" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

1st Session 

REPORT

112–331 

MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 2055 

DECEMBER 15, 2011.—Ordered to be printed 


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MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2012 


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U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

71–515 

" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

1st Session 

REPORT

2011

112–331 

MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

CONFERENCE REPORT 

TO ACCOMPANY

H.R. 2055 

DECEMBER 15, 2011.—Ordered to be printed 


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112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–331 

MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2012 

DECEMBER 15, 2011.—Ordered to be printed 

Mr. ROGERS of Kentucky, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 2055] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 

2055), making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year 

ending September 30, 2012, and for other purposes, having met, 

after full and free conference, have agreed to recommend and do 

recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as 

follows: 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations Act, 

2012’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

Sec. 4. Statement of appropriations. 

Sec. 5. Availability of funds. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012 

Title I—Military Personnel 

Title II—Operation and Maintenance 

Title III—Procurement 

Title IV—Research, Development, Test and Evaluation 

Title V—Revolving and Management Funds 

Title VI—Other Department of Defense Programs 


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Title VII—Related agencies 

Title VIII—General provisions 

Title IX—Overseas contingency operations 

DIVISION B—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 

2012 

Title I—Corps of Engineers—Civil 

Title II—Department of the Interior 

Title III—Department of Energy 

Title IV—Independent agencies 

Title V—General provisions 

DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT 

APPROPRIATIONS ACT, 2012 

Title I—Department of the Treasury 

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

Title III—The Judiciary 

Title IV—District of Columbia 

Title V—Independent agencies 

Title VI—General provisions—This Act 

Title VII—General provisions—Government-wide 

Title VIII—General provisions—District of Columbia 

DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 

ACT, 2012 

Title I—Departmental management and operations 

Title II—Security, enforcement, and investigations 

Title III—Protection, preparedness, response, and recovery 

Title IV—Research and development, training, and services 

Title V—General provisions 

DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2012 

Title I—Department of the Interior 

Title II—Environmental Protection Agency 

Title III—Related agencies 

Title IV—General provisions 

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

AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related agencies 

Title V—General provisions 

DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012 

Title I—Legislative branch 

Title II—General provisions 

DIVISION H—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2012 

Title I—Department of Defense 

Title II—Department of Veterans Affairs 

Title III—Related agencies 

Title IV—Overseas contingency operations 

Title V—General provisions 

DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 

RELATED PROGRAMS APPROPRIATIONS ACT, 2012 

Title I—Department of State and related agency 

Title II—United States Agency for International Development 

Title III—Bilateral economic assistance 

Title IV—International security assistance 

Title V—Multilateral assistance 

Title VI—Export and investment assistance 

Title VII—General provisions 


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Title VIII—Overseas contingency operations 

SEC. 3. REFERENCES. 

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

Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. 

SEC. 4. STATEMENT OF APPROPRIATIONS. 

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

money in the Treasury not otherwise appropriated, for the fiscal 

year ending September 30, 2012. 

SEC. 5. AVAILABILITY OF FUNDS. 

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

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985 shall be available (or rescinded, if applicable) 

only if the President subsequently so designates all such amounts 

and transmits such designations to the Congress. 

DIVISION A—DEPARTMENT OF DEFENSE 

APPROPRIATIONS ACT, 2012 

TITLE I 

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Army on active duty, (except members of reserve 

components provided for elsewhere), cadets, and aviation cadets; for 

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

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $43,298,409,000. 

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

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

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

pursuant to section 156 of Public Law 97–377, as amended (42 

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $26,803,334,000. 

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Marine Corps on active duty (except members of 


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the Reserve provided for elsewhere); and for payments pursuant to 

section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), 

and to the Department of Defense Military Retirement Fund, 

$13,635,136,000. 

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest 

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, 

for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for 

payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military 

Retirement Fund, $28,096,708,000. 

RESERVE PERSONNEL, ARMY

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

and related expenses for personnel of the Army Reserve on active 

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

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

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

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

undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 

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

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

RESERVE PERSONNEL, NAVY

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

and related expenses for personnel of the Navy Reserve on active 

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

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

States Code, in connection with performing duty specified in section 

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

training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $1,935,544,000. 

RESERVE PERSONNEL, MARINE CORPS

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

and related expenses for personnel of the Marine Corps Reserve on 

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

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

United States Code, in connection with performing duty specified in 

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

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

for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; 

and for payments to the Department of Defense Military Retirement 

Fund, $644,722,000. 


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RESERVE PERSONNEL, AIR FORCE

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

and related expenses for personnel of the Air Force Reserve on active 

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

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

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

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

undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 

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

of Defense Military Retirement Fund, $1,712,705,000. 

NATIONAL GUARD PERSONNEL, ARMY

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

and related expenses for personnel of the Army National Guard 

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

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

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

States Code, in connection with performing duty specified in section 

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

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

and for payments to the Department of Defense Military Retirement 

Fund, $7,585,645,000. 

NATIONAL GUARD PERSONNEL, AIR FORCE

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

and related expenses for personnel of the Air National Guard on 

duty under section 10211, 10305, or 12402 of title 10 or section 708 

of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States 

Code, in connection with performing duty specified in section 

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

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

and for payments to the Department of Defense Military Retirement 

Fund, $3,088,929,000. 

TITLE II 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not 

to exceed $12,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the 

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

of necessity for confidential military purposes, $31,072,902,000. 

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as auVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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thorized by law; and not to exceed $14,804,000 can be used for 

emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may 

be made on his certificate of necessity for confidential military purposes, $38,120,821,000. 

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, 

$5,542,937,000. 

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and 

not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the 

Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes, 

$34,985,486,000. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department 

of Defense (other than the military departments), as authorized by 

law, $30,152,008,000: Provided, That not more than $47,026,000 

may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided 

further, That not to exceed $36,000,000 can be used for emergencies 

and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on 

his certificate of necessity for confidential military purposes: Provided further, That of the funds provided under this heading, not 

less than $34,311,000 shall be made available for the Procurement 

Technical Assistance Cooperative Agreement Program, of which not 

less than $3,600,000 shall be available for centers defined in 10 

U.S.C. 2411(1)(D): Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan 

or implement the consolidation of a budget or appropriations liaison 

office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one 

of the Armed Forces into a legislative affairs or legislative liaison 

office: Provided further, That $8,420,000, to remain available until 

expended, is available only for expenses relating to certain classified 

activities, and may be transferred as necessary by the Secretary of 

Defense to operation and maintenance appropriations or research, 

development, test and evaluation appropriations, to be merged with 

and to be available for the same time period as the appropriations 

to which transferred: Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described 

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ity provided under this heading is in addition to any other transfer 

authority provided elsewhere in this Act. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $3,071,733,000. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $1,305,134,000. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and 

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $271,443,000. 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; 

care of the dead; recruiting; procurement of services, supplies, and 

equipment; and communications, $3,274,359,000. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the 

Army National Guard, including medical and hospital treatment 

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger 

motor vehicles; personnel services in the National Guard Bureau; 

travel expenses (other than mileage), as authorized by law for Army 

personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically 

authorized by the Chief, National Guard Bureau; supplying and 

equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies 

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

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

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lated expenses in non-Federal hospitals; maintenance, operation, 

and repairs to structures and facilities; transportation of things, 

hire of passenger motor vehicles; supplying and equipping the Air 

National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the 

Department of Defense; travel expenses (other than mileage) on the 

same basis as authorized by law for Air National Guard personnel 

on active Federal duty, for Air National Guard commanders while 

inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $6,098,780,000. 

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States Court 

of Appeals for the Armed Forces, $13,861,000, of which not to exceed 

$5,000 may be used for official representation purposes. 

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $346,031,000, to remain available until transferred: Provided, That the Secretary of the Army 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the 

Army, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 

not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $308,668,000, to remain available until transferred: Provided, That the Secretary of the Navy 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the 

Navy, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 

to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 

not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation: Provided further, That the 


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transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $525,453,000, to remain 

available until transferred: Provided, That the Secretary of the Air 

Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, 

removal of unsafe buildings and debris of the Department of the Air 

Force, or for similar purposes, transfer the funds made available by 

this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available 

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such 

amounts may be transferred back to this appropriation: Provided 

further, That the transfer authority provided under this heading is 

in addition to any other transfer authority provided elsewhere in 

this Act. 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $10,716,000, to remain available until transferred: Provided, That the Secretary of Defense shall, 

upon determining that such funds are required for environmental 

restoration, reduction and recycling of hazardous waste, removal of 

unsafe buildings and debris of the Department of Defense, or for 

similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department 

of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which 

transferred: Provided further, That upon a determination that all or 

part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be 

transferred back to this appropriation: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $326,495,000, to remain available until transferred: Provided, That the Secretary of the Army 

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the 

Department of Defense, transfer the funds made available by this 

appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the 

same purposes and for the same time period as the appropriations 


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to which transferred: Provided further, That upon a determination 

that all or part of the funds transferred from this appropriation are 

not necessary for the purposes provided herein, such amounts may 

be transferred back to this appropriation: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster, 

and Civic Aid programs of the Department of Defense (consisting of 

the programs provided under sections 401, 402, 404, 407, 2557, and 

2561 of title 10, United States Code), $107,662,000, to remain available until September 30, 2013. 

COOPERATIVE THREAT REDUCTION ACCOUNT

For assistance to the republics of the former Soviet Union and, 

with appropriate authorization by the Department of Defense and 

Department of State, to countries outside of the former Soviet 

Union, including assistance provided by contract or by grants, for 

facilitating the elimination and the safe and secure transportation 

and storage of nuclear, chemical and other weapons; for establishing programs to prevent the proliferation of weapons, weapons 

components, and weapon-related technology and expertise; for programs relating to the training and support of defense and military 

personnel for demilitarization and protection of weapons, weapons 

components and weapons technology and expertise, and for defense 

and military contacts, $508,219,000, to remain available until September 30, 2014: Provided, That of the amounts provided under this 

heading, not less than $13,500,000 shall be available only to support the dismantling and disposal of nuclear submarines, submarine reactor components, and security enhancements for transport and storage of nuclear warheads in the Russian Far East and 

North. 

DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT

FUND

For the Department of Defense Acquisition Workforce Development Fund, $105,501,000. 

TITLE III 

PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing 

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

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses 


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necessary for the foregoing purposes, $5,360,334,000, to remain 

available for obligation until September 30, 2014. 

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and 

modernization of missiles, equipment, including ordnance, ground 

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing 

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

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes, $1,461,223,000, to remain 

available for obligation until September 30, 2014. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For construction, procurement, production, and modification of 

weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment 

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and 

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

prosecuted thereon prior to approval of title; and procurement and 

installation of equipment, appliances, and machine tools in public 

and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the 

foregoing purposes, $2,070,405,000, to remain available for obligation until September 30, 2014. 

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

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

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,884,424,000, to remain available for obligation until September 30, 2014. 

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of 

vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; 

communications and electronic equipment; other support equipment; 

spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, 


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including the land necessary therefor, for the foregoing purposes, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway; and other expenses necessary 

for the foregoing purposes, $7,924,214,000, to remain available for 

obligation until September 30, 2014. 

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of aircraft, equipment, including ordnance, spare 

parts, and accessories therefor; specialized equipment; expansion of 

public and private plants, including the land necessary therefor, 

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools 

in public and private plants; reserve plant and Government and 

contractor-owned equipment layaway, $17,675,734,000, to remain 

available for obligation until September 30, 2014. 

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and 

modernization of missiles, torpedoes, other weapons, and related 

support equipment including spare parts, and accessories therefor; 

expansion of public and private plants, including the land necessary 

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

and construction prosecuted thereon prior to approval of title; and 

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $3,224,432,000, to 

remain available for obligation until September 30, 2014. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

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

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 

tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $626,848,000, to remain available 

for obligation until September 30, 2014. 

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and 

installation thereof in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway; procurement 


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of critical, long lead time components and designs for vessels to be 

constructed or converted in the future; and expansion of public and 

private plants, including land necessary therefor, and such lands 

and interests therein, may be acquired, and construction prosecuted 

thereon prior to approval of title, as follows: 

Carrier Replacement Program (AP), $554,798,000; 

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

Virginia Class Submarine (AP), $1,461,361,000; 

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

DDG–1000 Program, $453,727,000; 

DDG–51 Destroyer, $1,980,709,000; 

DDG–51 Destroyer (AP), $100,723,000; 

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

LPD–17, $1,837,444,000; 

LHA–Replacement, $1,999,191,000; 

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

Oceanographic Ships, $89,000,000; 

Moored Training Ship, $131,200,000; 

LCAC Service Life Extension Program, $84,076,000; 

Service Craft, $3,863,000; and 

For outfitting, post delivery, conversions, and first destina- tion transportation, $270,639,000. 

Completion of Prior Year Shipbuilding Programs, $73,992,000. 

In all: $14,919,114,000, to remain available for obligation until 

September 30, 2016: Provided, That additional obligations may be 

incurred after September 30, 2016, for engineering services, tests, 

evaluations, and other such budgeted work that must be performed 

in the final stage of ship construction: Provided further, That none 

of the funds provided under this heading for the construction or 

conversion of any naval vessel to be constructed in shipyards in the 

United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That 

none of the funds provided under this heading shall be used for the 

construction of any naval vessel in foreign shipyards. 

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support 

equipment and materials not otherwise provided for, Navy ordnance 

(except ordnance for new aircraft, new ships, and ships authorized 

for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the 

land necessary therefor, and such lands and interests therein, may 

be acquired, and construction prosecuted thereon prior to approval 

of title; and procurement and installation of equipment, appliances, 

and machine tools in public and private plants; reserve plant and 

Government and contractor-owned equipment layaway, 

$6,013,385,000, to remain available for obligation until September 

30, 2014. 

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and 

modification of missiles, armament, military equipment, spare 

parts, and accessories therefor; plant equipment, appliances, and 


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machine tools, and installation thereof in public and private plants; 

reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public 

and private plants, including land necessary therefor, and such 

lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $1,422,570,000, to remain 

available for obligation until September 30, 2014. 

AIRCRAFT PROCUREMENT, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For construction, procurement, and modification of aircraft and 

equipment, including armor and armament, specialized ground 

handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof 

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

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

be acquired, and construction prosecuted thereon prior to approval 

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

to remain available for obligation until September 30, 2014: Provided, That of the amount made available under this heading, 

$63,500,000 made available for C–130J aircraft shall be transferred 

to the Department of Homeland Security, Coast Guard, ‘‘Acquisition, Construction, and Improvements’’: Provided further, That the 

transfer authority provided under this heading is in addition to any 

other transfer authority provided elsewhere in this Act. 

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles, 

spacecraft, rockets, and related equipment, including spare parts 

and accessories therefor, ground handling equipment, and training 

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

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

lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses 

necessary for the foregoing purposes including rents and transportation of things, $6,080,877,000, to remain available for obligation 

until September 30, 2014. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification of 

ammunition, and accessories therefor; specialized equipment and 

training devices; expansion of public and private plants, including 

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

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and 

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine 


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tools in public and private plants; reserve plant and Government 

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $499,185,000, to remain available 

for obligation until September 30, 2014. 

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including 

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

spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor 

vehicles; and expansion of public and private plants, Governmentowned equipment and installation thereof in such plants, erection of 

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

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

prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, 

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

30, 2014. 

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of 

public and private plants, equipment, and installation thereof in 

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

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

acquired, and construction prosecuted thereon prior to approval of 

title; reserve plant and Government and contractor-owned equipment layaway, $4,893,428,000, to remain available for obligation 

until September 30, 2014. 

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 

108, 301, 302, and 303 of the Defense Production Act of 1950 (50 

U.S.C. App. 2078, 2091, 2092, and 2093), $169,964,000, to remain 

available until expended. 

TITLE IV 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

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

30, 2013. 


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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

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

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

which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces: Provided further, That funds appropriated in this paragraph shall be available 

for the Cobra Judy program. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research, 

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, 

$26,535,996,000, to remain available for obligation until September 

30, 2013. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and 

applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by 

the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, 

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

30, 2013: Provided, That of the funds made available in this paragraph, $200,000,000 for the Defense Rapid Innovation Program 

shall only be available for expenses, not otherwise provided for, to 

include program management and oversight, to conduct research, 

development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to 

full-scale production: Provided further, That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation Program to appropriations for research, development, test 

and evaluation to accomplish the purpose provided herein: Provided 

further, That this transfer authority is in addition to any other 

transfer authority available to the Department of Defense: Provided 

further, That the Secretary of Defense shall, not fewer than 30 days 

prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such 

transfer. 

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, 

in the direction and supervision of operational test and evaluation, 

including initial operational test and evaluation which is conducted 

prior to, and in support of, production decisions; joint operational 

testing and evaluation; and administrative expenses in connection 


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therewith, $191,292,000, to remain available for obligation until 

September 30, 2013. 

TITLE V 

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,575,010,000. 

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and activities, and for expenses of the National Defense Reserve Fleet, as 

established by section 11 of the Merchant Ship Sales Act of 1946 (50 

U.S.C. App. 1744), and for the necessary expenses to maintain and 

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

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

until expended: Provided, That none of the funds provided in this 

paragraph shall be used to award a new contract that provides for 

the acquisition of any of the following major components unless 

such components are manufactured in the United States: auxiliary 

equipment, including pumps, for all shipboard services; propulsion 

system components (engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes: Provided further, 

That the exercise of an option in a contract awarded through the obligation of previously appropriated funds shall not be considered to 

be the award of a new contract: Provided further, That the Secretary of the military department responsible for such procurement 

may waive the restrictions in the first proviso on a case-by-case 

basis by certifying in writing to the Committees on Appropriations 

of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be 

made in order to acquire capability for national security purposes. 

TITLE VI 

OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health 

care programs of the Department of Defense as authorized by law, 

$32,482,059,000; of which $30,582,235,000 shall be for operation 

and maintenance, of which not to exceed 1 percent shall remain 

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

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

the TRICARE program; of which $632,518,000, to remain available 

for obligation until September 30, 2014, shall be for procurement; 

and of which $1,267,306,000, to remain available for obligation 

until September 30, 2013, shall be for research, development, test 

and evaluation: Provided, That, notwithstanding any other provision of law, of the amount made available under this heading for 

research, development, test and evaluation, not less than $8,000,000 

shall be available for HIV prevention educational activities undertaken in connection with United States military training, exercises, 


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and humanitarian assistance activities conducted primarily in African nations. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents 

and munitions in accordance with the provisions of section 1412 of 

the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521), and for the destruction of other chemical warfare materials 

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

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

which no less than $71,211,000, shall be for the Chemical Stockpile 

Emergency Preparedness Program, consisting of $19,211,000 for activities on military installations and $52,000,000, to remain available until September 30, 2013, to assist State and local governments 

and $406,731,000, to remain available until September 30, 2013, 

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

$401,768,000 shall only be for the Assembled Chemical Weapons Alternatives (ACWA) program. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

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

serving under the provisions of title 10 and title 32, United States 

Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $1,209,620,000: Provided, 

That the funds appropriated under this heading shall be available 

for obligation for the same time period and for the same purpose as 

the appropriation to which transferred: Provided further, That upon 

a determination that all or part of the funds transferred from this 

appropriation are not necessary for the purposes provided herein, 

such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act: Provided further, That $23,000,000 may not be 

obligated or expended until the Secretary of Defense submits an implementation plan for the expansion of prescription drug testing to 

the congressional defense committees. 

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General 

in carrying out the provisions of the Inspector General Act of 1978, 

as amended, $346,919,000, of which $341,419,000 shall be for operation and maintenance, of which not to exceed $700,000 is available 

for emergencies and extraordinary expenses to be expended on the 

approval or authority of the Inspector General, and payments may 

be made on the Inspector General’s certificate of necessity for confidential military purposes; of which $1,000,000, to remain available until September 30, 2014, shall be for procurement; and of 

which $4,500,000, to remain available until September 30, 2013, 

shall be for research, development, testing, and evaluation. 


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TITLE VII 

RELATED AGENCIES 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement and 

Disability System Fund, to maintain the proper funding level for 

continuing the operation of the Central Intelligence Agency Retirement and Disability System, $513,700,000. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

For necessary expenses of the Intelligence Community Manage- ment Account, $547,891,000. 

TITLE VIII 

GENERAL PROVISIONS 

SEC. 8001. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel 

of the Department of Defense: Provided, That salary increases 

granted to direct and indirect hire foreign national employees of the 

Department of Defense funded by this Act shall not be at a rate in 

excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under 

the provisions of section 5332 of title 5, United States Code, or at 

a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States 

diplomatic missions whose pay is set by the Department of State 

under the Foreign Service Act of 1980: Provided further, That the 

limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey. 

SEC. 8003. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year, 

unless expressly so provided herein. 

SEC. 8004. No more than 20 percent of the appropriations in 

this Act which are limited for obligation during the current fiscal 

year shall be obligated during the last 2 months of the fiscal year: 

Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp 

training of the Reserve Officers’ Training Corps. 

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense that 

such action is necessary in the national interest, he may, with the 

approval of the Office of Management and Budget, transfer not to 

exceed $3,750,000,000 of working capital funds of the Department 

of Defense or funds made available in this Act to the Department 


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of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be 

merged with and to be available for the same purposes, and for the 

same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used 

unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no 

case where the item for which funds are requested has been denied 

by the Congress: Provided further, That the Secretary of Defense 

shall notify the Congress promptly of all transfers made pursuant 

to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for 

reprogramming of funds, unless for higher priority items, based on 

unforeseen military requirements, than those for which originally 

appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using 

authority provided in this section shall be made prior to June 30, 

2012: Provided further, That transfers among military personnel 

appropriations shall not be taken into account for purposes of the 

limitation on the amount of funds that may be transferred under 

this section. 

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

projects, and activities (and the dollar amounts and adjustments to 

budget activities corresponding to such programs, projects, and activities) contained in the tables titled ‘‘Explanation of Project Level 

Adjustments’’ in the explanatory statement regarding this Act, the 

obligation and expenditure of amounts appropriated or otherwise 

made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner 

provided by such tables to the same extent as if the tables were included in the text of this Act. 

(b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for 

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

shall apply when transfers of the amounts described in subsection 

(a) occur between appropriation accounts. 

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

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

reprogramming and transfer authorities for fiscal year 2012: Provided, That the report shall include— 

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

to display the President’s budget request, adjustments made by 

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

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

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

the Budget Appendix; and 

(3) an identification of items of special congressional interest. 

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

provided in this Act shall be available for reprogramming or transVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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

congressional defense committees, unless the Secretary of Defense 

certifies in writing to the congressional defense committees that such 

reprogramming or transfer is necessary as an emergency requirement. 

(TRANSFER OF FUNDS)

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

working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash 

disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the ‘‘Foreign 

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

and Maintenance’’ appropriation accounts in such amounts as may 

be determined by the Secretary of Defense, with the approval of the 

Office of Management and Budget, except that such transfers may 

not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the 

amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or 

increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation. 

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

initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees. 

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

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

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

of the contract or that includes an unfunded contingent liability in 

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

leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the 

congressional defense committees have been notified at least 30 days 

in advance of the proposed contract award: Provided, That no part 

of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government’s liability: Provided further, That no part of any appropriation 

contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value 

of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further, That 

the execution of multiyear authority shall require the use of a 

present value analysis to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after 

the date of the enactment of this Act unless in the case of any such 

contract— 

(1) the Secretary of Defense has submitted to Congress a 

budget request for full funding of units to be procured through 


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

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

through the contract for which procurement funds are requested 

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

funding of procurement of such unit in that fiscal year; 

(2) cancellation provisions in the contract do not include 

consideration of recurring manufacturing costs of the contractor 

associated with the production of unfunded units to be delivered under the contract; 

(3) the contract provides that payments to the contractor 

under the contract shall not be made in advance of incurred 

costs on funded units; and 

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

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

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

multiyear procurement contract as follows: 

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

SEC. 8011. Within the funds appropriated for the operation and 

maintenance of the Armed Forces, funds are hereby appropriated 

pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United 

States Code. Such funds may also be obligated for humanitarian 

and civic assistance costs incidental to authorized operations and 

pursuant to authority granted in section 401 of chapter 20 of title 

10, United States Code, and these obligations shall be reported as 

required by section 401(d) of title 10, United States Code: Provided, 

That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using 

Civic Action Teams in the Trust Territories of the Pacific Islands 

and freely associated states of Micronesia, pursuant to the Compact 

of Free Association as authorized by Public Law 99–239: Provided 

further, That upon a determination by the Secretary of the Army 

that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the 

Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the 

Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam. 

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

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

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

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

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

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

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

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

request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to 

fiscal year 2013. 

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


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

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

action on any legislation or appropriation matters pending before 

the Congress. 

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

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

Army participating as a full-time student and receiving benefits 

paid by the Secretary of Veterans Affairs from the Department of 

Defense Education Benefits Fund when time spent as a full-time 

student is credited toward completion of a service commitment: Provided, That this section shall not apply to those members who have 

reenlisted with this option prior to October 1, 1987: Provided further, That this section applies only to active components of the 

Army. 

(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for the 

purpose of implementing a Mentor-Protege Program developmental 

assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 

10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. 

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

the purchase by the Department of Defense (and its departments 

and agencies) of welded shipboard anchor and mooring chain 4 

inches in diameter and under unless the anchor and mooring chain 

are manufactured in the United States from components which are 

substantially manufactured in the United States: Provided, That for 

the purpose of this section, the term ‘‘manufactured’’ shall include 

cutting, heat treating, quality control, testing of chain and welding 

(including the forging and shot blasting process): Provided further, 

That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of 

the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a caseby-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire 

capability for national security purposes. 

SEC. 8017. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M– 

1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or 

M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited 

from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary 

of the Army or designee as unserviceable or unsafe for further use. 

SEC. 8018. No more than $500,000 of the funds appropriated 

or made available in this Act shall be used during a single fiscal 


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year for any single relocation of an organization, unit, activity or 

function of the Department of Defense into or within the National 

Capital Region: Provided, That the Secretary of Defense may waive 

this restriction on a case-by-case basis by certifying in writing to the 

congressional defense committees that such a relocation is required 

in the best interest of the Government. 

SEC. 8019. In addition to the funds provided elsewhere in this 

Act, $15,000,000 is appropriated only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (25 

U.S.C. 1544): Provided, That a prime contractor or a subcontractor 

at any tier that makes a subcontract award to any subcontractor or 

supplier as defined in section 1544 of title 25, United States Code, 

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

Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime contract 

or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making Appropriations for the 

Department of Defense with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States 

Code, this section shall be applicable to any Department of Defense 

acquisition of supplies or services, including any contract and any 

subcontract at any tier for acquisition of commercial items produced 

or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a 

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

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

Media Activity shall not be used for any national or international 

political or psychological activities. 

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

Defense is authorized to incur obligations of not to exceed 

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

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

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

upon receipt, such contributions from the Government of Kuwait 

shall be credited to the appropriations or fund which incurred such 

obligations. 

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

than $37,745,000 shall be available for the Civil Air Patrol Corporation, of which— 

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

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

operation and maintenance, readiness, counterdrug activities, 

and drug demand reduction activities involving youth programs; 

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

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

Air Force’’ for vehicle procurement. 

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

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

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


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

available to establish a new Department of Defense (department) 

federally funded research and development center (FFRDC), either 

as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership 

corporation consisting of a consortium of other FFRDCs and other 

nonprofit entities. 

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, 

may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal 

year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per 

diem as authorized under the Federal Joint Travel Regulations, 

when engaged in the performance of membership duties. 

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

funds available to the department from any source during fiscal 

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

payment mechanism, for construction of new buildings, for payment 

of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, 

not to include employee participation in community service and/or 

development. 

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

available to the department during fiscal year 2012, not more than 

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

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

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

be funded for the defense studies and analysis FFRDCs: Provided 

further, That this subsection shall not apply to staff years funded 

in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP). 

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

department’s fiscal year 2013 budget request, submit a report presenting the specific amounts of staff years of technical effort to be 

allocated for each defense FFRDC during that fiscal year and the 

associated budget estimates. 

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

amount appropriated in this Act for FFRDCs is hereby reduced by 

$150,245,000. 

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

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

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

the control of the Department of Defense which were not melted and 

rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply 

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

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

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

the military department responsible for the procurement may waive 

this restriction on a case-by-case basis by certifying in writing to the 

Committees on Appropriations of the House of Representatives and 

the Senate that adequate domestic supplies are not available to meet 


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Department of Defense requirements on a timely basis and that such 

an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions 

shall not apply to contracts which are in being as of the date of the 

enactment of this Act. 

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

defense committees’’ means the Armed Services Committee of the 

House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. 

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

Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of 

components and other Defense-related articles, through competition 

between Department of Defense depot maintenance activities and 

private firms: Provided, That the Senior Acquisition Executive of the 

military department or Defense Agency concerned, with power of 

delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private 

bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section. 

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

with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph 

(2) has violated the terms of the agreement by discriminating 

against certain types of products produced in the United States that 

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

the Secretary’s blanket waiver of the Buy American Act with respect 

to such types of products produced in that foreign country. 

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

defense procurement memorandum of understanding, between the 

United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for 

certain products in that country. 

(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2012. Such report shall separately indicate the dollar value of items for which the Buy American Act was 

waived pursuant to any agreement described in subsection (a)(2), 

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

international agreement to which the United States is a party. 

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

means chapter 83 of title 41, United States Code. 

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

the Department of Defense Overseas Military Facility Investment 

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

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

2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act. 

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

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

without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, MinVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00030 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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nesota, and Washington relocatable military housing units located 

at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air 

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

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

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

with the request for such units that are submitted to the Secretary 

by the Operation Walking Shield Program on behalf of Indian 

tribes located in the States of Nevada, Idaho, North Dakota, South 

Dakota, Montana, Oregon, Minnesota, and Washington. Any such 

conveyance shall be subject to the condition that the housing units 

shall be removed within a reasonable period of time, as determined 

by the Secretary. 

(c) The Operation Walking Shield Program shall resolve any 

conflicts among requests of Indian tribes for housing units under 

subsection (a) before submitting requests to the Secretary of the Air 

Force under subsection (b). 

(d) In this section, the term ‘‘Indian tribe’’ means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized 

Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 

U.S.C. 479a–1). 

SEC. 8030. During the current fiscal year, appropriations which 

are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item 

unit cost of not more than $250,000. 

SEC. 8031. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working 

Capital Funds shall be used for the purchase of an investment item 

for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year 

to customers of the Department of Defense Working Capital Funds 

if such an item would not have been chargeable to the Department 

of Defense Business Operations Fund during fiscal year 1994 and 

if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement. 

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

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

shall be prepared and submitted to the Congress on the basis that 

any equipment which was classified as an end item and funded in 

a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2013 procurement appropriation 

and not in the supply management business area or any other area 

or category of the Department of Defense Working Capital Funds. 

SEC. 8032. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for 

obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2013: Provided, That funds appropriated, 

transferred, or otherwise credited to the Central Intelligence Agency 

Central Services Working Capital Fund during this or any prior or 

subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the 


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Central Intelligence Agency for advanced research and development 

acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security 

Act of 1947, as amended, shall remain available until September 

30, 2013. 

SEC. 8033. Notwithstanding any other provision of law, funds 

made available in this Act for the Defense Intelligence Agency may 

be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands. 

SEC. 8034. Of the funds appropriated to the Department of Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only for 

the mitigation of environmental impacts, including training and 

technical assistance to tribes, related administrative support, the 

gathering of information, documenting of environmental damage, 

and developing a system for prioritization of mitigation and cost to 

complete estimates for mitigation, on Indian lands resulting from 

Department of Defense activities. 

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

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

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

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

chapter 83 of title 41, United States Code. 

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

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

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

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

in accordance with section 2410f of title 10, United States Code, 

whether the person should be debarred from contracting with the 

Department of Defense. 

(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress 

that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, 

provided that American-made equipment and products are costcompetitive, quality competitive, and available in a timely fashion. 

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

available for a contract for studies, analysis, or consulting services 

entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement 

determines— 

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

source is found fully qualified to perform the proposed work; 

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

proposal which offers significant scientific or technological 

promise, represents the product of original thinking, and was 

submitted in confidence by one source; or 

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

unique and significant industrial accomplishment by a specific 

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

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

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


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in development or production, or contracts as to which a civilian official of the Department of Defense, who has been confirmed by the Senate, determines that the award of such contract is in the interest of the national defense. 

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

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

(1) to establish a field operating agency; or 

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

or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters. 

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case 

basis, if the Secretary determines, and certifies to the Committees on 

Appropriations of the House of Representatives and Senate that the 

granting of the waiver will reduce the personnel requirements or the 

financial requirements of the department. 

(c) This section does not apply to— 

(1) field operating agencies funded within the National Intelligence Program; 

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

mitigate, or counter the effects of improvised explosive devices, 

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

threats; or 

(3) an Army field operating agency established to improve 

the effectiveness and efficiencies of biometric activities and to 

integrate common biometric technologies throughout the Department of Defense. 

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

provision of law, acting through the Office of Economic Adjustment 

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

Act under the heading ‘‘Operation and Maintenance, Defense-Wide’’ 

to make grants and supplement other Federal funds in accordance 

with the guidance provided in the explanatory statement regarding 

this Act. 

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

be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the 

enactment of this Act, is performed by Department of Defense civilian employees unless— 

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

competition that includes a most efficient and cost effective organization plan developed by such activity or function; 

(2) the Competitive Sourcing Official determines that, over 

all performance periods stated in the solicitation of offers for 

performance of the activity or function, the cost of performance 

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

to the Department of Defense by an amount that equals or exceeds the lesser of— 

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

(B) $10,000,000; and 


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(3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense 

by— 

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

in the performance of that activity or function under the 

contract; or 

(B) offering to such workers an employer-sponsored 

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

than the amount that is paid by the Department of Defense 

for health benefits for civilian employees under chapter 89 

of title 5, United States Code. 

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

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

10, United States Code, and notwithstanding any administrative 

regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— 

(A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (section 

8503 of title 41, United States Code); 

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

qualified nonprofit agency for the blind or by a qualified 

nonprofit agency for other severely handicapped individuals in accordance with that Act; or 

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

qualified firm under at least 51 percent ownership by an 

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

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

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

637(a)(15)). 

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

2474 of title 10, United States Code. 

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

of Defense under the authority provided by this section shall be 

credited toward any competitive or outsourcing goal, target, or 

measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in 

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

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

(RESCISSIONS)

SEC. 8040. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: 

‘‘National Defense Sealift Fund, 2002/XXXX’’, $20,444,000; 

‘‘National Defense Sealift Fund, 2003/XXXX’’, $8,500,000; 

‘‘National Defense Sealift Fund, 2004/XXXX’’, $6,500,000; 

‘‘Aircraft Procurement, Army, 2010/2012’’, $5,100,000; 

‘‘Procurement of Weapons and Tracked Combat Vehicles, 

Army, 2010/2012’’, $4,353,000; 


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‘‘Procurement of Ammunition, Army, 2010/2012’’, $21,674,000; 

‘‘Other Procurement, Army, 2010/2012’’, $58,647,000; 

‘‘Aircraft Procurement, Navy, 2010/2012’’, $90,000,000; 

‘‘Aircraft Procurement, Air Force, 2010/2012’’, $32,897,000; 

‘‘Missile Procurement, Air Force, 2010/2012’’, $3,889,000; 

‘‘Other Procurement, Air Force, 2010/2012’’, $12,200,000; 

‘‘Procurement, Defense-Wide, 2010/2012’’, $716,000; 

‘‘Aircraft Procurement, Army, 2011/2013’’, $21,500,000; 

‘‘Missile Procurement, Army, 2011/2013’’, $99,800,000; 

‘‘Procurement of Weapons and Tracked Combat Vehicles, Army, 2011/2013’’, $18,834,000; 

‘‘Procurement of Ammunition, Army, 2011/2013’’, $15,000,000; 

‘‘Other Procurement, Army, 2011/2013’’, $438,436,000; 

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

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

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

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

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

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

$110,351,000; 

‘‘Aircraft Procurement, Air Force, 2011/2013’’, $220,213,000; 

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

$193,900,000; 

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

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

‘‘Research, Development, Test and Evaluation, Army, 2011/ 2012’’, $356,625,000; 

‘‘Research, Development, Test and Evaluation, Navy, 2011/ 2012’’, $65,687,000; 

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

2011/2012’’, $258,094,000; 

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

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

Provided, That the funds rescinded from the National Defense Sealift accounts are those described under the heading 

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

Law 107–248, and Public Law 108–87, or for the purposes described in section 115 of division H of Public Law 108–199, as 

amended by section 1017 of division A of Public Law 109–13. 

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

to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on 

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

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

available in this Act may be obligated or expended for assistance to 

the Democratic People’s Republic of Korea unless specifically appropriated for that purpose. 


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

maintenance of the Military Departments, Combatant Commands 

and Defense Agencies shall be available for reimbursement of pay, 

allowances and other expenses which would otherwise be incurred 

against appropriations for the National Guard and Reserve when 

members of the National Guard and Reserve provide intelligence or 

counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and 

programs included within the National Intelligence Program and 

the Military Intelligence Program: Provided, That nothing in this 

section authorizes deviation from established Reserve and National 

Guard personnel and training procedures. 

SEC. 8044. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical 

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

Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is declining in some catchment areas and civilian strength reductions 

may be consistent with responsible resource stewardship and capitation-based budgeting. 

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

of Defense for any fiscal year for drug interdiction or counter-drug 

activities may be transferred to any other department or agency of 

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

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the 

United States except as specifically provided in an appropriations 

law. 

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

used for the procurement of ball and roller bearings other than 

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

such procurement may waive this restriction on a case-by-case basis 

by certifying in writing to the Committees on Appropriations of the 

House of Representatives and the Senate, that adequate domestic 

supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made 

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

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

Federal Procurement Policy Act, except that the restriction shall 

apply to ball or roller bearings purchased as end items. 

SEC. 8047. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United 

States, unless the Secretary of Defense certifies to the congressional 

defense committees that such an acquisition must be made in order 

to acquire capability for national security purposes that is not available from United States manufacturers. 

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

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

of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any 


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

of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall 

not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense. 

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

none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another 

nation or an international organization any defense articles or services (other than intelligence services) for use in the activities described in subsection (b) unless the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer. 

(b) This section applies to— 

(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the 

United Nations Charter under the authority of a United Nations Security Council resolution; and 

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

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

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

be transferred. 

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

services to be transferred. 

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

(A) a statement of whether the inventory requirements 

of all elements of the Armed Forces (including the reserve 

components) for the type of equipment or supplies to be 

transferred have been met; and 

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

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

President proposes to provide funds for such replacement. 

SEC. 8050. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of 

any amount paid by the contractor to an employee when— 

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

normal salary paid by the contractor to the employee; and 

(2) such bonus is part of restructuring costs associated with 

a business combination. 

(INCLUDING TRANSFER OF FUNDS)

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

$30,000,000 of appropriations made in this Act under the heading 

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred to 

appropriations available for the pay of military personnel, to be 

merged with, and to be available for the same time period as the 

appropriations to which transferred, to be used in support of such 

personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant 

to section 2012 of title 10, United States Code. 


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SEC. 8052. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed 

under the provisions of section 1552 of title 31, United States Code, 

and which has a negative unliquidated or unexpended balance, an 

obligation or an adjustment of an obligation may be charged to any 

current appropriation account for the same purpose as the expired 

or closed account if— 

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the 

end of the period of availability or closing of that account; 

(2) the obligation is not otherwise properly chargeable to 

any current appropriation account of the Department of Defense; and 

(3) in the case of an expired account, the obligation is not 

chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National 

Defense Authorization Act for Fiscal Year 1991, Public Law 

101–510, as amended (31 U.S.C. 1551 note): Provided, That in 

the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a 

current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation 

under this section may not exceed an amount equal to 1 percent 

of the total appropriation for that account. 

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

Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of 

the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis. 

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

funds available for the National Guard Distance Learning Project 

and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation. 

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

Act, the Secretary of the Air Force, pursuant to a determination 

under section 2690 of title 10, United States Code, may implement 

cost-effective agreements for required heating facility modernization 

in the Kaiserslautern Military Community in the Federal Republic 

of Germany: Provided, That in the City of Kaiserslautern and at the 

Rhine Ordnance Barracks area, such agreements will include the 

use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center 

and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for 

the consideration of United States coal as an energy source. 

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

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

operational training, operational use or inventory requirements: 

Provided, That this restriction does not apply to end-items used in 


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development, prototyping, and test activities preceding and leading 

to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National Intelligence Program: Provided further, That the Secretary of Defense 

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

writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so. 

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

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

fighter to any foreign government: Provided, That the Department 

of Defense may conduct or participate in studies, research, design 

and other activities to define and develop a future export version of 

the F–22A that protects classified and sensitive information, technologies and U.S. warfighting capabilities. 

SEC. 8057. (a) The Secretary of Defense may, on a case-by-case 

basis, waive with respect to a foreign country each limitation on the 

procurement of defense items from foreign sources provided in law 

if the Secretary determines that the application of the limitation 

with respect to that country would invalidate cooperative programs 

entered into between the Department of Defense and the foreign 

country, or would invalidate reciprocal trade agreements for the 

procurement of defense items entered into under section 2531 of title 

10, United States Code, and the country does not discriminate 

against the same or similar defense items produced in the United 

States for that country. 

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

(1) contracts and subcontracts entered into on or after the 

date of the enactment of this Act; and 

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

after such date under contracts that are entered into before such 

date if the option prices are adjusted for any reason other than 

the application of a waiver granted under subsection (a). 

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of 

the Harmonized Tariff Schedule and products classified under 

headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 

through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 

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

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

may be used to support any training program involving a unit of 

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

Defense has received credible information from the Department of 

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

unless all necessary corrective steps have been taken. 

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

of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given 

to all credible information available to the Department of State relating to human rights violations by foreign security forces. 

(c) The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances. 


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

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

to the congressional defense committees describing the extraordinary 

circumstances, the purpose and duration of the training program, 

the United States forces and the foreign security forces involved in 

the training program, and the information relating to human rights 

violations that necessitates the waiver. 

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

available by this or other Department of Defense Appropriations 

Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business. 

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

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

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

concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and 

transition strategy and its estimated annual and total cost, has been 

provided in writing to the congressional defense committees: Provided, That the Secretary of Defense may waive this restriction on 

a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so. 

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

quarterly report beginning 30 days after enactment of this Act, to 

the House and Senate Appropriations Committees, Subcommittees 

on Defense on certain matters as directed in the classified annex accompanying this Act. 

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

available to the Department of Defense may be used to provide support to another department or agency of the United States if such 

department or agency is more than 90 days in arrears in making 

payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable 

basis: Provided, That this restriction shall not apply if the department is authorized by law to provide support to such department or 

agency on a nonreimbursable basis, and is providing the requested 

support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis 

by certifying in writing to the Committees on Appropriations of the 

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

security interest to do so. 

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

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

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

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

ground-based elements of the National Ballistic Missile Defense System. 

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

to transfer to any nongovernmental entity ammunition held by the 

Department of Defense that has a center-fire cartridge and a United 

States military nomenclature designation of ‘‘armor penetrator’’, 

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


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‘‘armor-piercing incendiary tracer (API–T)’’, except to an entity performing demilitarization services for the Department of Defense 

under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles 

are either: (1) rendered incapable of reuse by the demilitarization 

process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State. 

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

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

payment of all or part of the consideration that otherwise would be 

required under section 2667 of title 10, United States Code, in the 

case of a lease of personal property for a period not in excess of 1 

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

United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National 

Guard Bureau, or his designee, on a case-by-case basis. 

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

used for the support of any nonappropriated funds activity of the 

Department of Defense that procures malt beverages and wine with 

nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the 

United States unless such malt beverages and wine are procured 

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

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

is located in more than one State, purchases may be made in any 

State in which the installation is located: Provided further, That 

such local procurement requirements for malt beverages and wine 

shall apply to all alcoholic beverages only for military installations 

in States which are not contiguous with another State: Provided 

further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be 

procured from the most competitive source, price and other factors 

considered. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8067. Of the amounts appropriated in this Act under the heading ‘‘Operation and Maintenance, Army’’, $124,493,000 shall 

remain available until expended: Provided, That notwithstanding 

any other provision of law, the Secretary of Defense is authorized to 

transfer such funds to other activities of the Federal Government: 

Provided further, That the Secretary of Defense is authorized to 

enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to 

projects carrying out the purposes of this section: Provided further, 

That contracts entered into under the authority of this section may 

provide for such indemnification as the Secretary determines to be 

necessary: Provided further, That projects authorized by this section 

shall comply with applicable Federal, State, and local law to the 

maximum extent consistent with the national security, as determined by the Secretary of Defense. 

SEC. 8068. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00041 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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section 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 

U.S.C. 113 note) shall continue in effect to apply to disbursements 

that are made by the Department of Defense in fiscal year 2012. 

SEC. 8069. In addition to amounts provided elsewhere in this Act, $4,000,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided, 

That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the 

Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military 

family members when confronted with the illness or hospitalization 

of an eligible military beneficiary. 

SEC. 8070. (a) IN GENERAL.—Subchapter I of chapter 88 of title 

10, United States Code, is amended by adding the following new 

section at its end— 

‘‘§ 1790. MILITARY PERSONNEL CITIZENSHIP PROCESSING. 

‘‘AUTHORIZATION OF PAYMENTS.—Using funds provided for operation and maintenance and notwithstanding section 2215 of title 

10, United States Code, the Secretary of Defense may reimburse the 

Secretary of Homeland Security for costs associated with the processing and adjudication by the United States Citizenship and Immigration Services (USCIS) of applications for naturalization described in sections 328(b)(4) and 329(b)(4) of the Immigration and 

Nationality Act (8 U.S.C. §§ 1439(b)(4) and 1440(b)(4)). Such reimbursements shall be deposited and remain available as provided by 

sections 286(m) and (n) of such Act (8 U.S.C. § 1356(m)). Such reimbursements shall be based on actual costs incurred by USCIS for 

processing applications for naturalization, and shall not exceed 

$7,500,000 per fiscal year.’’. 

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

is amended by inserting after the item relating to section 1789 the 

following new item: 

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

(INCLUDING TRANSFER OF FUNDS)

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

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

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

Range Ballistic Missile Defense (SRBMD) program, including cruise 

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

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

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

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

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

provision for production of missiles and missile components may be 

transferred to appropriations available for the procurement of weapVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00042 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ons and equipment, to be merged with and to be available for the 

same time period and the same purposes as the appropriation to 

which transferred: Provided further, That the transfer authority 

provided under this provision is in addition to any other transfer 

authority contained in this Act. 

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

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

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

may be obligated to modify command and control relationships to 

give United States Transportation Command operational and administrative control of C–130 and KC–135 forces assigned to the Pacific and European Air Force Commands. 

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

and (b) which existed on March 13, 2011, shall remain in force unless changes are specifically authorized in a subsequent Act. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8073. Of the amounts appropriated in this Act under the 

heading ‘‘Shipbuilding and Conversion, Navy’’, $73,992,000 shall be 

available until September 30, 2012, to fund prior year shipbuilding 

cost increases: Provided, That upon enactment of this Act, the Secretary of the Navy shall transfer funds to the following appropriations in the amounts specified: Provided further, That the amounts 

transferred shall be merged with and be available for the same purposes as the appropriations to which transferred to: 

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

Navy, 2005/2012’’: LPD–17 Amphibious Transport Dock Program $18,627,000; 

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

Navy, 2006/2012’’: LPD–17 Amphibious Transport Dock Program $23,437,000; and 

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

Navy, 2008/2012’’: LPD–17 Amphibious Transport Dock Program $31,928,000. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8074. (a) Of the amounts appropriated in title IV of this 

Act under the heading ‘‘Research, Development, Test and Evaluation, Army’’, for Budget Activities 4, 5 and 7, $50,000,000 shall be 

transferred to Program Element 0605601A: Provided, That no funds 

may be transferred until 30 days after the Secretary of the Army 

provides to the congressional defense committees a report including 

the details of any such transfer: Provided further, That the transfer 

authority provided under this provision is in addition to any other 

transfer authority contained in this Act. 

(b) Of the amounts appropriated in title IV of this Act under 

the heading ‘‘Research, Development, Test and Evaluation, Air 

Force’’, for Budget Activities 4, 5 and 7, $34,000,000 shall be transferred to Program Element 0605807F: Provided, That no funds may 

be transferred until 30 days after the Secretary of the Air Force provides to the congressional defense committees a report including the 

details of any such transfer: Provided further, That the transfer auVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00043 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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thority provided under this provision is in addition to any other 

transfer authority contained in this Act. 

SEC. 8075. Funds appropriated by this Act, or made available 

by the transfer of funds in this Act, for intelligence activities are 

deemed to be specifically authorized by the Congress for purposes of 

section 504 of the National Security Act of 1947 (50 U.S.C. 414) 

during fiscal year 2012 until the enactment of the Intelligence Authorization Act for Fiscal Year 2012. 

SEC. 8076. None of the funds provided in this Act shall be 

available for obligation or expenditure through a reprogramming of 

funds that creates or initiates a new program, project, or activity 

unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written 

prior notification to the congressional defense committees. 

SEC. 8077. The budget of the President for fiscal year 2013 submitted to the Congress pursuant to section 1105 of title 31, United 

States Code, shall include separate budget justification documents 

for costs of United States Armed Forces’ participation in contingency operations for the Military Personnel accounts, the Operation 

and Maintenance accounts, and the Procurement accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall 

include estimated costs for each element of expense or object class, 

a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop 

strength for each Active and Reserve component, and estimates of 

the major weapons systems deployed in support of each contingency: 

Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for 

the budget year and the two preceding fiscal years. 

SEC. 8078. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of 

nuclear armed interceptors of a missile defense system. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8079. In addition to the amounts appropriated or other- wise made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the 

determination of the Secretary of Defense that it shall serve the national interest, he shall make grants in the amounts specified as follows: $20,000,000 to the United Service Organizations and 

$24,000,000 to the Red Cross. 

SEC. 8080. None of the funds appropriated or made available 

in this Act shall be used to reduce or disestablish the operation of 

the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That 

the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season. 

SEC. 8081. None of the funds provided in this Act shall be 

available for integration of foreign intelligence information unless 


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the information has been lawfully collected and processed during 

the conduct of authorized foreign intelligence activities: Provided, 

That information pertaining to United States persons shall only be 

handled in accordance with protections provided in the Fourth 

Amendment of the United States Constitution as implemented 

through Executive Order No. 12333. 

SEC. 8082. (a) At the time members of reserve components of the 

Armed Forces are called or ordered to active duty under section 

12302(a) of title 10, United States Code, each member shall be notified in writing of the expected period during which the member will 

be mobilized. 

(b) The Secretary of Defense may waive the requirements of subsection (a) in any case in which the Secretary determines that it is 

necessary to do so to respond to a national security emergency or to 

meet dire operational requirements of the Armed Forces. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8083. The Secretary of Defense may transfer funds from 

any available Department of the Navy appropriation to any available Navy ship construction appropriation for the purpose of liquidating necessary changes resulting from inflation, market fluctuations, or rate adjustments for any ship construction program appropriated in law: Provided, That the Secretary may transfer not to exceed $100,000,000 under the authority provided by this section: Provided further, That the Secretary may not transfer any funds until 

30 days after the proposed transfer has been reported to the Committees on Appropriations of the House of Representatives and the 

Senate, unless a response from the Committees is received sooner: 

Provided further, That any funds transferred pursuant to this section shall retain the same period of availability as when originally 

appropriated: Provided further, That the transfer authority provided by this section is in addition to any other transfer authority 

contained elsewhere in this Act. 

SEC. 8084. For purposes of section 7108 of title 41, United 

States Code, any subdivision of appropriations made under the 

heading ‘‘Shipbuilding and Conversion, Navy’’ that is not closed at 

the time reimbursement is made shall be available to reimburse the 

Judgment Fund and shall be considered for the same purposes as 

any subdivision under the heading ‘‘Shipbuilding and Conversion, 

Navy’’ appropriations in the current fiscal year or any prior fiscal 

year. 

SEC. 8085. (a) None of the funds appropriated by this Act may 

be used to transfer research and development, acquisition, or other 

program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army. 

(b) The Army shall retain responsibility for and operational 

control of the MQ–1C Sky Warrior Unmanned Aerial Vehicle (UAV) 

in order to support the Secretary of Defense in matters relating to 

the employment of unmanned aerial vehicles. 

SEC. 8086. Up to $15,000,000 of the funds appropriated under 

the heading ‘‘Operation and Maintenance, Navy’’ may be made 

available for the Asia Pacific Regional Initiative Program for the 

purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and 

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cising with foreign security forces: Provided, That funds made 

available for this purpose may be used, notwithstanding any other 

funding authorities for humanitarian assistance, security assistance 

or combined exercise expenses: Provided further, That funds may 

not be obligated to provide assistance to any foreign country that is 

otherwise prohibited from receiving such type of assistance under 

any other provision of law. 

SEC. 8087. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except 

for funds appropriated for research and technology, which shall remain available until September 30, 2013. 

SEC. 8088. For purposes of section 1553(b) of title 31, United 

States Code, any subdivision of appropriations made in this Act 

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 

considered to be for the same purpose as any subdivision under the 

heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations in 

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

total amount of the appropriation. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8089. During the current fiscal year, not to exceed $200,000,000 from funds available under ‘‘Operation and Maintenance, Defense-Wide’’ may be transferred to the Department of State 

‘‘Global Security Contingency Fund’’: Provided, That this transfer 

authority is in addition to any other transfer authority available to 

the Department of Defense: Provided further, That the Secretary of 

Defense shall, not fewer than 30 days prior to making transfers to 

the Department of State ‘‘Global Security Contingency Fund’’, notify 

the congressional defense committees in writing with the source of 

funds and a detailed justification, execution plan, and timeline for 

each proposed project. 

SEC. 8090. The Director of National Intelligence shall include 

the budget exhibits identified in paragraphs (1) and (2) as described 

in the Department of Defense Financial Management Regulation 

with the congressional budget justification books: 

(1) For procurement programs requesting more than 

$10,000,000 in any fiscal year, the P–1, Procurement Program; 

P–5, Cost Analysis; P–5a, Procurement History and Planning; 

P–21, Production Schedule; and P–40, Budget Item Justification. 

(2) For research, development, test and evaluation projects 

requesting more than $5,000,000 in any fiscal year, the R–1, 

Research, Development, Test and Evaluation Program; R–2, Research, Development, Test and Evaluation Budget Item Justification; R–3, Research, Development, Test and Evaluation 

Project Cost Analysis; and R–4, Research, Development, Test 

and Evaluation Program Schedule Profile. 

SEC. 8091. The amounts appropriated in title II of this Act are 

hereby reduced by $515,000,000 to reflect excess cash balances in 

Department of Defense Working Capital Funds, as follows: From 

‘‘Operation and Maintenance, Army’’, $515,000,000. 

SEC. 8092. (a) Not later than 60 days after enactment of this 

Act, the Office of the Director of National Intelligence shall submit 

a report to the congressional intelligence committees to establish the 


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baseline for application of reprogramming and transfer authorities 

for fiscal year 2012: Provided, That the report shall include— 

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

to display the President’s budget request, adjustments made by 

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

(2) a delineation in the table for each appropriation by Expenditure Center and project; and 

(3) an identification of items of special congressional interest. 

(b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer 

until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National 

Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an 

emergency requirement. 

SEC. 8093. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be 

available for obligation or expenditure through a reprogramming or 

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

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

(1) creates a new start effort; 

(2) terminates a program with appropriated funding of $10,000,000 or more; 

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

Program; or 

(4) transfers funding between appropriations, 

unless the congressional intelligence committees are notified 30 days 

in advance of such reprogramming of funds; this notification period 

may be reduced for urgent national security requirements. 

(b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for 

obligation or expenditure through a reprogramming or transfer of 

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

Act of 1947 (50 U.S.C. 403-1(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex unless the congressional intelligence committees are notified 30 days in 

advance of such reprogramming of funds; this notification period 

may be reduced for urgent national security requirements. 

SEC. 8094. The Director of National Intelligence shall submit to 

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

is submitted to Congress that year under section 1105(a) of title 31, 

United States Code, a future-years intelligence program (including 

associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years 

intelligence program shall cover the fiscal year with respect to which 

the budget is submitted and at least the four succeeding fiscal years. 

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

intelligence committees’’ means the Permanent Select Committee on 

Intelligence of the House of Representatives, the Select Committee on 

Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the 

Subcommittee on Defense of the Committee on Appropriations of the 

Senate. 


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

incremental contingency operations costs for Operation New Dawn 

and Operation Enduring Freedom on a monthly basis in the Cost 

of War Execution Report as prescribed in the Department of Defense 

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

Annex 1, dated September 2005. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8097. During the current fiscal year, not to exceed 

$11,000,000 from each of the appropriations made in title II of this 

Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ may 

be transferred by the military department concerned to its central 

fund established for Fisher Houses and Suites pursuant to section 

2493(d) of title 10, United States Code. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8098. Of the funds appropriated in the Intelligence Community Management Account for the Program Manager for the Information Sharing Environment, $20,000,000 is available for transfer by the Director of National Intelligence to other departments and 

agencies for purposes of Government-wide information sharing activities: Provided, That funds transferred under this provision are 

to be merged with and available for the same purposes and time period as the appropriation to which transferred: Provided further, 

That the Office of Management and Budget must approve any 

transfers made under this provision. 

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

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

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

States Code. 

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

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

website of that agency any report required to be submitted by the 

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

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

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

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

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

after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 

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

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

agrees not to— 

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

independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil 

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


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

negligent hiring, supervision, or retention; or 

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

agreement with an employee or independent contractor that 

mandates that the employee or independent contractor resolve 

through arbitration any claim under title VII of the Civil 

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

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

negligent hiring, supervision, or retention. 

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

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

contractor certifies that it requires each covered subcontractor to 

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

provision of, any agreement as described in paragraphs (1) and (2) 

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

of this subsection, a ‘‘covered subcontractor’’ is an entity that has a 

subcontract in excess of $1,000,000 on a contract subject to subsection (a). 

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

a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the 

United States. 

(d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the 

purposes of a particular contract or subcontract if the Secretary or 

the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United 

States, and that the term of the contract or subcontract is not longer 

than necessary to avoid such harm. The determination shall set 

forth with specificity the grounds for the waiver and for the contract 

or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative 

would not avoid harm to national security interests of the United 

States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection 

not less than 15 business days before the contract or subcontract addressed in the determination may be awarded. 

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

essential business management information technology system that 

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

shall be considered to be registered with that officer upon the furnishing notice of the system, together with such information concerning the system as the Director of the Business Transformation 

Office may prescribe. 

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

expended for a financial management automated information system, a mixed information system supporting financial and non-financial systems, or a business system improvement of more than 

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

of the Business Transformation Investment Review Board. 


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

systems or programmatic or analytic system improvements. 

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

may be distributed to the Association of Community Organizations 

for Reform Now (ACORN) or its subsidiaries. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8104. From within the funds appropriated for operation 

and maintenance for the Defense Health Program in this Act, up to 

$135,631,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility 

Demonstration Fund in accordance with the provisions of section 

1704 of the National Defense Authorization Act for Fiscal Year 

2010, Public Law 111–84: Provided, That for purposes of section 

1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the 

Navy Ambulatory Care Center, and supporting facilities designated 

as a combined Federal medical facility as described by section 706 

of Public Law 110–417: Provided further, That additional funds 

may be transferred from funds appropriated for operation and 

maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility 

Demonstration Fund upon written notification by the Secretary of 

Defense to the Committees on Appropriations of the House of Representatives and the Senate. 

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

Act, 2009 (Public Law 111–32; 124 Stat. 1871), as amended by Public Law 112–10, is amended by striking ‘‘2 years’’ both places it appears and inserting ‘‘3 years’’. 

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

shall not employ more Senior Executive employees than are specified 

in the classified annex: Provided, That not later than 90 days after 

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

submit to the congressional intelligence committees the Office of the 

Director of National Intelligence strategic human capital plan and 

the Office of Director of National Intelligence current and future 

grade structure, to include General Schedule 15 positions. 

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

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

general or flag officer to serve as a senior mentor advising the Department of Defense unless such retired officer files a Standard 

Form 278 (or successor form concerning public financial disclosure 

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

of Government Ethics. 

SEC. 8108. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $250,000 per vehicle, notwithstanding price 

or other limitations applicable to the purchase of passenger carrying 

vehicles. 

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

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

causes in the Department of Defense Military Personnel accounts. 

Based on the findings of the review, the Inspector General shall subVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00050 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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mit to the congressional defense committees a report containing the 

results of the review and recommendations for corrective actions to 

be implemented. 

SEC. 8110. Of the amounts appropriated for ‘‘Operation and Maintenance, Defense-Wide’’, $33,000,000 shall be available to the 

Secretary of Defense, notwithstanding any other provision of law, 

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

and supplement other Federal funds, to remain available until expended, to assist the civilian population of Guam in response to the 

military buildup of Guam, to include addressing the need for vehicles and supplies for civilian student transportation, preservation 

and repository of artifacts unearthed during military construction, 

and construction of a mental health and substance abuse facility: 

Provided, That the Secretary of Defense shall, not fewer than 15 

days prior to obligating funds for this purpose, notify the congressional defense committees in writing of the details of any such obligation. 

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

be used by the Secretary of Defense to take beneficial occupancy of 

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

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

limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the 

vicinity of the project have not experienced failing levels of service 

as defined by the Transportation Research Board Highway Capacity 

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

number of additional parking spaces that may be made available 

to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this 

waiver of the number of additional parking spaces to be made available: Provided further, That the Secretary of Defense shall implement the Department of Defense Inspector General recommendations 

outlined in report number DODIG–2012–024, and certify to Congress not later than 180 days after enactment of this Act that the 

recommendations have been implemented. 

SEC. 8112. (a) None of the funds provided in this title for Operation and Maintenance may be available for obligation or expenditure to relocate Air Force program offices, or acquisition management functions of major weapons systems, to a central location, or 

to any location other than the Air Force Material Command site 

where they are currently located until 30 days after the Secretary 

of the Air Force submits the initial report under subsection (b). 

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

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

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

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

and the cost benefit analysis and the life-cycle cost analysis underpinning the Secretary of the Air Force’s decision to relocate Air 

Force Material Command functions and personnel. 


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SEC. 8113. Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall resume quarterly reporting of the numbers of civilian personnel end strength by appropriation account for each and every appropriation account used to 

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

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

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

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

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

for the Secretary of the Army to conduct research on alternative energy resources for deployed forces. 

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

the Congressional Defense Committees the feasibility of using commercially available telecommunications expense management solutions across the Department of Defense by March 1, 2012. 

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

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

to undertake or implement the separation of the National Intelligence Program budget from the Department of Defense budget. 

(INCLUDING TRANSFER OF FUNDS)

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

Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $2,000,000,000 of the funds 

made available in this Act for the National Intelligence Program: 

Provided, That such authority to transfer may not be used unless 

for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case 

where the item for which funds are requested has been denied by 

the Congress: Provided further, That a request for multiple 

reprogrammings of funds using authority provided in this section 

shall be made prior to June 30, 2012. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8118. In addition to amounts provided elsewhere in this 

Act, there is appropriated $250,000,000, for an additional amount 

for ‘‘Operation and Maintenance, Defense-Wide’’, to be available 

until expended: Provided, That such funds shall only be available 

to the Secretary of Defense, acting through the Office of Economic 

Adjustment of the Department of Defense, or for transfer to the Secretary of Education, notwithstanding any other provision of law, to 

make grants, conclude cooperative agreements, or supplement other 

Federal funds to construct, renovate, repair, or expand elementary 

and secondary public schools on military installations in order to 

address capacity or facility condition deficiencies at such schools: 

Provided further, That in making such funds available, the Office 

of Economic Adjustment or the Secretary of Education shall give 

priority consideration to those military installations with schools 

having the most serious capacity or facility condition deficiencies as 

determined by the Secretary of Defense. 

SEC. 8119. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 


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or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

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

Forces of the United States; and 

(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 8120. (a)(1) Except as provided in paragraph (2) and subsection (d), none of the funds appropriated or otherwise made available in this or any other Act may be used to transfer any individual 

detained at Guantanamo to the custody or control of the individual’s country of origin, any other foreign country, or any other foreign entity unless the Secretary of Defense submits to Congress the 

certification described in subsection (b) not later than 30 days before 

the transfer of the individual. 

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

Secretary to transfer any individual detained at Guantanamo to effectuate— 

(A) an order affecting the disposition of the individual that 

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

having lawful jurisdiction (which the Secretary shall notify 

Congress of promptly after issuance); or 

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

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

(b) A certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of 

the Secretary of State and in consultation with the Director of National Intelligence, that— 

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

leadership of the foreign entity to which the individual detained 

at Guantanamo is to be transferred— 

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

designated foreign terrorist organization; 

(B) maintains control over each detention facility in 

which the individual is to be detained if the individual is 

to be housed in a detention facility; 

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

threat that is likely to substantially affect its ability to exercise control over the individual; 

(D) has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the 

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

(E) has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that 

the individual cannot engage or reengage in any terrorist 

activity; and 

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

(i) is related to the individual or any associates of 

the individual; and 

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

its citizens, or its allies; and 

(2) includes an assessment, in classified or unclassified 

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ble) of the foreign country or entity in relation to the Secretary’s 

certifications. 

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

none of the funds appropriated or otherwise made available in this 

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

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

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

there is a confirmed case of any individual who was detained at 

United States Naval Station, Guantanamo Bay, Cuba, at any time 

after September 11, 2001, who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity. 

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

Secretary to transfer any individual detained at Guantanamo to effectuate— 

(A) an order affecting the disposition of the individual that 

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

having lawful jurisdiction (which the Secretary shall notify 

Congress of promptly after issuance); or 

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

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

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

a detainee transfer of a certification requirement specified in subparagraph (D) or (E) of subsection (b)(1) or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required 

by subsection (b) for transfers prohibited by (c) and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, determines that— 

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

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

subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely 

eliminated, but the actions to be taken under subparagraph (A) 

will substantially mitigate such risks with regard to the individual to be transferred; 

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

has considered any confirmed case in which an individual who 

was transferred to the country subsequently engaged in terrorist 

activity, and the actions to be taken under subparagraph (A) 

will substantially mitigate the risk of recidivism with regard to 

the individual to be transferred; and 

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

United States. 

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

of Congress, not later than 30 days before the transfer of the individual concerned, the following: 

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

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

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

security interests of the United States; and 

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

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


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certify that the risks addressed in the subparagraph to be 

waived have been completely eliminated. 

(C) A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the subparagraph or subsection to be waived. 

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

(e) In this section: 

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

(A) the Committee on Armed Services, the Committee 

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

(B) the Committee on Armed Services, the Committee 

on Appropriations, and the Permanent Select Committee on 

Intelligence of the House of Representatives. 

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

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

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

of the Armed Forces of the United States; and 

(B) is— 

(i) in the custody or under the control of the Department of Defense; or 

(ii) otherwise under detention at United States 

Naval Station, Guantanamo Bay, Cuba. 

(3) The term ‘‘foreign terrorist organization’’ means any organization so designated by the Secretary of State under section 

219 of the Immigration and Nationality Act (8 U.S.C. 1189). 

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

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

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

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

for the purposes of detention or imprisonment in the custody or 

under the effective control of the Department of Defense. 

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

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

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

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

Guantanamo Bay, Cuba, and who— 

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

Armed Forces of the United States; and 

(2) is— 

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

Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

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

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

II, $1,000,000 may be available to the Department to competitively 

commission an independent assessment of the current and prospective situation on the ground in Afghanistan and Pakistan, including 

the strategic environment in and around Afghanistan and Pakistan; 

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

relating thereto. 


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SEC. 8123. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the approximately 

$100,000,000,000 in efficiency savings identified by the military departments in the defense budget covering fiscal years 2012 through 

2016 that are to be reinvested in the priorities of the military departments. Such report shall include an analysis of— 

(1) each savings identified by the military departments, including— 

(A) the budget account from which such savings will be 

derived; 

(B) the number of military personnel and full-time civilian employees of the Federal Government affected by 

such savings; 

(C) the estimated reductions in the number and funding of contractor personnel caused by such savings; and 

(D) a specific description of activities or services that 

will be affected by such savings, including the locations of 

such activities or services; and 

(2) each reinvestment planned to be funded with such savings, including— 

(A) with respect to such reinvestment in procurement 

and research, development, test and evaluation accounts, 

the budget account to which such savings will be reinvested, including, by line item, the number of items to be 

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

(B) with respect to such reinvestment in military personnel and operation and maintenance accounts, the budget account and the subactivity (as shown in annual–1 and 

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

(C) the number of military personnel and full-time civilian employees of the Federal Government affected by 

such reinvestment; 

(D) the estimated number and funding of contractor 

personnel affected by such reinvestment; and 

(E) a specific description of activities or services that 

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

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

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

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

loan guarantee to, any corporation that any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not 

being paid in a timely manner pursuant to an agreement with the 

authority responsible for collecting the tax liability, where the 

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

agency has considered suspension or debarment of the corporation 

and made a determination that this further action is not necessary 

to protect the interests of the Government. 

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

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

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

loan guarantee to, any corporation that was convicted of a felony 


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criminal violation under any Federal law within the preceding 24 

months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not 

necessary to protect the interests of the Government. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 8126. There is hereby established in the Treasury of the 

United States the ‘‘Military Intelligence Program Transfer Fund’’. In 

addition to amounts provided elsewhere in this Act, there is appropriated $310,758,000 for the ‘‘Military Intelligence Program Transfer Fund’’: Provided, That of the funds made available in this section, the Secretary of Defense may transfer these funds only to ‘‘Operation and Maintenance, Defense-Wide’’ or ‘‘Research, Development, 

Test and Evaluation, Defense-Wide’’ and only for the purposes described in the classified annex accompanying this Act: Provided further, That the Secretary shall notify the congressional defense committees in writing of the details of any such transfer not fewer than 

15 days prior to making such transfers: Provided further, That 

funds transferred shall be merged with and be available for the 

same purposes and for the same time period as the appropriations 

to which the funds are transferred: Provided further, That this 

transfer authority is in addition to any other transfer authority provided in this Act. 

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

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

States Code, or in contravention of the requirements of section 

106(g) or (h) of the Trafficking Victims Protection Act of 2000 (22 

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

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

international military education and training, foreign military financing, excess defense articles, assistance under section 1206 of the 

National Defense Authorization Act for Fiscal Year 2006 (Public 

Law 109–163; 119 Stat. 3456), issuance for direct commercial sales 

of military equipment, or peacekeeping operations for the countries 

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

Congo, and Burma may be used to support any military training or 

operations that include child soldiers, as defined by the Child Soldiers Prevention Act of 2008, and except if such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention 

Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1). 

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

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

1541 et seq.). 

TITLE IX 

OVERSEAS CONTINGENCY OPERATIONS 

MILITARY PERSONNEL 

MILITARY PERSONNEL, ARMY

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

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

designated by the Congress for Overseas Contingency Operations/ 


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

Balanced Budget and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, NAVY

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

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

designated by the Congress for Overseas Contingency Operations/ 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

MILITARY PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Military Personnel, Marine 

Corps’’, $714,360,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

MILITARY PERSONNEL, AIR FORCE

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

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

designated by the Congress for Overseas Contingency Operations/ 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, ARMY

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

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

designated by the Congress for Overseas Contingency Operations/ 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, NAVY

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

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

designated by the Congress for Overseas Contingency Operations/ 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

RESERVE PERSONNEL, MARINE CORPS

For an additional amount for ‘‘Reserve Personnel, Marine 

Corps’’, $25,421,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

RESERVE PERSONNEL, AIR FORCE

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

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

designated by the Congress for Overseas Contingency Operations/ 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 


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NATIONAL GUARD PERSONNEL, ARMY

For an additional amount for ‘‘National Guard Personnel, 

Army’’, $664,579,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

NATIONAL GUARD PERSONNEL, AIR FORCE

For an additional amount for ‘‘National Guard Personnel, Air 

Force’’, $9,435,000: Provided, That such amounts in this paragraph 

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

the Balanced Budget and Emergency Deficit Control Act of 1985. 

OPERATION AND MAINTENANCE 

OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Operation and Maintenance, 

Army’’, $44,794,156,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

OPERATION AND MAINTENANCE, NAVY

For an additional amount for ‘‘Operation and Maintenance, 

Navy’’, $7,674,026,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

OPERATION AND MAINTENANCE, MARINE CORPS

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps’’, $3,935,210,000: Provided, That such amounts in 

this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $10,879,347,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $9,252,211,000: Provided, That each amount in this 

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

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

Provided further, That of the funds provided under this heading: 


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Not to exceed $1,690,000,000, to remain available until September 

30, 2013, for payments to reimburse key cooperating nations for 

logistical, military, and other support, including access, provided to 

United States military operations in support of Operation Enduring 

Freedom, Operation New Dawn, and post-operation Iraq border security related to the activities of the Office of Security Cooperation 

in Iraq, notwithstanding any other provision of law: Provided further, That such reimbursement payments may be made in such 

amounts as the Secretary of Defense, with the concurrence of the 

Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, in his discretion, 

based on documentation determined by the Secretary of Defense to 

adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the 

United States, and 15 days following notification to the appropriate 

congressional committees: Provided further, That the requirement to 

provide notification shall not apply with respect to a reimbursement 

for access based on an international agreement: Provided further, 

That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and 

providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military 

operations in Afghanistan, and 15 days following notification to the 

appropriate congressional committees: Provided further, That the 

Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph. 

OPERATION AND MAINTENANCE, ARMY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Army Reserve’’, $217,500,000: Provided, That such amounts in this 

paragraph are designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

OPERATION AND MAINTENANCE, NAVY RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Navy Reserve’’, $74,148,000: Provided, That such amounts in this 

paragraph are designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For an additional amount for ‘‘Operation and Maintenance, 

Marine Corps Reserve’’, $36,084,000: Provided, That such amounts 

in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 


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OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For an additional amount for ‘‘Operation and Maintenance, Air 

Force Reserve’’, $142,050,000: Provided, That such amounts in this 

paragraph are designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, 

Army National Guard’’, $377,544,000: Provided, That such amounts 

in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For an additional amount for ‘‘Operation and Maintenance, Air 

National Guard’’, $34,050,000: Provided, That such amounts in this 

paragraph are designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

AFGHANISTAN INFRASTRUCTURE FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Afghanistan Infrastructure Fund’’, $400,000,000, to remain available until September 30, 2013: Provided, That such sums 

shall be available for infrastructure projects in Afghanistan, notwithstanding any other provision of law, which shall be undertaken 

by the Secretary of State, unless the Secretary of State and the Secretary of Defense jointly decide that a specific project will be undertaken by the Department of Defense: Provided further, That the infrastructure referred to in the preceding proviso is in support of the 

counterinsurgency strategy, requiring funding for facility and infrastructure projects, including, but not limited to, water, power, and 

transportation projects and related maintenance and sustainment 

costs: Provided further, That the authority to undertake such infrastructure projects is in addition to any other authority to provide assistance to foreign nations: Provided further, That any projects 

funded by this appropriation shall be jointly formulated and concurred in by the Secretary of State and Secretary of Defense: Provided further, That funds may be transferred to the Department of 

State for purposes of undertaking projects, which funds shall be 

considered to be economic assistance under the Foreign Assistance 

Act of 1961 for purposes of making available the administrative authorities contained in that Act: Provided further, That the transfer 

authority in the preceding proviso is in addition to any other authority available to the Department of Defense to transfer funds: 

Provided further, That any unexpended funds transferred to the 

Secretary of State under this authority shall be returned to the Afghanistan Infrastructure Fund if the Secretary of State, in coordiVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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nation with the Secretary of Defense, determines that the project 

cannot be implemented for any reason, or that the project no longer 

supports the counterinsurgency strategy in Afghanistan: Provided 

further, That any funds returned to the Secretary of Defense under 

the previous proviso shall be available for use under this appropriation and shall be treated in the same manner as funds not transferred to the Secretary of State: Provided further, That contributions 

of funds for the purposes provided herein to the Secretary of State 

in accordance with section 635(d) of the Foreign Assistance Act from 

any person, foreign government, or international organization may 

be credited to this Fund, to remain available until expended, and 

used for such purposes: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to making transfers to or 

from, or obligations from the Fund, notify the appropriate committees of Congress in writing of the details of any such transfer: Provided further, That the ‘‘appropriate committees of Congress’’ are the 

Committees on Armed Services, Foreign Relations and Appropriations of the Senate and the Committees on Armed Services, Foreign 

Affairs and Appropriations of the House of Representatives: Provided further, That such amounts in this paragraph are designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

AFGHANISTAN SECURITY FORCES FUND

For the ‘‘Afghanistan Security Forces Fund’’, $11,200,000,000, 

to remain available until September 30, 2013: Provided, That such 

funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the 

Commander, Combined Security Transition Command—Afghanistan, or the Secretary’s designee, to provide assistance, with the concurrence of the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, and construction, 

and funding: Provided further, That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to 

this Fund and used for such purposes: Provided further, That the 

Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received 

and the specific use of such contributions: Provided further, That 

the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation: 

Provided further, That the Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfer of funds between budget sub-activity groups in excess of 

$20,000,000: Provided further, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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


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PROCUREMENT 

AIRCRAFT PROCUREMENT, ARMY

For an additional amount for ‘‘Aircraft Procurement, Army’’, 

$1,137,381,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

MISSILE PROCUREMENT, ARMY

For an additional amount for ‘‘Missile Procurement, Army’’, 

$126,556,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 

ARMY

For an additional amount for ‘‘Procurement of Weapons and 

Tracked Combat Vehicles, Army’’, $37,117,000, to remain available 

until September 30, 2014: Provided, That such amounts in this 

paragraph are designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

PROCUREMENT OF AMMUNITION, ARMY

For an additional amount for ‘‘Procurement of Ammunition, 

Army’’, $208,381,000, to remain available until September 30, 2014: 

Provided, That such amounts in this paragraph are designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, ARMY

For an additional amount for ‘‘Other Procurement, Army’’, 

$1,334,345,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

AIRCRAFT PROCUREMENT, NAVY

For an additional amount for ‘‘Aircraft Procurement, Navy’’, 

$480,935,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 


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WEAPONS PROCUREMENT, NAVY

For an additional amount for ‘‘Weapons Procurement, Navy’’, 

$41,070,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Procurement of Ammunition, Navy and Marine Corps’’, $317,100,000, to remain available until 

September 30, 2014: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

OTHER PROCUREMENT, NAVY

For an additional amount for ‘‘Other Procurement, Navy’’, 

$236,125,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

PROCUREMENT, MARINE CORPS

For an additional amount for ‘‘Procurement, Marine Corps’’, 

$1,233,996,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

AIRCRAFT PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Aircraft Procurement, Air 

Force’’, $1,235,777,000, to remain available until September 30, 

2014: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

MISSILE PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Missile Procurement, Air Force’’, 

$41,220,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

PROCUREMENT OF AMMUNITION, AIR FORCE

For an additional amount for ‘‘Procurement of Ammunition, Air 

Force’’, $109,010,000, to remain available until September 30, 2014: 

Provided, That such amounts in this paragraph are designated by 


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the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’, $3,088,510,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

PROCUREMENT, DEFENSE-WIDE

For an additional amount for ‘‘Procurement, Defense-Wide’’, $405,768,000, to remain available until September 30, 2014: Provided, That such amounts in this paragraph are designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles, 

ammunition, other weapons and other procurement for the reserve 

components of the Armed Forces, $1,000,000,000, to remain available for obligation until September 30, 2014: Provided, That the 

Chiefs of National Guard and Reserve components shall, not later 

than 30 days after the enactment of this Act, individually submit 

to the congressional defense committees the modernization priority 

assessment for their respective National Guard or Reserve component: Provided further, That such amounts in this paragraph are 

designated by the Congress for Overseas Contingency Operations/ 

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

Balanced Budget and Emergency Deficit Control Act of 1985. 

MINE RESISTANT AMBUSH PROTECTED VEHICLE FUND

(INCLUDING TRANSFER OF FUNDS)

For the Mine Resistant Ambush Protected Vehicle Fund, 

$2,600,170,000, to remain available until September 30, 2013: Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, to procure, sustain, transport, and field Mine Resistant Ambush Protected vehicles: 

Provided further, That the Secretary shall transfer such funds only 

to appropriations made available in this or any other Act for operation and maintenance; procurement; research, development, test 

and evaluation; and defense working capital funds to accomplish 

the purpose provided herein: Provided further, That such transferred funds shall be merged with and be available for the same 

purposes and the same time period as the appropriation to which 

transferred: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department 

of Defense: Provided further, That the Secretary shall, not fewer 

than 10 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of 


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any such transfer: Provided further, That such amounts in this 

paragraph are designated by the Congress for Overseas Contingency 

Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Army’’, $18,513,000, to remain available until September 30, 2013: Provided, That such amounts in this paragraph 

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

the Balanced Budget and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Navy’’, $53,884,000, to remain available until September 30, 2013: Provided, That such amounts in this paragraph 

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

the Balanced Budget and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Air Force’’, $259,600,000, to remain available until September 30, 2013: Provided, That such amounts in this paragraph 

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

the Balanced Budget and Emergency Deficit Control Act of 1985. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For an additional amount for ‘‘Research, Development, Test and 

Evaluation, Defense-Wide’’, $194,361,000, to remain available until 

September 30, 2013: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

REVOLVING AND MANAGEMENT FUNDS 

DEFENSE WORKING CAPITAL FUNDS

For an additional amount for ‘‘Defense Working Capital 

Funds’’, $435,013,000: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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


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OTHER DEPARTMENT OF DEFENSE PROGRAMS 

DEFENSE HEALTH PROGRAM

For an additional amount for ‘‘Defense Health Program’’, 

$1,228,288,000, which shall be for operation and maintenance, to 

remain available until September 30, 2012: Provided, That such 

amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $456,458,000, to remain available until 

September 30, 2013: Provided, That such amounts in this paragraph are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) 

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

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

(INCLUDING TRANSFER OF FUNDS)

For the ‘‘Joint Improvised Explosive Device Defeat Fund’’, 

$2,441,984,000, to remain available until September 30, 2014: Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose 

of allowing the Director of the Joint Improvised Explosive Device 

Defeat Organization to investigate, develop and provide equipment, 

supplies, services, training, facilities, personnel and funds to assist 

United States forces in the defeat of improvised explosive devices: 

Provided further, That the Secretary of Defense may transfer funds 

provided herein to appropriations for military personnel; operation 

and maintenance; procurement; research, development, test and 

evaluation; and defense working capital funds to accomplish the 

purpose provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the 

Department of Defense: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to making transfers from 

this appropriation, notify the congressional defense committees in 

writing of the details of any such transfer: Provided further, That 

such amounts in this paragraph are designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

OFFICE OF THE INSPECTOR GENERAL

For an additional amount for the ‘‘Office of the Inspector General’’, $11,055,000: Provided, That such amounts in this paragraph 

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

the Balanced Budget and Emergency Deficit Control Act of 1985. 


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GENERAL PROVISIONS—THIS TITLE 

SEC. 9001. Notwithstanding any other provision of law, funds 

made available in this title are in addition to amounts appropriated 

or otherwise made available for the Department of Defense for fiscal 

year 2012. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 9002. Upon the determination of the Secretary of Defense 

that such action is necessary in the national interest, the Secretary 

may, with the approval of the Office of Management and Budget, 

transfer up to $4,000,000,000 between the appropriations or funds 

made available to the Department of Defense in this title: Provided, 

That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided further, 

That the authority provided in this section is in addition to any 

other transfer authority available to the Department of Defense and 

is subject to the same terms and conditions as the authority provided in the Department of Defense Appropriations Act, 2012. 

SEC. 9003. Supervision and administration costs associated 

with a construction project funded with appropriations available for 

operation and maintenance, ‘‘Afghanistan Infrastructure Fund’’, or 

the ‘‘Afghanistan Security Forces Fund’’ provided in this Act and executed in direct support of overseas contingency operations in Afghanistan, may be obligated at the time a construction contract is 

awarded: Provided, That for the purpose of this section, supervision 

and administration costs include all in-house Government costs. 

SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the U.S. Central Command 

area of responsibility: (a) passenger motor vehicles up to a limit of 

$75,000 per vehicle; and (b) heavy and light armored vehicles for 

the physical security of personnel or for force protection purposes up 

to a limit of $250,000 per vehicle, notwithstanding price or other 

limitations applicable to the purchase of passenger carrying vehicles. 

SEC. 9005. Not to exceed $400,000,000 of the amount appropriated in this title under the heading ‘‘Operation and Maintenance, 

Army’’ may be used, notwithstanding any other provision of law, to 

fund the Commander’s Emergency Response Program (CERP), for 

the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction 

requirements within their areas of responsibility: Provided, That 

each project (including any ancillary or related elements in connection with such project) executed under this authority shall not exceed $20,000,000: Provided further, That not later than 45 days 

after the end of each fiscal year quarter, the Secretary of Defense 

shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds 

during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law 

for the purposes described herein: Provided further, That, not later 

than 30 days after the end of each month, the Army shall submit 

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sponse Program in Afghanistan: Provided further, That not less 

than 15 days before making funds available pursuant to the authority provided in this section or under any other provision of law for 

the purposes described herein for a project with a total anticipated 

cost for completion of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing each of the following: 

(1) The location, nature and purpose of the proposed 

project, including how the project is intended to advance the 

military campaign plan for the country in which it is to be carried out. 

(2) The budget, implementation timeline with milestones, 

and completion date for the proposed project, including any 

other CERP funding that has been or is anticipated to be contributed to the completion of the project. 

(3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non-Department of Defense agency of the United States Government or 

a third-party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be 

provided through the proposed project. 

SEC. 9006. Funds available to the Department of Defense for 

operation and maintenance may be used, notwithstanding any other 

provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition 

forces supporting military and stability operations in Iraq and Afghanistan: Provided, That the Secretary of Defense shall provide 

quarterly reports to the congressional defense committees regarding 

support provided under this section. 

SEC. 9007. None of the funds appropriated or otherwise made 

available by this or any other Act shall be obligated or expended by 

the United States Government for a purpose as follows: 

(1) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Iraq. 

(2) To exercise United States control over any oil resource 

of Iraq. 

(3) To establish any military installation or base for the 

purpose of providing for the permanent stationing of United 

States Armed Forces in Afghanistan. 

SEC. 9008. None of the funds made available in this Act may 

be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention 

Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984): 

(1) Section 2340A of title 18, United States Code. 

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 Stat. 

2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations. 

(3) Sections 1002 and 1003 of the Department of Defense, 

Emergency Supplemental Appropriations to Address Hurricanes 


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in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109–148). 

SEC. 9009. None of the funds provided for the ‘‘Afghanistan Security Forces Fund’’ (ASFF) may be obligated prior to the approval 

of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense: Provided, That 

the AROC must approve the requirement and acquisition plan for 

any service requirements in excess of $50,000,000 annually and any 

non-standard equipment requirements in excess of $100,000,000 

using ASFF: Provided further, That the AROC must approve all 

projects and the execution plan under the ‘‘Afghanistan Infrastructure Fund’’ (AIF) and any project in excess of $5,000,000 from the 

Commanders Emergency Response Program (CERP): Provided further, That the Department of Defense must certify to the congressional defense committees that the AROC has convened and approved a process for ensuring compliance with the requirements in 

the preceding provisos and accompanying report language for the 

ASFF, AIF, and CERP. 

SEC. 9010. (a) FUNDING FOR OUTREACH AND REINTEGRATION

SERVICES UNDER YELLOW RIBBON REINTEGRATION PROGRAM.—Of 

the amounts appropriated or otherwise made available by title IX, 

up to $20,000,000 may be available for outreach and reintegration 

services under the Yellow Ribbon Reintegration Program under section 582(h) of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110–181; 122 Stat. 125; 10 U.S.C. 10101 

note). 

(b) SUPPLEMENT NOT SUPPLANT.—The amount made available 

by subsection (a) for the services described in that subsection is in 

addition to any other amounts available in this Act for such services. 

SEC. 9011. Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than 

$250,000: Provided, That, upon determination by the Secretary of 

Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in 

contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than 

$500,000. 

SEC. 9012. Notwithstanding any other provision of law, up to 

$150,000,000 of funds made available in this title under the heading ‘‘Operation and Maintenance, Army’’ may be obligated and expended for purposes of the Task Force for Business and Stability 

Operations, subject to the direction and control of the Secretary of 

Defense, with concurrence of the Secretary of State, to carry out 

strategic business and economic assistance activities in Afghanistan 

in support of Operation Enduring Freedom: Provided, That not less 

than 15 days before making funds available pursuant to the authority provided in this section for any project with a total anticipated 

cost of $5,000,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing a detailed 

justification and timeline for each proposed project. 

SEC. 9013. From funds made available to the Department of 

Defense in this title under the heading ‘‘Operation and Maintenance, Air Force’’ up to $524,000,000 may be used by the Secretary 


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of Defense, notwithstanding any other provision of law, to support 

United States Government transition activities in Iraq by funding 

the operations and activities of the Office of Security Cooperation in 

Iraq and security assistance teams, including life support, transportation and personal security, and facilities renovation and construction: Provided, That not less than 15 days before making funds 

available pursuant to the authority provided in this section, the Secretary shall submit to the congressional defense committees a written notice containing a detailed justification and timeline for each 

proposed site. 

SEC. 9014. The amounts appropriated in title IX of this Act are hereby reduced by $4,042,500,000 to reflect reduced troop strength 

in theater: Provided, That the reductions shall be applied to the 

military personnel and operation and maintenance appropriations 

only: Provided further, That the Secretary of Defense shall, not 

fewer than 15 days prior to reducing funds for this purpose, notify 

the congressional defense committees in writing of the details of any 

such reduction by appropriation and budget line item. 

SEC. 9015. Of the funds appropriated in Department of Defense 

Appropriations Acts, the following funds are hereby rescinded from 

the following accounts and programs in the specified amounts: Provided, That such amounts are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985: 

‘‘Overseas Contingency Operations Transfer Fund, 2010’’, $356,810,000; 

‘‘Procurement of Ammunition, Army, 2010/2012’’, $21,000,000; 

‘‘Other Procurement, Air Force, 2010/2012’’, $2,250,000. 

This division may be cited as the ‘‘Department of Defense 

Appropriations Act, 2012’’. 

DIVISION B—ENERGY AND WATER DEVELOPMENT 

APPROPRIATIONS ACT, 2012 

TITLE I 

CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief 

of Engineers for authorized civil functions of the Department of the 

Army pertaining to river and harbor, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related 

efforts. 

INVESTIGATIONS

For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed studVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00071 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ies, and plans and specifications of proposed river and harbor, flood 

and storm damage reduction, shore protection, and aquatic ecosystem restoration projects and related efforts prior to construction; 

for restudy of authorized projects; and for miscellaneous investigations and, when authorized by law, surveys and detailed studies, 

and plans and specifications of projects prior to construction, 

$125,000,000, to remain available until expended. 

CONSTRUCTION

For expenses necessary for the construction of river and harbor, 

flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for conducting detailed studies, and plans and specifications, of such 

projects (including those involving participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such detailed studies, and plans and specifications, 

shall not constitute a commitment of the Government to construction); $1,694,000,000, to remain available until expended; of which 

such sums as are necessary to cover the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust 

Fund as authorized by Public Law 104–303; and of which such 

sums as are necessary to cover one-half of the costs of construction, 

replacement, rehabilitation, and expansion of inland waterways 

projects (including only Olmsted Lock and Dam, Ohio River, Illinois 

and Kentucky; Emsworth Locks and Dam, Ohio River, Pennsylvania; Lock and Dams 2, 3, and 4, Monongahela River, Pennsylvania; and Lock and Dam 27, Mississippi River, Illinois) shall be 

derived from the Inland Waterways Trust Fund. 

MISSISSIPPI RIVER AND TRIBUTARIES

For expenses necessary for flood damage reduction projects and 

related efforts in the Mississippi River alluvial valley below Cape 

Girardeau, Missouri, as authorized by law, $252,000,000, to remain 

available until expended, of which such sums as are necessary to 

cover the Federal share of eligible operation and maintenance costs 

for inland harbors shall be derived from the Harbor Maintenance 

Trust Fund. 

OPERATION AND MAINTENANCE

For expenses necessary for the operation, maintenance, and care 

of existing river and harbor, flood and storm damage reduction, 

aquatic ecosystem restoration, and related projects authorized by 

law; providing security for infrastructure owned or operated by the 

Corps, including administrative buildings and laboratories; maintaining harbor channels provided by a State, municipality, or other 

public agency that serve essential navigation needs of general commerce, where authorized by law; surveying and charting northern 

and northwestern lakes and connecting waters; clearing and 

straightening channels; and removing obstructions to navigation, 

$2,412,000,000, to remain available until expended, of which such 

sums as are necessary to cover the Federal share of eligible operation and maintenance costs for coastal harbors and channels, and 

for inland harbors shall be derived from the Harbor Maintenance 


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Trust Fund; of which such sums as become available from the special account for the Corps of Engineers established by the Land and 

Water Conservation Fund Act of 1965 (16 U.S.C. 460l–6a(i)) shall 

be derived from that account for resource protection, research, interpretation, and maintenance activities related to resource protection 

in the areas at which outdoor recreation is available; and of which 

such sums as become available from fees collected under section 217 

of Public Law 104–303 shall be used to cover the cost of operation 

and maintenance of the dredged material disposal facilities for 

which such fees have been collected: Provided, That 1 percent of the 

total amount of funds provided for each of the programs, projects 

or activities funded under this heading shall not be allocated to a 

field operating activity prior to the beginning of the fourth quarter 

of the fiscal year and shall be available for use by the Chief of Engineers to fund such emergency activities as the Chief of Engineers determines to be necessary and appropriate, and that the Chief of Engineers shall allocate during the fourth quarter any remaining 

funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, 

projects or activities. 

REGULATORY PROGRAM

For expenses necessary for administration of laws pertaining to 

regulation of navigable waters and wetlands, $193,000,000, to remain available until September 30, 2013. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

For expenses necessary to clean up contamination from sites in 

the United States resulting from work performed as part of the Nation’s early atomic energy program, $109,000,000, to remain available until expended. 

FLOOD CONTROL AND COASTAL EMERGENCIES

For expenses necessary to prepare for flood, hurricane, and 

other natural disasters and support emergency operations, repairs, 

and other activities in response to such disasters as authorized by 

law, $27,000,000, to remain available until expended. 

EXPENSES

For expenses necessary for the supervision and general administration of the civil works program in the headquarters of the Corps 

of Engineers and the offices of the Division Engineers; and for costs 

of management and operation of the Humphreys Engineer Center 

Support Activity, the Institute for Water Resources, the United 

States Army Engineer Research and Development Center, and the 

United States Army Corps of Engineers Finance Center allocable to 

the civil works program, $185,000,000, to remain available until 

September 30, 2013, of which not to exceed $5,000 may be used for 

official reception and representation purposes and only during the 

current fiscal year: Provided, That no part of any other appropriation provided in title I of this Act shall be available to fund the civil 

works activities of the Office of the Chief of Engineers or the civil 

works executive direction and management activities of the division 


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offices: Provided further, That any Flood Control and Coastal 

Emergencies appropriation may be used to fund the supervision and 

general administration of emergency operations, repairs, and other 

activities in response to any flood, hurricane, or other natural disaster. 

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL

WORKS

For the Office of the Assistant Secretary of the Army for Civil 

Works as authorized by 10 U.S.C. 3016(b)(3), $5,000,000, to remain 

available until September 30, 2013. 

ADMINISTRATIVE PROVISION

The Revolving Fund, Corps of Engineers, shall be available 

during the current fiscal year for purchase (not to exceed 100 for replacement only) and hire of passenger motor vehicles for the civil 

works program. 

GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

(INCLUDING TRANSFERS OF FUNDS)

SEC. 101. (a) None of the funds provided in title I of this Act, 

or provided by previous appropriations Acts to the agencies or entities funded in title I of this Act that remain available for obligation 

or expenditure in fiscal year 2012, shall be available for obligation 

or expenditure through a reprogramming of funds that: 

(1) creates or initiates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel for any program, project, 

or activity for which funds have been denied or restricted by 

this Act, unless prior approval is received from the House and 

Senate Committees on Appropriations; 

(4) proposes to use funds directed for a specific activity for 

a different purpose, unless prior approval is received from the 

House and Senate Committees on Appropriations; 

(5) augments or reduces existing programs, projects or activities in excess of the amounts contained in subsections 6 

through 10, unless prior approval is received from the House 

and Senate Committees on Appropriations; 

(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit of 

$150,000 per project, study or activity is allowed: Provided, 

That for a base level less than $100,000, the reprogramming 

limit is $25,000: Provided further, That up to $25,000 may be 

reprogrammed into any continuing study or activity that did 

not receive an appropriation for existing obligations and concomitant administrative expenses; 

(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit of 

$3,000,000 per project, study or activity is allowed: Provided, 

That for a base level less than $2,000,000, the reprogramming 

limit is $300,000: Provided further, That up to $3,000,000 may 

be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further, 


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That up to $300,000 may be reprogrammed into any continuing 

study or activity that did not receive an appropriation for existing obligations and concomitant administrative expenses; 

(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted in order for the Corps to be able to 

respond to emergencies: Provided, That the Chief of Engineers 

must notify the House and Senate Committees on Appropriations of these emergency actions as soon thereafter as practicable: Provided further, That for a base level over $1,000,000, 

reprogramming of 15 percent of the base amount a limit of 

$5,000,000 per project, study or activity is allowed: Provided 

further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That 

$150,000 may be reprogrammed into any continuing study or 

activity that did not receive an appropriation; 

(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The same reprogramming guidelines for the Investigations, Construction, 

and Operation and Maintenance portions of the Mississippi 

River and Tributaries Account as listed above; and 

(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PRO- GRAM.—Reprogramming of up to 15 percent of the base of the 

receiving project is permitted. 

(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the House and 

Senate Committees on Appropriations. 

(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) 

shall not apply to any project or activity funded under the continuing authorities program. 

(d) Not later than 60 days after the date of enactment of this 

Act, the Corps of Engineers shall submit a report to the House and 

Senate Committees on Appropriations to establish the baseline for 

application of reprogramming and transfer authorities for the current fiscal year: Provided, That the report shall include: 

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

to display the President’s budget request, adjustments made by 

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

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

by object class and program, project and activity as detailed in 

the budget appendix for the respective appropriations; and 

(3) An identification of items of special congressional interest. 

SEC. 102. None of the funds made available in this title may 

be used to award or modify any contract that commits funds beyond 

the amounts appropriated for that program, project, or activity that 

remain unobligated, except that such amounts may include any 

funds that have been made available through reprogramming pursuant to section 101. 

SEC. 103. None of the funds in this Act, or previous Acts, making funds available for Energy and Water Development, shall be 

used to award any continuing contract that commits additional 

funding from the Inland Waterways Trust Fund unless or until 

such time that a long-term mechanism to enhance revenues in this 

Fund sufficient to meet the cost-sharing authorized in the Water Resources Development Act of 1986 (Public Law 99–662) is enacted. 


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SEC. 104. Within 120 days of the date of the Chief of Engineers 

Report on a water resource matter, the Assistant Secretary of the 

Army (Civil Works) shall submit the report to the appropriate authorizing and appropriating committees of the Congress. 

SEC. 105. During the fiscal year period covered by this Act, the 

Secretary of the Army is authorized to implement measures recommended in the efficacy study authorized under section 3061 of 

the Water Resources Development Act of 2007 (121 Stat. 1121) or in 

interim reports, with such modifications or emergency measures as 

the Secretary of the Army determines to be appropriate, to prevent 

aquatic nuisance species from dispersing into the Great Lakes by 

way of any hydrologic connection between the Great Lakes and the 

Mississippi River Basin. 

SEC. 106. The Secretary is authorized to transfer to ‘‘Corps of 

Engineers—Civil—Construction’’ up to $100,000,000 of the funds 

provided for reinforcing or replacing flood walls under the heading 

‘‘Corps of Engineers—Civil—Flood Control and Coastal Emergencies’’ in Public Law 109–234 and Public Law 110–252 and up 

to $75,000,000 of the funds provided for projects and measures for 

the West Bank and Vicinity and Lake Ponchartrain and Vicinity 

projects under the heading ‘‘Corps of Engineers—Civil—Flood Control and Coastal Emergencies’’ in Public Law 110–28, to be used 

with funds provided for the West Bank and Vicinity project under 

the heading ‘‘Corps of Engineers—Civil—Construction’’ in Public 

Law 110–252 and Public Law 110–329, consistent with 65 percent 

Federal and 35 percent non-Federal cost share and the financing of, 

and payment terms for, the non-Federal cash contribution associated with the West Bank and Vicinity project. 

SEC. 107. The Secretary of the Army may transfer to the Fish 

and Wildlife Service, and the Fish and Wildlife Service may accept 

and expend, up to $3,800,000 of funds provided in this title under 

the heading ‘‘Operation and Maintenance’’ to mitigate for fisheries 

lost due to Corps of Engineers projects. 

SEC. 108. The Secretary of the Army may authorize a member 

of the Armed Forces under the Secretary’s jurisdiction and employees of the Department of the Army to serve without compensation as 

director, officer, or otherwise in the management of the organization 

established to support and maintain the participation of the United 

States in the permanent international commission of the congresses 

of navigation, or any successor entity. 

SEC. 109. (a) ACQUISITION.—The Secretary is authorized to acquire any real property and associated real property interests in the 

vicinity of Hanover, New Hampshire as may be needed for the Engineer Research and Development Center laboratory facilities at the 

Cold Regions Research and Engineering Laboratory. This real property to be acquired consists of 18.5 acres more or less, identified as 

Tracts 101–1 and 101–2, together with all necessary easements located entirely within the Town of Hanover, New Hampshire. The 

real property is generally bounded to the east by state route 10-Lyme 

Road, to the north by the vacant property of the Trustees of the 

Dartmouth College, to the south by Fletcher Circle graduate student 

housing owned by the Trustees of Dartmouth College, and to the 

west by approximately 9 acres of real property acquired in fee 

through condemnation in 1981 by the Secretary of the Army. 


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(b) REVOLVING FUND.—The Secretary is authorized to use the 

Revolving Fund (33 U.S.C. 576) through the Plant Replacement and 

Improvement Program to acquire the real property and associated 

real property interests in subsection (a). The Secretary shall ensure 

that the Revolving Fund is appropriately reimbursed from the benefitting appropriations. 

(c) RIGHT OF FIRST REFUSAL.—The Secretary may provide the 

Seller of any real property and associated property interests identified in subsection (a)— 

(1) a right of first refusal to acquire such property, or any 

portion thereof, in the event the property, or any portion thereof, 

is no longer needed by the Department of the Army. 

(2) a right of first refusal to acquire any real property or 

associated real property interests acquired by condemnation in 

Civil Action No. 81–360–L, in the event the property, or any 

portion thereof, is no longer needed by the Department of the 

Army. 

(3) the purchase of any property by the Seller exercising either right of first refusal authorized in this section shall be for 

consideration acceptable to the Secretary and shall be for not 

less than fair market value at the time the property becomes 

available for purchase. The right of first refusal authorized in 

this section shall not inure to the benefit of the Sellers successors or assigns. 

(d) DISPOSAL.—The Secretary of the Army is authorized to dispose of any property or associated real property interests that are 

subject to the exercise of the right of first refusal as set forth herein. 

SEC. 110. None of the funds made available in this Act may be 

used by the Corps of Engineers to relocate, or study the relocation 

of, any regional division headquarters of the Corps located at a 

military installation or any permanent employees of such headquarters. 

SEC. 111. (a) Section 5 of the Act entitled ‘‘An Act authorizing 

the construction of certain public works on rivers and harbors for 

flood control, and for other purposes,’’ approved June 22, 1936, (33 

U.S.C. 701h), is amended by— 

(1) inserting ‘‘for work, which includes planning and design,’’ before ‘‘to be expended’’; 

(2) striking ‘‘flood control or environmental restoration 

work’’ and inserting ‘‘water resources development study or 

project’’; and 

(3) inserting ‘‘: Provided further, That the term ‘States’ 

means the several States, the District of Columbia, the commonwealths, territories, and possessions of the United States, and 

Federally recognized Indian tribes’’ before the period. 

(b) The Secretary shall notify the appropriate committees of 

Congress prior to initiation of negotiations for accepting contributed 

funds under 33 U.S.C. 701h. 

SEC. 112. With respect to the property covered by the deed described in Auditor’s instrument No. 2006–014428 of Benton County, 

Washington, approximately 1.5 acres, the following deed restrictions 

are hereby extinguished and of no further force and effect: 

(1) The reversionary interest and use restrictions related to 

port and industrial purposes; 


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(2) The right for the District Engineer to review all pre-construction plans and/or specifications pertaining to construction 

and/or maintenance of any structure intended for human habitation, if the elevation of the property is above the standard 

project flood elevation; and 

(3) The right of the District Engineer to object to, and thereby prevent, in his/her discretion, such activity. 

SEC. 113. That portion of the project for navigation, Block Island Harbor of Refuge, Rhode Island adopted by the Rivers and 

Harbors Act of July 11, 1870, consisting of the cut-stone breakwater 

lining the west side of the Inner Basin; beginning at a point with 

coordinates N32579.55, E312625.53, thence running northerly about 

76.59 feet to a point with coordinates N32655.92, E312631.32, 

thence running northerly about 206.81 feet to a point with coordinates N32858.33, E312673.74, thence running easterly about 109.00 

feet to a point with coordinates N32832.15, E312779.54, shall no 

longer be authorized after the date of enactment. 

SEC. 114. The Secretary of the Army, acting through the Chief 

of Engineers, is authorized, using amounts available in the Revolving Fund established by section 101 of the Act of July 27, 1953, 

chap. 245 (33 U.S.C. 576), to construct a Consolidated Infrastructure Research Equipment Facility, an Environmental Processes and 

Risk Lab, a Hydraulic Research Facility, an Engineer Research and 

Development Center headquarters building, a Modular Hydraulic 

Flume building, and to purchase real estate, perform construction, 

and make facility, utility, street, road, and infrastructure improvements to the Engineer Research and Development Center’s installations and facilities. The Secretary shall ensure that the Revolving 

Fund is appropriately reimbursed from the benefitting appropriations. 

SEC. 115. Section 1148 of the Water Resources Development Act 

of 1986 (100 Stat. 4254; 110 Stat. 3718; 114 Stat. 2609) is amended 

by striking subsection (b) and inserting the following: 

‘‘(b) DISPOSITION OF ACQUIRED LAND.—The Secretary may 

transfer land acquired under this section to the non-Federal sponsor 

by quitclaim deed subject to such terms and conditions as the Secretary determines to be in the public interest.’’. 

SEC. 116. The New London Disposal Site and the Cornfield 

Shoals Disposal Site in Long Island Sound selected by the Department of the Army as alternative dredged material disposal sites 

under section 103(b) of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended, shall remain open for 5 years after 

enactment of this Act to allow for completion of a Supplemental Environmental Impact Statement to support final designation of an 

Ocean Dredged Material Disposal Site in eastern Long Island 

Sound under section 102(c) of the Marine Protection, Research, and 

Sanctuaries Act of 1972. 

SEC. 117. (a) That portion of the project for navigation, Newport Harbor, Rhode Island adopted by the Rivers and Harbors Acts 

of March 2, 1907 (34 Stat. 1075); June 25, 1910 (36 Stat. 632); August 26, 1937 (50 Stat. 845); and, modified by the Consolidated Appropriations Act, 2000, Public Law 106–113, appendix E, title II, 

section 221 (113 Stat. 1501A–298); consisting of a 13-foot anchorage, an 18-foot anchorage, a 21-foot channel, and 18-foot channels 

described by the following shall no longer be authorized after the 


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date of enactment of this Act: the 21-Foot Entrance Channel, beginning at a point (1) with coordinates 374986.03, 150611.01; thence 

running south 46 degrees 54 minutes 30.7 seconds east 900.01 feet 

to a point (2) with coordinates 375643.27, 149996.16; thence running south 8 degrees 4 minutes 58.3 east 2,376.87 feet to a point (3) 

with coordinates 375977.47, 147643.00; thence running south 4 degrees 28 minutes 20.4 seconds west 738.56 feet to a point (4) with 

coordinates 375919.88, 146906.60; thence running south 6 degrees 

2 minutes 42.4 seconds east 1,144.00 feet to a point (5) with coordinates 376040.35, 145768.96; thence running south 34 degrees 5 minutes 51.7 seconds west 707.11 feet to a point (6) with coordinates 

375643.94, 145183.41; thence running south 73 degrees 11 minutes 

42.9 seconds west 1,300.00 feet to the end point (7) with coordinates 

374399.46, 144807.57; Returning at a point with coordinates (8) 

with coordinates 374500.64, 144472.51; thence running north 73 degrees 11 minutes 42.9 seconds east 1,582.85 feet to a point (9) with 

coordinates 376015.90, 144930.13; thence running north 34 degrees 

5 minutes 51.7 seconds east 615.54 feet to a point (10) with coordinates 376360.97, 145439.85; thence running north 2 degrees 10 minutes 43.3 seconds west 2,236.21 feet to a point (11) with coordinates 

376275.96, 147674.45; thence running north 8 degrees 4 minutes 

55.6 seconds west 2,652.83 feet to a point (12) with coordinates 

375902.99, 150300.93; thence running north 46 degrees 54 minutes 

30.7 seconds west 881.47 feet to an end point (13) with coordinates 

375259.29, 150903.12; and the 18-Foot South Goat Island Channel 

beginning at a point (14) with coordinates 375509.09, 149444.83; 

thence running south 25 degrees 44 minutes 0.5 second east 430.71 

feet to a point (15) with coordinates 375696.10, 149056.84; thence 

running south 10 degrees 13 minutes 27.4 seconds east 1,540.89 feet 

to a point (16) with coordinates 375969.61, 147540.41; thence running south 4 degrees 29 minutes 11.3 seconds west 1,662.92 feet to 

a point (17) with coordinates 375839.53, 145882.59; thence running 

south 34 degrees 5 minutes 51.7 seconds west 547.37 feet to a point 

(18) with coordinates 375532.67, 145429.32; thence running south 

86 degrees 47 minutes 37.7 seconds west 600.01 feet to an end point 

(19) with coordinates 374933.60, 145395.76; and the 18-Foot Entrance Channel beginning at a point (20) with coordinates 

374567.14, 144252.33; thence running north 73 degrees 11 minutes 

42.9 seconds east 1,899.22 feet to a point (21) with coordinates 

376385.26, 144801.42; thence running north 2 degrees 10 minutes 

41.5 seconds west 638.89 feet to an end point (10) with coordinates 

376360.97, 145439.85; and the 18-Foot South Anchorage beginning 

at a point (22) with coordinates 376286.81, 147389.37; thence running north 78 degrees 56 minutes 15.6 seconds east 404.86 feet to 

a point (23) with coordinates 376684.14, 147467.05; thence running 

north 78 degrees 56 minutes 15.6 seconds east 1,444.33 feet to a 

point (24) with coordinates 378101.63, 147744.18; thence running 

south 5 degrees 18 minutes 43.8 seconds west 1,228.20 feet to a 

point (25) with coordinates 377987.92, 146521.26; thence running 

south 3 degrees 50 minutes 3.4 seconds east 577.84 feet to a point 

(26) with coordinates 378026.56, 145944.71; thence running south 

44 degrees 32 minutes 14.7 seconds west 2,314.09 feet to a point (27) 

with coordinates 376403.52, 144295.24 thence running south 60 degrees 5 minutes 58.2 seconds west 255.02 feet to an end point (28) 

with coordinates 376182.45, 144168.12; and the 13-Foot Anchorage 


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beginning at a point (29) with coordinates 376363.39, 143666.99; 

thence running north 63 degrees 34 minutes 19.3 seconds east 

1,962.37 feet to a point (30) with coordinates 378120.68, 144540.38; 

thence running north 3 degrees 50 minutes 3.1 seconds west 

1,407.47 feet to an end point (26) with coordinates 378026.56, 

145944.71; and the 18-Foot East Channel beginning at a point (23) 

with coordinates 376684.14, 147467.05; thence running north 2 degrees 10 minutes 43.3 seconds west 262.95 feet to a point (31) with 

coordinates 376674.14, 147729.81; thence running north 9 degrees 

42 minutes 20.3 seconds west 301.35 feet to a point (32) with coordinates 376623.34, 148026.85; thence running south 80 degrees 17 

minutes 42.4 seconds west 313.6 feet to a point (33) with coordinates 

376314.23, 147973.99; thence running north 7 degrees 47 minutes 

21.9 seconds west 776.24 feet to an end point (34) with coordinates 

376209.02, 148743.06; and the 18-Foot North Anchorage beginning 

at a point (35) with coordinates 376123.98, 148744.69; thence running south 88 degrees 54 minutes 16.2 seconds east 377.90 feet to 

a point (36) with coordinates 376501.82, 148737.47; thence running 

north 9 degrees 42 minutes 19.0 seconds west 500.01 feet to a point 

(37) with coordinates 376417.52, 149230.32; thence running north 6 

degrees 9 minutes 53.2 seconds west 1,300.01 feet to an end point 

(38) with coordinates 376277.92, 150522.81. 

(b) The area described by the following shall be redesignated as 

an eighteen-foot channel and turning basin: Beginning at a point 

(1) with coordinates N144759.41, E374413.16; thence running north 

73 degrees 11 minutes 42.9 seconds east 1,252.88 feet to a point (2) 

with coordinates N145121.63, E375612.53; thence running north 26 

degrees 29 minutes 48.1 seconds east 778.89 feet to a point (3) with 

coordinates N145818.71, E375960.04; thence running north 0 degrees 3 minutes 38.1 seconds west 1,200.24 feet to a point (4) with 

coordinates N147018.94, E375958.77; thence running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet to a point (5) with 

coordinates N147872.56, E375994.23; thence running north 7 degrees 47 minutes 21.9 seconds west 753.83 feet to a point (6) with 

coordinates N148619.44, E375892.06; thence running north 88 degrees 46 minutes 16.7 seconds east 281.85 feet to a point (7) with 

coordinates N148625.48, E376173.85; thence running south 7 degrees 47 minutes 21.9 seconds east 716.4 feet to a point (8) with coordinates N147915.69, E376270.94; thence running north 80 degrees 17 minutes 42.3 seconds east 315.3 feet to a point (9) with coordinates N147968.85, E.76581.73; thence running south 9 degrees 

42 minutes 20.3 seconds east 248.07 feet to a point (10) with coordinates N147724.33, E376623.55; thence running south 2 degrees 10 

minutes 43.3 seconds east 318.09 feet to a point (11) with coordinates N147406.47, E376635.64; thence running north 78 degrees 56 

minutes 15.6 seconds east 571.11 feet to a point (12) with coordinates N147516.06, E377196.15; thence running south 88 degrees 57 

minutes 2.3 seconds east 755.09 feet to a point (13) with coordinates 

N147502.23, E377951.11; thence running south 1 degree 2 minutes 

57.7 seconds west 100.00 feet to a point (14) with coordinates 

N147402.25, E377949.28; thence running north 88 degrees 57 minutes 2.3 seconds west 744.48 feet to a point (15) with coordinates 

N147415.88, E377204.92; thence running south 78 degrees 56 minutes 15.6 seconds west 931.17 feet to a point (16) with coordinates 

N147237.21, E376291.06; thence running south 39 degrees 26 minVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00080 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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utes 18.7 seconds west 208.34 feet to a point (17) with coordinates 

N147076.31, E376158.71; thence running south 0 degrees 3 minutes 

38.1 seconds east 1,528.26 feet to a point (18) with coordinates 

N145548.05, E376160.32; thence running south 26 degrees 29 minutes 48.1 seconds west 686.83 feet to a point (19) with coordinates 

N144933.37, E375853.90; thence running south 73 degrees 11 minutes 42.9 seconds west 1,429.51 feet to end at a point (20) with coordinates N144520.08, E374485.44. 

SEC. 118. None of the funds made available to the Corps of Engineers by this Act may be used for the removal or associated mitigation of Federal Energy Regulatory Commission Project number 

2342. 

SEC. 119. None of the funds made available by this Act may be 

used for the study of the Missouri River Projects authorized in section 108 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (division C of Public Law 111–8). 

SEC. 120. None of the funds made available in this Act may be 

used to continue the study conducted by the Army Corps of Engineers pursuant to section 5018(a)(1) of the Water Resources Development Act of 2007. 

TITLE II 

DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

For carrying out activities authorized by the Central Utah Project Completion Act, $27,154,000, to remain available until expended, of which $2,000,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah 

Reclamation Mitigation and Conservation Commission. In addition, 

for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,550,000. For fiscal year 

2012, the Commission may use an amount not to exceed $1,500,000 

for administrative expenses. 

BUREAU OF RECLAMATION

The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation: 

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS)

For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other 

facilities, participation in fulfilling related Federal responsibilities 

to Native Americans, and related grants to, and cooperative and 

other agreements with, State and local governments, federally recognized Indian tribes, and others, $895,000,000, to remain available 

until expended, of which $10,698,000 shall be available for transfer 

to the Upper Colorado River Basin Fund and $6,136,000 shall be 

available for transfer to the Lower Colorado River Basin DevelopVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00081 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ment Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund: Provided, That such 

transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed 

by the Reclamation Fund or the Bureau of Reclamation special fee 

account established by 16 U.S.C. 460l-6a(i) shall be derived from 

that Fund or account: Provided further, That funds contributed 

under 43 U.S.C. 395 are available until expended for the purposes 

for which contributed: Provided further, That funds advanced 

under 43 U.S.C. 397a shall be credited to this account and are 

available until expended for the same purposes as the sums appropriated under this heading: Provided further, That of the amounts 

provided herein, funds may be used for high priority projects which 

shall be carried out by the Youth Conservation Corps, as authorized 

by 16 U.S.C. 1706. 

CENTRAL VALLEY PROJECT RESTORATION FUND

For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley 

Project Improvement Act, $53,068,000, to be derived from such sums 

as may be collected in the Central Valley Project Restoration Fund 

pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 

102–575, to remain available until expended: Provided, That the 

Bureau of Reclamation is directed to assess and collect the full 

amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102–575: Provided further, That none of the funds made available under this heading 

may be used for the acquisition or leasing of water for in-stream 

purposes if the water is already committed to in-stream purposes by 

a court adopted decree or order. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS)

For carrying out activities authorized by the Water Supply, Reliability, and Environmental Improvement Act, consistent with 

plans to be approved by the Secretary of the Interior, $39,651,000, 

to remain available until expended, of which such amounts as may 

be necessary to carry out such activities may be transferred to appropriate accounts of other participating Federal agencies to carry 

out authorized purposes: Provided, That funds appropriated herein 

may be used for the Federal share of the costs of CALFED Program 

management: Provided further, That the use of any funds provided 

to the California Bay-Delta Authority for program-wide management and oversight activities shall be subject to the approval of the 

Secretary of the Interior: Provided further, That CALFED implementation shall be carried out in a balanced manner with clear performance measures demonstrating concurrent progress in achieving 

the goals and objectives of the Program. 

POLICY AND ADMINISTRATION

For necessary expenses of policy, administration, and related 

functions in the Office of the Commissioner, the Denver office, and 


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offices in the five regions of the Bureau of Reclamation, to remain 

available until September 30, 2013, $60,000,000, to be derived from 

the Reclamation Fund and be nonreimbursable as provided in 43 

U.S.C. 377: Provided, That no part of any other appropriation in 

this Act shall be available for activities or functions budgeted as 

policy and administration expenses. 

ADMINISTRATIVE PROVISION

Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed five passenger motor vehicles, 

which are for replacement only. 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 

SEC. 201. (a) None of the funds provided in title II of this Act 

for Water and Related Resources, or provided by previous appropriations Acts to the agencies or entities funded in title II of this Act 

for Water and Related Resources that remain available for obligation or expenditure in fiscal year 2012, shall be available for obligation or expenditure through a reprogramming of funds that— 

(1) initiates or creates a new program, project, or activity; 

(2) eliminates a program, project, or activity; 

(3) increases funds for any program, project, or activity for 

which funds have been denied or restricted by this Act, unless 

prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate; 

(4) restarts or resumes any program, project or activity for 

which funds are not provided in this Act, unless prior approval 

is received from the Committees on Appropriations of the House 

of Representatives and the Senate; 

(5) transfers funds in excess of the following limits, unless 

prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: 

(A) 15 percent for any program, project or activity for 

which $2,000,000 or more is available at the beginning of 

the fiscal year; or 

(B) $300,000 for any program, project or activity for 

which less than $2,000,000 is available at the beginning of 

the fiscal year; 

(6) transfers more than $500,000 from either the Facilities 

Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category, unless prior approval is received from the Committees on Appropriations of the 

House of Representatives and the Senate; or 

(7) transfers, where necessary to discharge legal obligations 

of the Bureau of Reclamation, more than $5,000,000 to provide 

adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real 

estate deficiency judgments, unless prior approval is received 

from the Committees on Appropriations of the House of Representatives and the Senate. 

(b) Subsection (a)(5) shall not apply to any transfer of funds 

within the Facilities Operation, Maintenance, and Rehabilitation 

category. 


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(c) For purposes of this section, the term ‘‘transfer’’ means any 

movement of funds into or out of a program, project, or activity. 

(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of Representatives and the Senate detailing all the funds reprogrammed 

between programs, projects, activities, or categories of funding. The 

first quarterly report shall be submitted not later than 60 days after 

the date of enactment of this Act. 

SEC. 202. (a) None of the funds appropriated or otherwise made 

available by this Act may be used to determine the final point of 

discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards 

of the State of California as approved by the Administrator of the 

Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters. 

(b) The costs of the Kesterson Reservoir Cleanup Program and 

the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ‘‘Cleanup 

Program-Alternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 

Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley 

Drainage Program, February 1995’’, prepared by the Department of 

the Interior, Bureau of Reclamation. Any future obligations of funds 

by the United States relating to, or providing for, drainage service 

or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law. 

SEC. 203. Section 529(b)(3) of Public Law 106–541, as amended 

by section 115 of Public Law 109–103, is further amended by striking ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’ in lieu thereof. 

SEC. 204. Section 8 of the Water Desalination Act of 1996 (42 

U.S.C. 10301 note; Public Law 104–298) is amended— 

(1) in subsection (a), in the first sentence, by striking ‘‘2011’’ 

and inserting ‘‘2013’’; and 

(2) in subsection (b), by striking ‘‘$25,000,000 for fiscal 

years 1997 through 2011’’ and inserting ‘‘$3,000,000 for each of 

fiscal years 2012 through 2013’’. 

SEC. 205. The Federal policy for addressing California’s water 

supply and environmental issues related to the Bay-Delta shall be 

consistent with State law, including the co-equal goals of providing 

a more reliable water supply for the State of California and protecting, restoring, and enhancing the Delta ecosystem. The Secretary 

of the Interior, the Secretary of Commerce, the Army Corps of Engineers and the Environmental Protection Agency Administrator shall 

jointly coordinate the efforts of the relevant agencies and work with 

the State of California and other stakeholders to complete and issue 

the Bay Delta Conservation Plan Final Environmental Impact 

Statement no later than February 15, 2013. Nothing herein modifies 

existing requirements of Federal law. 

SEC. 206. The Secretary of the Interior may participate in nonFederal groundwater banking programs to increase the operational 

flexibility, reliability, and efficient use of water in the State of California, and this participation may include making payment for the 


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storage of Central Valley Project water supplies, the purchase of 

stored water, the purchase of shares or an interest in ground banking facilities, or the use of Central Valley Project water as a medium of payment for groundwater banking services: Provided, That 

the Secretary of the Interior shall participate in groundwater banking programs only to the extent allowed under State law and consistent with water rights applicable to the Central Valley Project: 

Provided further, That any water user to which banked water is delivered shall pay for such water in the same manner provided by 

that water user’s then-current Central Valley Project water service, 

repayment, or water rights settlement contract at the rate provided 

by the then-current Central-Valley Project Irrigation or Municipal 

and Industrial Rate Setting Policies; and: Provided further, That in 

implementing this section, the Secretary of the Interior shall comply 

with applicable environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) Nothing herein shall alter or limit the Secretary’s existing authority to use 

groundwater banking to meet existing fish and wildlife obligations. 

SEC. 207. (a) Subject to compliance with all applicable Federal 

and State laws, a transfer of irrigation water among Central Valley 

Project contractors from the Friant, San Felipe, West San Joaquin, 

and Delta divisions, and a transfer from a long-term Friant Division water service or repayment contractor to a temporary or prior 

temporary service contractors within the place of use in existence on 

the date of the transfer, as identified in the Bureau of Reclamation 

water rights permits for the Friant Division, shall be considered to 

meet the conditions described in subparagraphs (A) and (I) of section 3405(a)(1) of the Reclamation Projects Authorization and Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4709). 

(b) The Secretary of the Interior, acting through the Director of 

the United States Fish and Wildlife Service and the Commissioner 

of the Bureau of Reclamation shall initiate and complete, on the 

most expedited basis practicable, programmatic environmental compliance so as to facilitate voluntary water transfers within the Central Valley Project, consistent with all applicable Federal and State 

law. 

(c) Not later than 180 days after the date of enactment of this 

Act and each of the 4 years thereafter, the Commissioner of the Bureau of Reclamation shall submit to the committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate a report that describes the status of efforts 

to help facilitate and improve the water transfers within the Central 

Valley Project and water transfers between the Central Valley 

Project and other water projects in the State of California; evaluates 

potential effects of this Act on Federal programs, Indian tribes, Central Valley Project operations, the environment, groundwater 

aquifers, refuges, and communities; and provides recommendations 

on ways to facilitate and improve the process for these transfers. 

SEC. 208. (a) PERMITTED USES.—Section 2507(b) of the Farm 

Security and Rural Investment Act of 2002 (43 U.S.C. 2211 note; 

Public Law 107–171) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘In 

any case in which there are willing sellers’’ and inserting ‘‘For 

the benefit of at-risk natural desert terminal lakes and associVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00085 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ated riparian and watershed resources, in any case in which 

there are willing sellers or willing participants’’; 

(2) in paragraph (2), by striking ‘‘in the Walker River’’ and 

all that follows through ‘‘119 Stat. 2268)’’; and 

(3) in paragraph (3), by striking ‘‘in the Walker River 

Basin’’. 

(b) WALKER BASIN RESTORATION PROGRAM.—Section 208(b) of 

the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111–85; 123 Stat. 2858) is amended— 

(1) in paragraph (1)(B)(iv), by striking ‘‘exercise water 

rights’’ and inserting ‘‘manage land, water appurtenant to the 

land, and related interests’’; and 

(2) in paragraph (2)(A), by striking ‘‘The amount made 

available under subsection (a)(1) shall be provided to the National Fish and Wildlife Foundation’’ and inserting ‘‘Any 

amount made available to the National Fish and Wildlife 

Foundation under subsection (a) shall be provided’’. 

TITLE III 

DEPARTMENT OF ENERGY 

ENERGY PROGRAMS 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

(INCLUDING RESCISSION OF FUNDS)

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for energy efficiency and renewable energy 

activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant or 

facility acquisition, construction, or expansion, $1,825,000,000, to 

remain available until expended: Provided, That $165,000,000 shall 

be available until September 30, 2013 for program direction: Provided further, That for the purposes of allocating weatherization assistance funds appropriated by this Act to States and tribes, the 

Secretary of Energy may waive the allocation formula established 

pursuant to section 414(a) of the Energy Conservation and Production Act (42 U.S.C. 6864(a)): Provided further, That of the unobligated balances available under this heading, $9,909,000 are hereby 

rescinded: Provided further, That no amounts may be rescinded 

from amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the 

Budget or the Balanced Budget and Emergency Deficit Control Act 

of 1985. 

ELECTRICITY DELIVERY AND ENERGY RELIABILITY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department of 

Energy Organization Act (42 U.S.C. 7101 et seq.), including the acVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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quisition or condemnation of any real property or any facility or for 

plant or facility acquisition, construction, or expansion, 

$139,500,000, to remain available until expended: Provided, That 

$27,010,000 shall be available until September 30, 2013 for program direction. 

NUCLEAR ENERGY

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for nuclear energy activities in carrying out 

the purposes of the Department of Energy Organization Act (42 

U.S.C. 7101 et seq.), including the acquisition or condemnation of 

any real property or any facility or for plant or facility acquisition, 

construction, or expansion, and the purchase of not more than 10 

buses, all for replacement only, $768,663,000, to remain available 

until expended: Provided, That $91,000,000 shall be available until 

September 30, 2013 for program direction. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses in carrying out fossil energy research 

and development activities, under the authority of the Department 

of Energy Organization Act (Public Law 95–91), including the acquisition of interest, including defeasible and equitable interests in 

any real property or any facility or for plant or facility acquisition 

or expansion, and for conducting inquiries, technological investigations and research concerning the extraction, processing, use, and 

disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602, and 1603), $534,000,000, to 

remain available until expended: Provided, That $120,000,000 shall 

be available until September 30, 2013 for program direction: Provided further, That for all programs funded under Fossil Energy 

appropriations in this Act or any other Act, the Secretary may vest 

fee title or other property interests acquired under projects in any 

entity, including the United States: Provided further, That of prioryear balances, $187,000,000 are hereby rescinded: Provided further, 

That no rescission made by the previous proviso shall apply to any 

amount previously appropriated in Public Law 111–5 or designated 

by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

For expenses necessary to carry out naval petroleum and oil 

shale reserve activities, $14,909,000, to remain available until expended: Provided, That, notwithstanding any other provision of 

law, unobligated funds remaining from prior years shall be available for all naval petroleum and oil shale reserve activities. 

STRATEGIC PETROLEUM RESERVE

For necessary expenses for Strategic Petroleum Reserve facility 

development and operations and program management activities 

pursuant to the Energy Policy and Conservation Act of 1975, as 


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amended (42 U.S.C. 6201 et seq.), $192,704,000, to remain available 

until expended. 

SPR PETROLEUM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

Of the amounts deposited in the SPR Petroleum Account established under section 167 of the Energy Policy and Conservation Act 

(42 U.S.C. 6247) in fiscal year 2011 which remain available for obligation under that section, $500,000,000 are hereby permanently rescinded. 

NORTHEAST HOME HEATING OIL RESERVE

(INCLUDING RESCISSION OF FUNDS)

For necessary expenses for Northeast Home Heating Oil Reserve 

storage, operation, and management activities pursuant to the Energy Policy and Conservation Act, $10,119,000, to remain available 

until expended: Provided, That amounts net of the purchase of 1 

million barrels of petroleum distillates in fiscal year 2012; costs related to transportation, delivery, and storage; and sales of petroleum distillate from the Reserve under section 182 of the Energy 

Policy and Conservation Act (42 U.S.C. 6250a) are hereby permanently rescinded: Provided further, That notwithstanding section 

181 of the Energy Policy and Conservation Act (42 U.S.C. 6250), for 

fiscal year 2012 and hereafter, the Reserve shall contain no more 

than 1 million barrels of petroleum distillate. 

ENERGY INFORMATION ADMINISTRATION

For necessary expenses in carrying out the activities of the Energy Information Administration, $105,000,000, to remain available 

until expended. 

NON-DEFENSE ENVIRONMENTAL CLEANUP

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for non-defense environmental cleanup activities in carrying out the purposes of the Department of Energy 

Organization Act (42 U.S.C. 7101 et seq.), including the acquisition 

or condemnation of any real property or any facility or for plant or 

facility acquisition, construction, or expansion, $235,721,000, to remain available until expended. 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and 

other activities of title II of the Atomic Energy Act of 1954, and title 

X, subtitle A, of the Energy Policy Act of 1992, $472,930,000, to be 

derived from the Uranium Enrichment Decontamination and Decommissioning Fund, to remain available until expended. 


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SCIENCE

For Department of Energy expenses including the purchase, 

construction, and acquisition of plant and capital equipment, and 

other expenses necessary for science activities in carrying out the 

purposes of the Department of Energy Organization Act (42 U.S.C. 

7101 et seq.), including the acquisition or condemnation of any real 

property or facility or for plant or facility acquisition, construction, 

or expansion, and purchase of not more than 49 passenger motor vehicles for replacement only, including one ambulance and one bus, 

$4,889,000,000, to remain available until expended: Provided, That 

$185,000,000 shall be available until September 30, 2013 for program direction. 

ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

For necessary expenses in carrying out the activities authorized 

by section 5012 of the America COMPETES Act (Public Law 110– 

69), as amended, $275,000,000: Provided, That $20,000,000 shall be 

available until September 30, 2013 for program direction. 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

Such sums as are derived from amounts received from borrowers pursuant to section 1702(b)(2) of the Energy Policy Act of 

2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974: 

Provided, That for necessary administrative expenses to carry out 

this Loan Guarantee program, $38,000,000 is appropriated, to remain available until expended: Provided further, That $38,000,000 

of the fees collected pursuant to section 1702(h) of the Energy Policy 

Act of 2005 shall be credited as offsetting collections to this account 

to cover administrative expenses and shall remain available until 

expended, so as to result in a final fiscal year 2012 appropriation 

from the general fund estimated at not more than $0: Provided further, That fees collected under section 1702(h) in excess of the 

amount appropriated for administrative expenses shall not be available until appropriated. 

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN

PROGRAM

For administrative expenses in carrying out the Advanced Technology Vehicles Manufacturing Loan Program, $6,000,000, to remain available until expended. 

DEPARTMENTAL ADMINISTRATION

For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes 

of the Department of Energy Organization Act (42 U.S.C. 7101 et 

seq.), including the hire of passenger motor vehicles and official reception and representation expenses not to exceed $30,000, 

$237,623,000, to remain available until September 30, 2013, plus 

such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 

That such increases in cost of work are offset by revenue increases 


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of the same or greater amount, to remain available until expended: 

Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $111,623,000 in fiscal year 

2012 may be retained and used for operating expenses within this 

account, and may remain available until expended, as authorized 

by section 201 of Public Law 95–238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of miscellaneous revenues received during 2012, and any related appropriated receipt account balances remaining from prior years’ miscellaneous revenues, 

so as to result in a final fiscal year 2012 appropriation from the 

general fund estimated at not more than $126,000,000. 

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $42,000,000, to remain available until expended. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION 

WEAPONS ACTIVITIES

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for 

plant or facility acquisition, construction, or expansion, the purchase of not to exceed one ambulance and one aircraft; 

$7,233,997,000, to remain available until expended: Provided, That 

of such amount not more than $89,425,000 may be made available 

for the B–61 Life Extension Program until the Administrator of the 

National Nuclear Security Administration submits to the Committees on Appropriations of the House of Representatives and the Senate a final report on the Phase 6.2a design definition and cost 

study. 

DEFENSE NUCLEAR NONPROLIFERATION

(INCLUDING RESCISSION OF FUNDS)

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for 

plant or facility acquisition, construction, or expansion, and the 

purchase of not to exceed one passenger motor vehicle for replacement only, $2,324,303,000, to remain available until expended: Provided, That of the unobligated balances available under this heading, $21,000,000 are hereby rescinded: Provided further, That no 

amounts may be rescinded from amounts that were designated by 


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the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 

NAVAL REACTORS

For Department of Energy expenses necessary for naval reactors 

activities to carry out the Department of Energy Organization Act 

(42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and 

capital equipment, facilities, and facility expansion, $1,080,000,000, 

to remain available until expended: Provided, That $40,000,000 

shall be available until September 30, 2013 for program direction. 

OFFICE OF THE ADMINISTRATOR

For necessary expenses of the Office of the Administrator in the 

National Nuclear Security Administration, including official reception and representation expenses not to exceed $12,000, 

$410,000,000, to remain available until September 30, 2013. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL CLEANUP

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses necessary for atomic energy defense environmental 

cleanup activities in carrying out the purposes of the Department of 

Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for 

plant or facility acquisition, construction, or expansion, and the 

purchase of not to exceed one ambulance and one fire truck for replacement only, $5,023,000,000, to remain available until expended: 

Provided, That $321,628,000 shall be available until September 30, 

2013 for program direction. 

OTHER DEFENSE ACTIVITIES

For Department of Energy expenses, including the purchase, 

construction, and acquisition of plant and capital equipment and 

other expenses, necessary for atomic energy defense, other defense 

activities, and classified activities, in carrying out the purposes of 

the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 

including the acquisition or condemnation of any real property or 

any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed 10 passenger motor vehicles for replacement only, $823,364,000: Provided, That 

$114,086,000 shall be available until September 30, 2013 for program direction. 

POWER MARKETING ADMINISTRATIONS 

BONNEVILLE POWER ADMINISTRATION FUND

Expenditures from the Bonneville Power Administration Fund, 

established pursuant to Public Law 93–454, are approved for the 

Kootenai River Native Fish Conservation Aquaculture Program, 


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Lolo Creek Permanent Weir Facility, and Improving Anadromous 

Fish production on the Warm Springs Reservation, and, in addition, for official reception and representation expenses in an amount 

not to exceed $7,000. During fiscal year 2012, no new direct loan obligations may be made. 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power 

transmission facilities and of marketing electric power and energy, 

including transmission wheeling and ancillary services pursuant to 

section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $8,428,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 

3302 and section 5 of the Flood Control Act of 1944, up to 

$8,428,000 collected by the Southeastern Power Administration 

from the sale of power and related services shall be credited to this 

account as discretionary offsetting collections, to remain available 

until expended for the sole purpose of funding the annual expenses 

of the Southeastern Power Administration: Provided further, That 

the sum herein appropriated for annual expenses shall be reduced 

as collections are received during the fiscal year so as to result in 

a final fiscal year 2012 appropriation estimated at not more than 

$0: Provided further, That, notwithstanding 31 U.S.C. 3302, up to 

$100,162,000 collected by the Southeastern Power Administration 

pursuant to the Flood Control Act of 1944 to recover purchase power 

and wheeling expenses shall be credited to this account as offsetting 

collections, to remain available until expended for the sole purpose 

of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses 

means expenditures that are generally recovered in the same year 

that they are incurred (excluding purchase power and wheeling expenses). 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

For necessary expenses of operation and maintenance of power 

transmission facilities and of marketing electric power and energy, 

for construction and acquisition of transmission lines, substations 

and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not 

to exceed $1,500 in carrying out section 5 of the Flood Control Act 

of 1944 (16 U.S.C. 825s), as applied to the Southwestern Power Administration, $45,010,000, to remain available until expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the 

Flood Control Act of 1944 (16 U.S.C. 825s), up to $33,118,000 collected by the Southwestern Power Administration from the sale of 

power and related services shall be credited to this account as discretionary offsetting collections, to remain available until expended, 

for the sole purpose of funding the annual expenses of the Southwestern Power Administration: Provided further, That the sum 

herein appropriated for annual expenses shall be reduced as collections are received during the fiscal year so as to result in a final 

fiscal year 2012 appropriation estimated at not more than 


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$11,892,000: Provided further, That, notwithstanding 31 U.S.C. 

3302, up to $40,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act of 1944 to recover 

purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended 

for the sole purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase 

power and wheeling expenses). 

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 

WESTERN AREA POWER ADMINISTRATION

For carrying out the functions authorized by title III, section 

302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and 

other related activities including conservation and renewable resources programs as authorized, including official reception and 

representation expenses in an amount not to exceed $1,500; 

$285,900,000, to remain available until expended, of which 

$278,856,000 shall be derived from the Department of the Interior 

Reclamation Fund: Provided, That notwithstanding 31 U.S.C. 3302, 

section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and section 1 of the Interior Department Appropriation Act, 1939 (43 

U.S.C. 392a), up to $189,932,000 collected by the Western Area 

Power Administration from the sale of power and related services 

shall be credited to this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of 

funding the annual expenses of the Western Area Power Administration: Provided further, That the sum herein appropriated for annual 

expenses shall be reduced as collections are received during the fiscal year so as to result in a final fiscal year 2012 appropriation estimated at not more than $95,968,000, of which $88,924,000 is derived from the Reclamation Fund: Provided further, That of the 

amount herein appropriated, not more than $3,375,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the Reclamation Projects Authorization 

and Adjustment Act of 1992: Provided further, That notwithstanding 31 U.S.C. 3302, up to $306,541,000 collected by the Western Area Power Administration pursuant to the Flood Control Act 

of 1944 and the Reclamation Project Act of 1939 to recover purchase 

power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole 

purpose of making purchase power and wheeling expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same 

year that they are incurred (excluding purchase power and wheeling 

expenses). 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $4,169,000, to 

remain available until expended, and to be derived from the Falcon 

and Amistad Operating and Maintenance Fund of the Western Area 

Power Administration, as provided in section 2 of the Act of June 


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18, 1954 (68 Stat. 255) as amended: Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up to 

$3,949,000 collected by the Western Area Power Administration 

from the sale of power and related services from the Falcon and 

Amistad Dams shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole 

purpose of funding the annual expenses of the hydroelectric facilities 

of these Dams and associated Western Area Power Administration 

activities: Provided further, That the sum herein appropriated for 

annual expenses shall be reduced as collections are received during 

the fiscal year so as to result in a final fiscal year 2012 appropriation estimated at not more than $220,000: Provided further, That 

for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred. 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, and 

official reception and representation expenses not to exceed $3,000, 

$304,600,000, to remain available until expended: Provided, That 

notwithstanding any other provision of law, not to exceed 

$304,600,000 of revenues from fees and annual charges, and other 

services and collections in fiscal year 2012 shall be retained and 

used for necessary expenses in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2012 so as to result in a final fiscal year 

2012 appropriation from the general fund estimated at not more 

than $0. 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY 

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used to initiate or resume any program, project, or activity or to prepare or initiate Requests For Proposals or similar arrangements (including Requests for Quotations, Requests for Information, and Funding Opportunity Announcements) for a program, project, or activity if the 

program, project, or activity has not been funded by Congress. 

(b) The Department of Energy may not, with respect to any program, project, or activity that uses budget authority made available 

in this title under the heading ‘‘Department of Energy—Energy Programs’’, enter into a multi-year contract, award a multi-year grant, 

or enter into a multi-year cooperative agreement unless the contract, 

grant, or cooperative agreement includes a clause conditioning the 

Federal Government’s obligation on the availability of future-year 

budget authority and the Secretary notifies the Committees on Appropriations of the House of Representatives and the Senate at least 

14 days in advance. 


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(c) Except as provided in this section, the amounts made available by this title shall be expended as authorized by law for the 

projects and activities specified in the ‘‘Conference’’ column in the 

‘‘Department of Energy’’ table included under the heading ‘‘Title 

III—Department of Energy’’ in the joint explanatory statement accompanying this Act. 

(d) The amounts made available by this title may be reprogrammed for any program, project, or activity, and the Department 

shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days prior to the use of any 

proposed reprogramming which would cause any program, project, 

or activity funding level to increase or decrease by more than 

$5,000,000 or 10 percent, whichever is less, during the time period 

covered by this Act. 

(e) Notwithstanding subsection (c), none of the funds provided 

in this title shall be available for obligation or expenditure through 

a reprogramming of funds that— 

(1) creates, initiates, or eliminates a program, project, or 

activity, 

(2) increases funds or personnel for any program, project, 

or activity for which funds are denied or restricted by this Act, 

or 

(3) reduces funds that are directed to be used for a specific 

program, project, or activity by this Act. 

(f)(1) The Secretary of Energy may waive any requirement or restriction in this section that applies to the use of funds made available for the Department of Energy if compliance with such requirement or restriction would pose a substantial risk to human health, 

the environment, welfare, or national security. 

(2) The Secretary of Energy shall notify the Committees on Appropriations of any waiver under paragraph (1) as soon as practicable, but not later than 3 days after the date of the activity to 

which a requirement or restriction would otherwise have applied. 

Such notice shall include an explanation of the substantial risk 

under paragraph (1) that permitted such waiver. 

SEC. 302. The unexpended balances of prior appropriations provided for activities in this Act may be available to the same appropriation accounts for such activities established pursuant to this 

title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one 

fund for the same time period as originally enacted. 

SEC. 303. Funds appropriated by this or any other Act, or made 

available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for 

purposes of section 504 of the National Security Act of 1947 (50 

U.S.C. 414) during fiscal year 2012 until the enactment of the Intelligence Authorization Act for fiscal year 2012. 

SEC. 304. (a) SUBMISSION TO CONGRESS.—The Secretary of Energy shall submit to Congress each year, at the time that the President’s budget is submitted to Congress that year under section 

1105(a) of title 31, United States Code, a future-years energy program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years energy program shall cover the fiscal year with respect to which the budget is 

submitted and at least the four succeeding fiscal years. A futureVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00095 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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years energy program shall be included in the fiscal year 2014 

budget submission to Congress and every fiscal year thereafter. 

(b) ELEMENTS.—Each future-years energy program shall contain the following: 

(1) The estimated expenditures and proposed appropriations necessary to support programs, projects, and activities of 

the Secretary of Energy during the 5-fiscal year period covered 

by the program, expressed in a level of detail comparable to 

that contained in the budget submitted by the President to Congress under section 1105 of title 31, United States Code. 

(2) The estimated expenditures and proposed appropriations shaped by high-level, prioritized program and budgetary 

guidance that is consistent with the administration’s policies 

and out year budget projections and reviewed by the Department of Energy’s (DOE) senior leadership to ensure that the future-years energy program is consistent and congruent with previously established program and budgetary guidance. 

(3) A description of the anticipated workload requirements 

for each DOE national laboratory during the 5-fiscal year period. 

(c) CONSISTENCY IN BUDGETING.— (1) The Secretary of Energy shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year 

are consistent with amounts described in subparagraph (B) of 

paragraph (2) for that fiscal year. 

(2) Amounts referred to in paragraph (1) are the following: 

(A) The amounts specified in program and budget information submitted to Congress by the Secretary of Energy 

in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31, United States Code, 

for any fiscal year, as shown in the future-years energy program submitted pursuant to subsection (a). 

(B) The total amounts of estimated expenditures and 

proposed appropriations necessary to support the programs, 

projects, and activities of the administration included pursuant to paragraph (5) of section 1105(a) of such title in the 

budget submitted to Congress under that section for any 

fiscal year. 

SEC. 305. Section 1702 of the Energy Policy Act of 2005 (42 

U.S.C. 16512) is amended— 

(1) by striking subsection (b) and inserting the following: 

‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 

‘‘(1) IN GENERAL.—No guarantee shall be made unless— 

‘‘(A) an appropriation for the cost of the guarantee has 

been made; 

‘‘(B) the Secretary has received from the borrower a 

payment in full for the cost of the guarantee and deposited 

the payment into the Treasury; or 

‘‘(C) a combination of one or more appropriations 

under subparagraph (A) and one or more payments from 

the borrower under subparagraph (B) has been made that 

is sufficient to cover the cost of the guarantee.’’. 

SEC. 306. Plant or construction projects for which amounts are 

made available under this and subsequent appropriation Acts with 


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a current estimated cost of less than $10,000,000 are considered for 

purposes of section 4703 of Public Law 107–314 as a plant project 

for which the approved total estimated cost does not exceed the 

minor construction threshold and for purposes of section 4704 of 

Public Law 107–314 as a construction project with a current estimated cost of less than a minor construction threshold. 

SEC. 307. In section 839b(h)(10)(B) of title 16, United States 

Code, strike ‘‘$1,000,000’’ and insert ‘‘$2,500,000’’. 

SEC. 308. None of the funds made available in this title shall 

be used for the construction of facilities classified as high-hazard 

nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Health, Safety, and Security to 

ensure the project is in compliance with nuclear safety requirements. 

SEC. 309. Of the amounts appropriated in this title, 

$73,300,000 are hereby rescinded, to reflect savings from the contractor pay freeze instituted by the Department. The Department 

shall allocate the rescission among the appropriations made in this 

title. 

SEC. 310. None of the funds made available in this title may 

be used to approve critical decision-2 or critical decision-3 under 

Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project 

cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision. 

SEC. 311. None of the funds made available in this title may 

be used to make a grant allocation, discretionary grant award, discretionary contract award, or Other Transaction Agreement, or to 

issue a letter of intent, totaling in excess of $1,000,000, or to announce publicly the intention to make such an allocation, award, or 

Agreement, or to issue such a letter, including a contract covered by 

the Federal Acquisition Regulation, unless the Secretary of Energy 

notifies the Committees on Appropriations of the Senate and the 

House of Representatives at least 3 full business days in advance of 

making such an allocation, award, or Agreement, or issuing such a 

letter: Provided, That if the Secretary of Energy determines that 

compliance with this section would pose a substantial risk to 

human life, health, or safety, an allocation, award, or Agreement 

may be made, or a letter may be issued, without advance notification, and the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives not later than 

5 full business days after the date on which such an allocation, 

award, or Agreement is made or letter issued: Provided further, 

That the notification shall include the recipient of the award, the 

amount of the award, the fiscal year for which the funds for the 

award were appropriated, and the account and program from which 

the funds are being drawn, the title of the award, and a brief description of the activity for which the award is made. 

SEC. 312. (a) Any determination (including a determination 

made prior to the date of enactment of this Act) by the Secretary 

pursuant to section 3112(d)(2)(B) of the USEC Privatization Act 

(110 Stat. 1321–335), as amended, that the sale or transfer of uranium will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry shall be valid for 

not more than 2 calendar years subsequent to such determination. 


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(b) Not less than 30 days prior to the transfer, sale, barter, distribution, or other provision of uranium in any form for the purpose 

of accelerating cleanup at a Federal site, the Secretary shall notify 

the House and Senate Committees on Appropriations of the following: 

(1) the amount of uranium to be transferred, sold, bartered, 

distributed, or otherwise provided; 

(2) an estimate by the Secretary of the gross market value 

of the uranium on the expected date of the transfer, sale, barter, 

distribution, or other provision of the uranium; 

(3) the expected date of transfer, sale, barter, distribution, 

or other provision of the uranium; 

(4) the recipient of the uranium; and 

(5) the value of the services the Secretary expects to receive 

in exchange for the uranium, including any reductions to the 

gross value of the uranium by the recipient. 

(c) Not later than June 30, 2012, the Secretary shall submit to 

the House and Senate Committees on Appropriations a revised excess uranium inventory management plan for fiscal years 2013 

through 2018. 

(d) Not later than December 31, 2011 the Secretary shall submit 

to the House and Senate Committees on Appropriations a report 

evaluating the economic feasibility of re-enriching depleted uranium 

located at Federal sites. 

SEC. 313. None of the funds made available by this Act may be 

used to pay the salaries of Department of Energy employees to carry 

out section 407 of division A of the American Recovery and Reinvestment Act of 2009. 

SEC. 314. (a) The Secretary of Energy may openly compete and 

issue an award to allow a third party, on a fee-for-service basis, to 

operate and maintain a metering station of the Strategic Petroleum 

Reserve that is underutilized (as defined in section 102–75.50 of title 

41, Code of Federal Regulations (or successor regulations)) and related equipment. 

(b) Not later than 30 days before the issuance of such award, 

the Secretary of Energy shall certify to the Committees on Appropriations of the House of Representatives and the Senate that the 

award will not reduce the reliability or accessibility of the Strategic 

Petroleum Reserve, raise costs of oil in the local market, or negatively impact the supply of oil to current users. 

(c) Funds collected under subsection (a) shall be deposited in 

the general fund of the Treasury. 

SEC. 315. None of the funds made available in this Act may be 

used— 

(1) to implement or enforce section 430.32(x) of title 10, 

Code of Federal Regulations; or 

(2) to implement or enforce the standards established by the 

tables contained in section 325(i)(1)(B) of the Energy Policy and 

Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect to BPAR 

incandescent reflector lamps, BR incandescent reflector lamps, 

and ER incandescent reflector lamps. 

SEC. 316. Recipients of grants awarded by the Department in excess of $1,000,000 shall certify that they will, by the end of the 

fiscal year, upgrade the efficiency of their facilities by replacing any 

lighting that does not meet or exceed the energy efficiency standard 


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for incandescent light bulbs set forth in section 325 of the Energy 

Policy and Conservation Act (42 U.S.C. 6295). 

TITLE IV 

INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

For expenses necessary to carry out the programs authorized by 

the Appalachian Regional Development Act of 1965, as amended, 

for necessary expenses for the Federal Co-Chairman and the Alternate on the Appalachian Regional Commission, for payment of the 

Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $68,263,000, to remain available until expended. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Defense Nuclear Facilities Safety 

Board in carrying out activities authorized by the Atomic Energy 

Act of 1954, as amended by Public Law 100–456, section 1441, 

$29,130,000, to remain available until September 30, 2013: Provided, That within 90 days of enactment of this Act, the Defense Nuclear Facilities Safety Board shall enter into an agreement for inspector general services with the Office of Inspector General for the 

Nuclear Regulatory Commission for fiscal years 2012 and 2013: 

Provided further, That at the expiration of such agreement, the Defense Nuclear Facilities Safety Board shall procure inspector general services annually thereafter. 

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

For necessary expenses of the Delta Regional Authority and to 

carry out its activities, as authorized by the Delta Regional Authority Act of 2000, as amended, notwithstanding sections 382C(b)(2), 

382F(d), 382M, and 382N of said Act, $11,677,000, to remain available until expended. 

DENALI COMMISSION

For expenses of the Denali Commission including the purchase, 

construction, and acquisition of plant and capital equipment as necessary and other expenses, $10,679,000, to remain available until 

expended, notwithstanding the limitations contained in section 

306(g) of the Denali Commission Act of 1998: Provided, That funds 

shall be available for construction projects in an amount not to exceed 80 percent of total project cost for distressed communities, as 

defined by section 307 of the Denali Commission Act of 1998 (division C, title III, Public Law 105–277), as amended by section 701 

of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A–280), 

and an amount not to exceed 50 percent for non-distressed communities. 


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NORTHERN BORDER REGIONAL COMMISSION

For necessary expenses of the Northern Border Regional Commission in carrying out activities authorized by subtitle V of title 40, 

United States Code, $1,497,000, to remain available until expended: 

Provided, That such amounts shall be available for administrative 

expenses, notwithstanding section 15751(b) of title 40, United States 

Code. 

SOUTHEAST CRESCENT REGIONAL COMMISSION

For necessary expenses of the Southeast Crescent Regional Commission in carrying out activities authorized by subtitle V of title 40, 

United States Code, $250,000, to remain available until expended. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Commission in carrying out the 

purposes of the Energy Reorganization Act of 1974, as amended, 

and the Atomic Energy Act of 1954, as amended, including official 

representation expenses (not to exceed $25,000), $1,027,240,000, to 

remain available until expended: Provided, That of the amount appropriated herein, not more than $9,000,000 may be made available 

for salaries and other support costs for the Office of the Commission: Provided further, That revenues from licensing fees, inspection 

services, and other services and collections estimated at 

$899,726,000 in fiscal year 2012 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 

U.S.C. 3302, and shall remain available until expended: Provided 

further, That the sum herein appropriated shall be reduced by the 

amount of revenues received during fiscal year 2012 so as to result 

in a final fiscal year 2012 appropriation estimated at not more than 

$127,514,000: Provided further, That of the amounts appropriated 

under this heading, $10,000,000 shall be for university research and 

development in areas relevant to their respective organization’s mission, and $5,000,000 shall be for a Nuclear Science and Engineering Grant Program that will support multiyear projects that do not 

align with programmatic missions but are critical to maintaining 

the discipline of nuclear science and engineering. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$10,860,000, to remain available until September 30, 2013: Provided, That revenues from licensing fees, inspection services, and 

other services and collections estimated at $9,774,000 in fiscal year 

2012 shall be retained and be available until expended, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided further, That the 

sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2012 so as to result in a final fiscal 

year 2012 appropriation estimated at not more than $1,086,000. 


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NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

For necessary expenses of the Nuclear Waste Technical Review 

Board, as authorized by Public Law 100–203, section 5051, 

$3,400,000 to be derived from the Nuclear Waste Fund, and to remain available until expended. 

OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA NATURAL GAS

TRANSPORTATION PROJECTS

For necessary expenses for the Office of the Federal Coordinator 

for Alaska Natural Gas Transportation Projects pursuant to the 

Alaska Natural Gas Pipeline Act of 2004, $1,000,000. 

GENERAL PROVISIONS—INDEPENDENT AGENCIES 

SEC. 401. (a) None of the funds provided in this title for ‘‘Nuclear Regulatory Commission—Salaries and Expenses’’ shall be 

available for obligation or expenditure through a reprogramming of 

funds that— 

(1) increases funds or personnel for any program, project, 

or activity for which funds are denied or restricted by this Act; 

or 

(2) reduces funds that are directed to be used for a specific 

program, project, or activity by this Act. 

(b) The Chairman of the Nuclear Regulatory Commission may 

not terminate any program, project, or activity without the approval 

of a majority vote of the Commissioners of the Nuclear Regulatory 

Commission approving such action. 

(c) The Nuclear Regulatory Commission may waive the restriction on reprogramming under subsection (a) on a case-by-case basis 

by certifying to the Committees on Appropriations of the House of 

Representatives and the Senate that such action is required to address national security or imminent risks to public safety. Each 

such waiver certification shall include a letter from the Chairman 

of the Commission that a majority of Commissioners of the Nuclear 

Regulatory Commission have voted and approved the reprogramming waiver certification. 

SEC. 402. The Nuclear Regulatory Commission shall require reactor licensees to re-evaluate the seismic, tsunami, flooding, and 

other external hazards at their sites against current applicable 

Commission requirements and guidance for such licenses as expeditiously as possible, and thereafter when appropriate, as determined 

by the Commission, and require each licensee to respond to the 

Commission that the design basis for each reactor meets the requirements of its license, current applicable Commission requirements 

and guidance for such license. Based upon the evaluations conducted pursuant to this section and other information it deems relevant, the Commission shall require licensees to update the design 

basis for each reactor, if necessary. 


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TITLE V 

GENERAL PROVISIONS 

SEC. 501. None of the funds appropriated by this Act may be 

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

action on any legislation or appropriation matters pending before 

Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. 

SEC. 502. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in this Act or any other appropriation 

Act. 

SEC. 503. None of the funds made available under this Act may 

be expended for any new hire by any Federal agency funded in this 

Act that is not verified through the E-Verify Program as described 

in section 403(a) of the Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 504. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to any corporation that was convicted (or had an officer or agent of such corporation acting on behalf of the corporation 

convicted) of a felony criminal violation under any Federal law 

within the preceding 24 months, where the awarding agency is 

aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent, and 

made a determination that this further action is not necessary to 

protect the interests of the Government. 

SEC. 505. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to, any corporation that has any unpaid Federal tax 

liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not 

being paid in a timely manner pursuant to an agreement with the 

authority responsible for collecting the tax liability, where the 

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

agency has considered suspension or debarment of the corporation 

and made a determination that this further action is not necessary 

to protect the interests of the Government. 

SEC. 506. None of the funds made available by this Act may be 

used in contravention of Executive Order No. 12898 of February 11, 

1994 (‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’). 

This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2012’’. 


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DIVISION C—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2012 

TITLE I 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

For necessary expenses of the Departmental Offices including 

operation and maintenance of the Treasury Building and Annex; 

hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, 

real properties leased or owned overseas, when necessary for the performance of official business; terrorism and financial intelligence 

activities; executive direction program activities; international affairs and economic policy activities; domestic finance and tax policy 

activities; and Treasury-wide management policies and programs 

activities, $308,388,000: Provided, That of the amount appropriated 

under this heading, $100,000,000 is for the Office of Terrorism and 

Financial Intelligence, of which not to exceed $26,608,000 is available for administrative expenses: Provided further, That of the 

amount appropriated under this heading, not to exceed $3,000,000, 

to remain available until September 30, 2013, is for information 

technology modernization requirements; not to exceed $350,000 is 

for official reception and representation expenses; and not to exceed 

$258,000 is for unforeseen emergencies of a confidential nature, to 

be allocated and expended under the direction of the Secretary of 

the Treasury and to be accounted for solely on his certificate: Provided further, That of the amount appropriated under this heading, 

$6,787,000, to remain available until September 30, 2013, is for the 

Treasury-wide Financial Statement Audit and Internal Control Program: Provided further, That of the amount appropriated under this 

heading, $500,000, to remain available until September 30, 2013, is 

for secure space requirements: Provided further, That of the amount 

appropriated under this heading, up to $3,400,000, to remain available until September 30, 2014, is to develop and implement programs within the Office of Critical Infrastructure Protection and 

Compliance Policy, including entering into cooperative agreements: 

Provided further, That notwithstanding any other provision of law, 

of the amount appropriated under this heading, up to $1,000,000 

may be contributed to the Organization for Economic Cooperation 

and Development for the Department’s participation in programs related to global tax administration. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$29,641,000, including hire of passenger motor vehicles; of which 

not to exceed $100,000 shall be available for unforeseen emergencies 

of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; and of which not 


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to exceed $2,500 shall be available for official reception and representation expenses. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for 

Tax Administration in carrying out the Inspector General Act of 

1978, including purchase (not to exceed 150 for replacement only for 

police-type use) and hire of passenger motor vehicles (31 U.S.C. 

1343(b)); services authorized by 5 U.S.C. 3109, at such rates as may 

be determined by the Inspector General for Tax Administration; 

$151,696,000, of which not to exceed $500,000 shall be available for 

unforeseen emergencies of a confidential nature, to be allocated and 

expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available 

for official reception and representation expenses. 

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF

PROGRAM

SALARIES AND EXPENSES

For necessary expenses of the Office of the Special Inspector 

General in carrying out the provisions of the Emergency Economic 

Stabilization Act of 2008 (Public Law 110–343), $41,800,000. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement 

Network, including hire of passenger motor vehicles; travel and 

training expenses, including for course development, of non-Federal 

and foreign government personnel to attend meetings and training 

concerned with domestic and foreign financial intelligence activities, 

law enforcement, and financial regulation; not to exceed $14,000 for 

official reception and representation expenses; and for assistance to 

Federal law enforcement agencies, with or without reimbursement, 

$110,788,000, of which not to exceed $34,335,000 shall remain 

available until September 30, 2014: Provided, That funds appropriated in this account may be used to procure personal services 

contracts. 

TREASURY FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$950,000,000 are rescinded. 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service, $217,805,000, of which not to exceed $4,210,000 shall remain available until September 30, 2014, for information systems modernizaVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00104 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tion initiatives; and of which not to exceed $2,500 shall be available 

for official reception and representation expenses. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the 

Homeland Security Act of 2002, including hire of passenger motor 

vehicles, $99,878,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for laboratory services; 

and provision of laboratory assistance to State and local agencies 

with or without reimbursement: Provided, That of the amount appropriated under this heading, $2,000,000 shall be for the costs of 

special law enforcement agents to target tobacco smuggling and 

other criminal diversion activities. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the 

United States Mint is provided funding through the United States 

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 

including both operating expenses and capital investments. The aggregate amount of new liabilities and obligations incurred during 

fiscal year 2012 under such section 5136 for circulating coinage and 

protective service capital investments of the United States Mint 

shall not exceed $20,000,000. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues of 

the United States, $173,635,000, of which not to exceed $2,500 shall 

be available for official reception and representation expenses, and 

of which not to exceed $10,000,000 shall remain available until September 30, 2014 to reduce improper payments: Provided, That the 

sum appropriated herein from the general fund for fiscal year 2012 

shall be reduced by not more than $8,000,000 as definitive security 

issue fees and Legacy Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2012 

appropriation from the general fund estimated at $165,635,000. In 

addition, $165,000 to be derived from the Oil Spill Liability Trust 

Fund to reimburse the Bureau for administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380. 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994 (Public Law 103–325), including services authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the rate for ES–3, notwithVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00105 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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standing section 4707(e) of title 12, United States Code with regard 

to Small and/or Emerging Community Development Financial Institutions Assistance awards, $221,000,000, to remain available 

until September 30, 2013; of which $12,000,000, notwithstanding 

section 4707(e) of title 12, United States Code, shall be for financial 

assistance, technical assistance, training and outreach programs, 

designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified 

community development lender organizations with experience and 

expertise in community development banking and lending in Indian 

country, Native American organizations, tribes and tribal organizations and other suitable providers; of which, notwithstanding section 108(d) of such Act, up to $22,000,000 shall be for a Healthy 

Food Financing Initiative to provide grants and loans to community 

development financial institutions for the purpose of offering affordable financing and technical assistance to expand the availability of 

healthy food options in distressed communities; of which 

$18,000,000 shall be for the Bank Enterprise Awards program; and 

of which up to $22,965,000 may be used for administrative expenses, including administration of the New Markets Tax Credit; of 

which up to $10,315,000 may be used for the cost of direct loans; 

and of which up to $250,000 may be used for administrative expenses to carry out the direct loan program: Provided, That the cost 

of direct loans, including the cost of modifying such loans, shall be 

as defined in section 502 of the Congressional Budget Act of 1974: 

Provided further, That these funds are available to subsidize gross 

obligations for the principal amount of direct loans not to exceed 

$25,000,000: Provided further, That of the funds awarded under 

this heading, not less than 10 percent shall be used for projects that 

serve populations living in persistent poverty counties (where such 

term is defined as any county that has had 20 percent or more of 

its population living in poverty over the past 30 years, as measured 

by the 1990, 2000, and 2010 decennial censuses). 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and 

other services as authorized by 5 U.S.C. 3109, at such rates as may 

be determined by the Commissioner, $2,239,703,000, of which not 

less than $5,600,000 shall be for the Tax Counseling for the Elderly 

Program, of which not less than $9,750,000 shall be available for 

low-income taxpayer clinic grants, of which not less than 

$12,000,000, to remain available until September 30, 2013, shall be 

available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance, of which 

not less than $205,000,000 shall be available for operating expenses 

of the Taxpayer Advocate Service, and of which $15,481,000 shall 

be for expenses necessary to implement the tax credit in title II of 

division A of the Trade Act of 2002 (Public Law 107–210). 


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ENFORCEMENT

For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, 

to enforce criminal statutes related to violations of internal revenue 

laws and other financial crimes, to purchase (for police-type use, not 

to exceed 850) and hire passenger motor vehicles (31 U.S.C. 

1343(b)), and to provide other services as authorized by 5 U.S.C. 

3109, at such rates as may be determined by the Commissioner, 

$5,299,367,000, of which not less than $60,257,000 shall be for the 

Interagency Crime and Drug Enforcement program. 

OPERATIONS SUPPORT

For necessary expenses of the Internal Revenue Service to support taxpayer services and enforcement programs, including rent 

payments; facilities services; printing; postage; physical security; 

headquarters and other IRS-wide administration activities; research 

and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and security; the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and 

other services as authorized by 5 U.S.C. 3109, at such rates as may 

be determined by the Commissioner; $3,947,416,000, of which up to 

$250,000,000 shall remain available until September 30, 2013, for 

information technology support; of which up to $65,000,000 shall remain available until expended for acquisition of real property, 

equipment, construction and renovation of facilities; of which not to 

exceed $1,000,000 shall remain available until September 30, 2014, 

for research; of which not less than $2,000,000 shall be for the Internal Revenue Service Oversight Board; of which not to exceed 

$25,000 shall be for official reception and representation expenses: 

Provided, That not later than 14 days after the end of each quarter 

of each fiscal year, the Internal Revenue Service shall submit a report to the House and Senate Committees on Appropriations and the 

Comptroller General of the United States detailing the cost and 

schedule performance for its major information technology investments, including the purpose and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks of 

such investments and strategies the Internal Revenue Service is 

using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter: 

Provided further, That the Internal Revenue Service shall include, 

in its budget justification for fiscal year 2013, a summary of cost 

and schedule performance information for its major information 

technology systems. 

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service’s business systems modernization program, $330,210,000, to remain 

available until September 30, 2014, for the capital asset acquisition 

of information technology systems, including management and related contractual costs of said acquisitions, including related Internal Revenue Service labor costs, and contractual costs associated 

with operations authorized by 5 U.S.C. 3109: Provided, That not 

later than 14 days after the end of each quarter of each fiscal year, 


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the Internal Revenue Service shall submit a report to the House and 

Senate Committees on Appropriations and the Comptroller General 

of the United States detailing the cost and schedule performance for 

CADE2 and Modernized e-File information technology investments, 

including the purposes and life-cycle stages of the investments; the 

reasons for any cost and schedule variances; the risks of such investments and the strategies the Internal Revenue Service is using to 

mitigate such risks; and the expected developmental milestones to be 

achieved and costs to be incurred in the next quarter. 

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

SEC. 101. Not to exceed 5 percent of any appropriation made 

available in this Act to the Internal Revenue Service or not to exceed 

3 percent of appropriations under the heading ‘‘Enforcement’’ may 

be transferred to any other Internal Revenue Service appropriation 

upon the advance approval of the Committees on Appropriations. 

SEC. 102. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees are 

trained in taxpayers’ rights, in dealing courteously with taxpayers, 

and in cross-cultural relations. 

SEC. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality 

of taxpayer information and protect taxpayers against identity theft. 

SEC. 104. Funds made available by this or any other Act to the 

Internal Revenue Service shall be available for improved facilities 

and increased staffing to provide sufficient and effective 1–800 help 

line service for taxpayers. The Commissioner shall continue to make 

the improvement of the Internal Revenue Service 1–800 help line 

service a priority and allocate resources necessary to increase phone 

lines and staff to improve the Internal Revenue Service 1–800 help 

line service. 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFERS OF FUNDS)

SEC. 105. Appropriations to the Department of the Treasury in 

this Act shall be available for uniforms or allowances therefor, as 

authorized by law (5 U.S.C. 5901), including maintenance, repairs, 

and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard 

to the general purchase price limitations for vehicles purchased and 

used overseas for the current fiscal year; entering into contracts with 

the Department of State for the furnishing of health and medical 

services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109. 

SEC. 106. Not to exceed 2 percent of any appropriations in this 

Act made available to the Departmental Offices—Salaries and Expenses, Office of Inspector General, Special Inspector General for the 

Troubled Asset Relief Program, Financial Management Service, Alcohol and Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and Bureau of the Public Debt, may be transferred between such appropriations upon the advance approval of 


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the Committees on Appropriations: Provided, That no transfer may 

increase or decrease any such appropriation by more than 2 percent. 

SEC. 107. Not to exceed 2 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s 

appropriation upon the advance approval of the Committees on Appropriations: Provided, That no transfer may increase or decrease 

any such appropriation by more than 2 percent. 

SEC. 108. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of 

the Treasury certifies that the purchase by the respective Treasury 

bureau is consistent with departmental vehicle management principles: Provided, That the Secretary may delegate this authority to 

the Assistant Secretary for Management. 

SEC. 109. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of 

Engraving and Printing may be used to redesign the $1 Federal Reserve note. 

SEC. 110. The Secretary of the Treasury may transfer funds 

from Financial Management Service, Salaries and Expenses to the 

Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the 

Debt Collection Fund. 

SEC. 111. Section 122(g)(1) of Public Law 105–119 (5 U.S.C. 

3104 note), is further amended by striking ‘‘12 years’’ and inserting 

‘‘14 years’’. 

SEC. 112. None of the funds appropriated or otherwise made 

available by this or any other Act may be used by the United States 

Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial 

Services, and the Senate Committee on Banking, Housing and 

Urban Affairs. 

SEC. 113. None of the funds appropriated or otherwise made 

available by this or any other Act or source to the Department of 

the Treasury, the Bureau of Engraving and Printing, and the 

United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the 

House Committee on Financial Services; the Senate Committee on 

Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 114. Funds appropriated by this Act, or made available by 

the transfer of funds in this Act, for the Department of the Treasury’s intelligence or intelligence related activities are deemed to be 

specifically authorized by the Congress for purposes of section 504 

of the National Security Act of 1947 (50 U.S.C. 414) during fiscal 

year 2012 until the enactment of the Intelligence Authorization Act 

for Fiscal Year 2012. 

SEC. 115. Not to exceed $5,000 shall be made available from the 

Bureau of Engraving and Printing’s Industrial Revolving Fund for 

necessary official reception and representation expenses. 


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SEC. 116. Section 5114(c) of title 31, United States Code (relating to engraving and printing currency and security documents), is 

amended by striking ‘‘for a period of not more than 4 years’’. 

SEC. 117. In the current fiscal year and each fiscal year hereafter, any person who forwards to the Bureau of Engraving and 

Printing a mutilated paper currency claim equal to or exceeding 

$10,000 for redemption will be required to provide the Bureau their 

taxpayer identification number. 

SEC. 118. Section 5318(g)(2)(A) of title 31, United States Code, 

is amended— 

(1) by striking clause (i) and inserting the following: 

‘‘(i) neither the financial institution, director, officer, employee, or agent of such institution (whether or 

not any such person is still employed by the institution), nor any other current or former director, officer, 

or employee of, or contractor for, the financial institution or other reporting person, may notify any person 

involved in the transaction that the transaction has 

been reported; and’’; and 

(2) in clause (ii)— 

(A) by striking ‘‘no officer or employee of’’ and inserting 

‘‘no current or former officer or employee of or contractor 

for’’; and 

(B) by inserting ‘‘or for’’ before ‘‘any State’’. 

SEC. 119. Section 5319 of title 31, United States Code (relating 

to availability of reports), is amended by inserting after ‘‘title 5’’ the 

following: ‘‘, and may not be disclosed under any State, local, tribal, 

or territorial ‘freedom of information’, ‘open government’, or similar 

law’’. 

SEC. 120. Section 5331(a) of title 31, United States Code, is 

amended— 

(1) by striking paragraph (1) and inserting the following: 

‘‘(1)(A) who is engaged in a trade or business, and’’; 

(2) by redesignating paragraph (2) as subparagraph (B); 

(3) in subparagraph (B), as so redesignated, by adding ‘‘or’’ 

at the end; and 

(4) by inserting after subparagraph (B), as so redesignated, 

the following new paragraph: 

‘‘(2) who is required to file a report under section 6050I(g) 

of the Internal Revenue Code of 1986,’’. 

SEC. 121. The Secretary of the Treasury shall submit a Capital 

Investment Plan to the Committees on Appropriations of the Senate 

and the House of Representatives not later than 30 days following 

the submission of the annual budget for the Administration submitted by the President: Provided, That such Capital Investment 

Plan shall include capital investment spending from all accounts 

within the Department of the Treasury, including but not limited to 

the Department-wide Systems and Capital Investment Programs account, the Working Capital Fund account, and the Treasury Forfeiture Fund account: Provided further, That such Capital Investment Plan shall include expenditures occurring in previous fiscal 

years for each capital investment project that has not been fully 

completed. 

This title may be cited as the ‘‘Department of the Treasury Appropriations Act, 2012’’. 


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TITLE II 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 

102, $450,000: Provided, That none of the funds made available for 

official expenses shall be expended for any other purpose and any 

unused amount shall revert to the Treasury pursuant to 31 U.S.C. 

1552. 

THE WHITE HOUSE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized by 

law, including not to exceed $3,850,000 for services as authorized by 

5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized 

by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, 

periodicals, and travel (not to exceed $100,000 to be expended and 

accounted for as provided by 3 U.S.C. 103); and not to exceed 

$19,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President; and for necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, $56,974,000. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing, 

improvement, heating, and lighting, including electric power and 

fixtures, of the Executive Residence at the White House and official 

entertainment expenses of the President, $13,425,000, to be expended 

and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112– 

114. 

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at the 

White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be 

made in accordance with the provisions of this paragraph: Provided 

further, That, notwithstanding any other provision of law, such 

amount for reimbursable operating expenses shall be the exclusive 

authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That 

the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the 

estimated cost of the event, and all such advance payments shall be 

credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain 

on deposit $25,000, to be separately accounted for and available for 


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expenses relating to reimbursable political events sponsored by such 

committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount 

owed for a reimbursable operating expense under this paragraph is 

submitted to the person owing such amount within 60 days after 

such expense is incurred, and that such amount is collected within 

30 days after the submission of such notice: Provided further, That 

the Executive Residence shall charge interest and assess penalties 

and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such 

amount that is reimbursed, and any accompanying interest and 

charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive Residence shall prepare 

and submit to the Committees on Appropriations, by not later than 

90 days after the end of the fiscal year covered by this Act, a report 

setting forth the reimbursable operating expenses of the Executive 

Residence during the preceding fiscal year, including the total 

amount of such expenses, the amount of such total that consists of 

reimbursable official and ceremonial events, the amount of such 

total that consists of reimbursable political events, and the portion 

of each such amount that has been reimbursed as of the date of the 

report: Provided further, That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable 

events within the Executive Residence that includes a standard for 

the classification of any such expense as political or nonpolitical: 

Provided further, That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable 

requirement of subchapter I or II of chapter 37 of title 31, United 

States Code. 

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive 

Residence at the White House, $750,000, to remain available until 

expended, for required maintenance, resolution of safety and health 

issues, and continued preventative maintenance. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisers in 

carrying out its functions under the Employment Act of 1946 (15 

U.S.C. 1021 et seq.), $4,192,000. 

NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

For necessary expenses of the National Security Council and the 

Homeland Security Council, including services as authorized by 5 

U.S.C. 3109, $13,048,000. 


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OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and 

hire of passenger motor vehicles, $112,952,000, of which 

$10,403,000 shall remain available until expended for continued 

modernization of the information technology infrastructure within 

the Executive Office of the President. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 and to carry out the provisions of chapter 

35 of title 44, United States Code, $89,456,000, of which not to exceed $3,000 shall be available for official representation expenses: 

Provided, That none of the funds appropriated in this Act for the 

Office of Management and Budget may be used for the purpose of 

reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none 

of the funds made available for the Office of Management and 

Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or their subcommittees: Provided further, 

That none of the funds provided in this or prior Acts shall be used, 

directly or indirectly, by the Office of Management and Budget, for 

evaluating or determining if water resource project or study reports 

submitted by the Chief of Engineers acting through the Secretary of 

the Army are in compliance with all applicable laws, regulations, 

and requirements relevant to the Civil Works water resource planning process: Provided further, That the Office of Management and 

Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of 

Engineers has reported: Provided further, That the Director of the 

Office of Management and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is 

initiated: Provided further, That if water resource reports have not 

been transmitted to the appropriate authorizing and appropriating 

committees within 15 days after the end of the Office of Management and Budget review period based on the notification from the 

Director, Congress shall assume Office of Management and Budget 

concurrence with the report and act accordingly. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 2006 (Public Law 109– 

469); not to exceed $10,000 for official reception and representation 


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expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, or 

public organizations or agencies, with or without reimbursement, 

$24,500,000: Provided, That the Office is authorized to accept, hold, 

administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$238,522,000, to remain available until September 30, 2013, for 

drug control activities consistent with the approved strategy for each 

of the designated High Intensity Drug Trafficking Areas 

(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred 

to State and local entities for drug control activities and shall be 

obligated not later than 120 days after enactment of this Act: Provided, That up to 49 percent may be transferred to Federal agencies 

and departments in amounts determined by the Director of the Office of National Drug Control Policy, of which up to $2,700,000 may 

be used for auditing services and associated activities (including up 

to $500,000 to ensure the continued operation and maintenance of 

the Performance Management System): Provided further, That, notwithstanding the requirements of Public Law 106–58, any unexpended funds obligated prior to fiscal year 2010 may be used for 

any other approved activities of that HIDTA, subject to reprogramming requirements: Provided further, That each HIDTA designated 

as of September 30, 2011, shall be funded at not less than the fiscal 

year 2011 base level, unless the Director submits to the Committees 

on Appropriations of the House of Representatives and the Senate 

justification for changes to those levels based on clearly articulated 

priorities and published Office of National Drug Control Policy performance measures of effectiveness: Provided further, That the Director shall notify the Committees on Appropriations of the initial 

allocation of fiscal year 2012 funding among HIDTAs not later than 

45 days after enactment of this Act, and shall notify the Committees 

of planned uses of discretionary HIDTA funding, as determined in 

consultation with the HIDTA Directors, not later than 90 days after 

enactment of this Act. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For other drug control activities authorized by the Office of National Drug Control Policy Reauthorization Act of 2006 (Public Law 

109–469), $105,550,000, to remain available until expended, which 

shall be available as follows: $92,000,000 for the Drug-Free Communities Program, of which $2,000,000 shall be made available as 

directed by section 4 of Public Law 107–82, as amended by Public 

Law 109–469 (21 U.S.C. 1521 note); $1,400,000 for drug court 

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ties; $1,900,000 for the United States membership dues to the World 

Anti-Doping Agency; and $1,250,000 shall be made available as directed by section 1105 of Public Law 109–469. 

INTEGRATED, EFFICIENT AND EFFECTIVE USES OF INFORMATION

TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the furtherance of integrated, efficient and effective uses of information technology in the Federal 

Government, $5,000,000, to remain available until expended: Provided, That the Director of the Office of Management and Budget 

may transfer these funds to one or more other agencies to carry out 

projects to meet these purposes: Provided further, That the Director 

of the Office of Management and Budget shall submit quarterly reports to the Committees on Appropriations of the House and the 

Senate identifying the savings achieved by the Office of Management and Budget’s government-wide information technology reform 

efforts: Provided further, That such report shall include savings 

identified by fiscal year, agency and appropriation. 

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal 

year, as authorized by 3 U.S.C. 108, $988,000, to remain available 

until September 30, 2013. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide 

assistance to the President in connection with specially assigned 

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

106, including subsistence expenses as authorized by 3 U.S.C. 106, 

which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $4,328,000. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the 

extent not otherwise provided for, heating and lighting, including 

electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 

for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $307,000: Provided, That advances or repayments or transfers from this appropriation may be 

made to any department or agency for expenses of carrying out such 

activities. 


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ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

SEC. 201. From funds made available in this Act under the 

headings ‘‘The White House’’, ‘‘Executive Residence at the White 

House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the 

President’’, and ‘‘Official Residence of the Vice President’’, the Director of the Office of Management and Budget (or such other officer 

as the President may designate in writing), may, 15 days after giving notice to the Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of any 

such appropriation to any other such appropriation, to be merged 

with and available for the same time and for the same purposes as 

the appropriation to which transferred: Provided, That the amount 

of an appropriation shall not be increased by more than 50 percent 

by such transfers: Provided further, That no amount shall be transferred from ‘‘Special Assistance to the President’’ or ‘‘Official Residence of the Vice President’’ without the approval of the Vice President. 

SEC. 202. The Director of the Office of Management and Budget 

shall submit to the Committees on Appropriations of the House and 

the Senate a report on the implementation of Executive Order 13563 

(76 Fed. Reg. 3821; relating to Improving Regulation and Regulatory Review) by April 2, 2012. The report shall include information on— 

(a) increasing public participation in the rulemaking process 

and reducing uncertainty; 

(b) improving coordination across Federal agencies to eliminate 

redundant, inconsistent, and overlapping regulations; and 

(c) identifying existing regulations that have been reviewed and 

determined to be outmoded, ineffective, or excessively burdensome. 

SEC. 203. Within 120 days after the date of enactment of this 

section, the Director of the Office of Management and Budget shall 

submit a report to the Committees on Appropriations of the House 

and the Senate on the costs of implementing the Dodd-Frank Wall 

Street Reform and Consumer Protection Act (Public Law 111–203). 

Such report shall include— 

(1) the estimated mandatory and discretionary obligations 

of funds through fiscal year 2014, by Federal agency and by fiscal year, including— 

(A) the estimated obligations by cost inputs such as 

rent, information technology, contracts, and personnel; 

(B) the methodology and data sources used to calculate 

such estimated obligations; and 

(C) the specific section of such Act that requires the obligation of funds; and 

(2) the estimated receipts through fiscal year 2014 from assessments, user fees, and other fees by the Federal agency making the collections, by fiscal year, including— 

(A) the methodology and data sources used to calculate 

such estimated collections; and 


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(B) the specific section of such Act that authorizes the 

collection of funds. 

SEC. 204. The Director of the Office of National Drug Control 

Policy shall submit to the Committees on Appropriations of the 

House of Representatives and the Senate not later than 60 days 

after the date of enactment of this Act, and prior to the initial obligation of more than 20 percent of the funds appropriated in any account under the heading ‘‘Office of National Drug Control Policy’’, 

a detailed narrative and financial plan on the proposed uses of all 

funds under the account by program, project, and activity: Provided, 

That the reports required by this section shall be updated and submitted to the Committees on Appropriations every 6 months and 

shall include information detailing how the estimates and assumptions contained in previous reports have changed: Provided further, 

That any new projects and changes in funding of ongoing projects 

shall be subject to the prior approval of the Committees on Appropriations. 

SEC. 205. Not to exceed 2 percent of any appropriations in this 

Act made available to the Office of National Drug Control Policy 

may be transferred between appropriated programs upon the advance approval of the Committees on Appropriations: Provided, 

That no transfer may increase or decrease any such appropriation 

by more than 3 percent. 

SEC. 206. Not to exceed $1,000,000 of any appropriations in this 

Act made available to the Office of National Drug Control Policy 

may be reprogrammed within a program, project, or activity upon 

the advance approval of the Committees on Appropriations. 

SEC. 207. From the unobligated balances of prior year appropriations made available for the Counterdrug Technology Assessment Center, $5,244,639 are rescinded. 

SEC. 208. From the unobligated balances of prior year appropriations made available for Other Federal Drug Control Programs, 

$359,958 for a chronic users study and $5,723,403 for the National 

Anti-Drug Youth Media Campaign are rescinded. 

SEC. 209. Of the unobligated balances available under the 

heading ‘‘Executive Office of the President and Funds Appropriated 

to the President—Partnership Fund for Program Integrity Innovation’’ in title II of division C of the Consolidated Appropriations Act, 

2010 (Public Law 111–117), $10,000,000 are rescinded. In addition 

to the amounts made available under such heading in this Act, 

$10,000,000 are appropriated, to remain available until September 

30, 2013. 

This title may be cited as the ‘‘Executive Office of the President 

Appropriations Act, 2012’’. 

TITLE III 

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, 

as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an 


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automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor 

vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed 

$10,000 for official reception and representation expenses; and for 

miscellaneous expenses, to be expended as the Chief Justice may approve, $74,819,000, of which $2,000,000 shall remain available 

until expended. 

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect 

by 40 U.S.C. 6111 and 6112, $8,159,000, to remain available until 

expended. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and 

employees, and for necessary expenses of the court, as authorized by 

law, $32,511,000. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of the 

officers and employees of the court, services, and necessary expenses 

of the court, as authorized by law, $21,447,000. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges 

of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United 

States Court of Federal Claims, bankruptcy judges, magistrate 

judges, and all other officers and employees of the Federal Judiciary 

not otherwise specifically provided for, necessary expenses of the 

courts, and the purchase, rental, repair, and cleaning of uniforms 

for Probation and Pretrial Services Office staff, as authorized by 

law, $5,015,000,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available 

until expended for space alteration projects and for furniture and 

furnishings related to new space alteration and construction 

projects. 

In addition, for expenses of the United States Court of Federal 

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed 

$5,000,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to 


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represent persons under 18 U.S.C. 3006A and 3599, and for the 

compensation and reimbursement of expenses of persons furnishing 

investigative, expert, and other services for such representations as 

authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation 

and reimbursement of expenses of attorneys appointed to represent 

jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) 

in connection with certain judicial civil forfeiture proceedings; the 

compensation and reimbursement of travel expenses of guardians ad 

litem appointed under 18 U.S.C. 4100(b); and for necessary training 

and general administrative expenses, $1,031,000,000, to remain 

available until expended. 

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C. 1871 

and 1876; compensation of jury commissioners as authorized by 28 

U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of 

Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), $51,908,000, to 

remain available until expended: Provided, That the compensation 

of land commissioners shall not exceed the daily equivalent of the 

highest rate payable under 5 U.S.C. 5332. 

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses, not otherwise provided for, incident to 

the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and 

the procurement, installation, and maintenance of security systems 

and equipment for United States courthouses and other facilities 

housing Federal court operations, including building ingress-egress 

control, inspection of mail and packages, directed security patrols, 

perimeter security, basic security services provided by the Federal 

Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act 

(Public Law 100–702), $500,000,000, of which not to exceed 

$15,000,000 shall remain available until expended, to be expended 

directly or transferred to the United States Marshals Service, which 

shall be responsible for administering the Judicial Facility Security 

Program consistent with standards or guidelines agreed to by the 

Director of the Administrative Office of the United States Courts 

and the Attorney General. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the 

United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as auVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00119 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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thorized by 31 U.S.C. 1343(b), advertising and rent in the District 

of Columbia and elsewhere, $82,909,000, of which not to exceed 

$8,500 is authorized for official reception and representation expenses. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $27,000,000; of which $1,800,000 

shall remain available through September 30, 2013, to provide education and training to Federal court personnel; and of which not to 

exceed $1,500 is authorized for official reception and representation 

expenses. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as authorized by 28 U.S.C. 377(o), $86,968,000; to the Judicial Survivors’ 

Annuities Fund, as authorized by 28 U.S.C. 376(c), $12,600,000; 

and to the United States Court of Federal Claims Judges’ Retirement Fund, as authorized by 28 U.S.C. 178(l), $4,200,000. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $16,500,000, of 

which not to exceed $1,000 is authorized for official reception and 

representation expenses. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS)

SEC. 301. Appropriations and authorizations made in this title 

which are available for salaries and expenses shall be available for 

services as authorized by 5 U.S.C. 3109. 

SEC. 302. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Judiciary in this Act 

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District 

Courts, and Other Judicial Services, Fees of Jurors and Commissioners’’, shall be increased by more than 10 percent by any such 

transfers: Provided, That any transfer pursuant to this section shall 

be treated as a reprogramming of funds under sections 604 and 608 

of this Act and shall not be available for obligation or expenditure 

except in compliance with the procedures set forth in section 608. 

SEC. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for ‘‘Courts of Appeals, District 

Courts, and Other Judicial Services’’ shall be available for official 

reception and representation expenses of the Judicial Conference of 

the United States: Provided, That such available funds shall not exVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00120 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as 

Secretary of the Judicial Conference. 

SEC. 304. Section 3314(a) of title 40, United States Code, shall 

be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it appears. 

SEC. 305. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals 

Service shall provide, for such courthouses as its Director may designate in consultation with the Director of the Administrative Office 

of the United States Courts, for purposes of a pilot program, the security services that 40 U.S.C. 1315 authorizes the Department of 

Homeland Security to provide, except for the services specified in 40 

U.S.C. 1315(b)(2)(E). For building-specific security services at these 

courthouses, the Director of the Administrative Office of the United 

States Courts shall reimburse the United States Marshals Service 

rather than the Department of Homeland Security. 

SEC. 306. Section 203(c) of the Judicial Improvements Act of 

1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended— 

(1) in the third sentence (relating to the District of Kansas), 

by striking ‘‘20 years’’ and inserting ‘‘21 years’’; and 

(2) in the seventh sentence (related to the District of Hawaii), by striking ‘‘17 years’’ and inserting ‘‘18 years’’. 

This title may be cited as the ‘‘Judiciary Appropriations Act, 

2012’’. 

TITLE IV 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition 

support, $30,000,000, to remain available until expended: Provided, 

That such funds, including any interest accrued thereon, may be 

used on behalf of eligible District of Columbia residents to pay an 

amount based upon the difference between in-State and out-of-State 

tuition at public institutions of higher education, or to pay up to 

$2,500 each year at eligible private institutions of higher education: 

Provided further, That the awarding of such funds may be 

prioritized on the basis of a resident’s academic merit, the income 

and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition 

Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the 

account shall be under the control of the District of Columbia Chief 

Financial Officer, who shall use those funds solely for the purposes 

of carrying out the Resident Tuition Support Program: Provided 

further, That the Office of the Chief Financial Officer shall provide 


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a quarterly financial report to the Committees on Appropriations of 

the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

For a Federal payment of necessary expenses, as determined by 

the Mayor of the District of Columbia in written consultation with 

the elected county or city officials of surrounding jurisdictions, 

$14,900,000, to remain available until expended and in addition 

any funds that remain available from prior year appropriations 

under this heading for the District of Columbia Government, for the 

costs of providing public safety at events related to the presence of 

the national capital in the District of Columbia, including support 

requested by the Director of the United States Secret Service Division in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support 

to respond to immediate and specific terrorist threats or attacks in 

the District of Columbia or surrounding jurisdictions. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, 

$232,841,000 to be allocated as follows: for the District of Columbia 

Court of Appeals, $12,830,000, of which not to exceed $2,500 is for 

official reception and representation expenses; for the District of Columbia Superior Court, $114,209,000, of which not to exceed $2,500 

is for official reception and representation expenses; for the District 

of Columbia Court System, $66,712,000, of which not to exceed 

$2,500 is for official reception and representation expenses; and 

$39,090,000, to remain available until September 30, 2013, for capital improvements for District of Columbia courthouse facilities: 

Provided, That funds made available for capital improvements 

shall be expended consistent with the District of Columbia Courts 

master plan study and building evaluation report: Provided further, 

That notwithstanding any other provision of law, all amounts 

under this heading shall be apportioned quarterly by the Office of 

Management and Budget and obligated and expended in the same 

manner as funds appropriated for salaries and expenses of other 

Federal agencies: Provided further, That 30 days after providing 

written notice to the Committees on Appropriations of the House of 

Representatives and the Senate, the District of Columbia Courts 

may reallocate not more than $3,000,000 of the funds provided 

under this heading among the items and entities funded under this 

heading but no such allocation shall be increased by more than 10 

percent. 

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF

COLUMBIA COURTS

(INCLUDING TRANSFER OF FUNDS)

For payments authorized under section 11–2604 and section 11– 

2605, D.C. Official Code (relating to representation provided under 

the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior 


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Court of the District of Columbia under chapter 23 of title 16, D.C. 

Official Code, or pursuant to contractual agreements to provide 

guardian ad litem representation, training, technical assistance, 

and such other services as are necessary to improve the quality of 

guardian ad litem representation, payments for counsel appointed 

in adoption proceedings under chapter 3 of title 16, D.C. Official 

Code, and payments authorized under section 21–2060, D.C. Official 

Code (relating to services provided under the District of Columbia 

Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $55,000,000, to remain available until expended: 

Provided, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the 

District of Columbia: Provided further, That notwithstanding any 

other provision of law, this appropriation shall be apportioned 

quarterly by the Office of Management and Budget and obligated 

and expended in the same manner as funds appropriated for expenses of other Federal agencies: Provided further, That not more 

than $10,000,000 of the funds provided in this account may be 

transferred to, and merged with, funds made available under the 

heading ‘‘Federal Payment to the District of Columbia Courts’’ for 

District of Columbia courthouse facilities. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire of 

motor vehicles, of the Court Services and Offender Supervision 

Agency for the District of Columbia, as authorized by the National 

Capital Revitalization and Self-Government Improvement Act of 

1997, $212,983,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $1,000,000 shall remain 

available until September 30, 2014 for relocation of the Pretrial 

Services Agency drug testing laboratory; of which $153,548,000 

shall be for necessary expenses of Community Supervision and Sex 

Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $59,435,000 shall be 

available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and 

Budget and obligated and expended in the same manner as funds 

appropriated for salaries and expenses of other Federal agencies: 

Provided further, That not less than $1,500,000 shall be available 

for re-entrant housing in the District of Columbia: Provided further, 

That the Director is authorized to accept and use gifts in the form 

of in-kind contributions of space and hospitality to support offender 

and defendant programs, and equipment and vocational training 

services to educate and train offenders and defendants: Provided 

further, That the Director shall keep accurate and detailed records 

of the acceptance and use of any gift or donation under the previous 

proviso, and shall make such records available for audit and public 

inspection: Provided further, That the Court Services and Offender 


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Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and 

services provided on a cost reimbursable basis. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

For salaries and expenses, including the transfer and hire of 

motor vehicles, of the District of Columbia Public Defender Service, 

as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $37,241,000: Provided, That notwithstanding any other provision of law, all amounts under this 

heading shall be apportioned quarterly by the Office of Management 

and Budget and obligated and expended in the same manner as 

funds appropriated for salaries and expenses of Federal agencies. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

For a Federal payment to the District of Columbia Water and 

Sewer Authority, $15,000,000, to remain available until expended, 

to continue implementation of the Combined Sewer Overflow LongTerm Plan: Provided, That the District of Columbia Water and 

Sewer Authority provides a 100 percent match for this payment. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

For a Federal payment to the Criminal Justice Coordinating 

Council, $1,800,000, to remain available until expended, to support 

initiatives related to the coordination of Federal and local criminal 

justice resources in the District of Columbia. 

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

For a Federal payment, to remain available until September 30, 

2013, to the Commission on Judicial Disabilities and Tenure, 

$295,000, and for the Judicial Nomination Commission, $205,000. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program in 

the District of Columbia, $60,000,000, to remain available until expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112–10). 

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

For a Federal payment to the District of Columbia National 

Guard, $375,000, to remain available until expended for the Major 

General David F. Wherley, Jr. District of Columbia National Guard 

Retention and College Access Program. 

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, 

human immunodeficiency virus and acquired immunodeficiency 

syndrome in the District of Columbia, $5,000,000. 


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DISTRICT OF COLUMBIA FUNDS

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the 

District of Columbia (‘‘General Fund’’), except as otherwise specifically provided: Provided, That notwithstanding any other provision 

of law, except as provided in section 450A of the District of Columbia Home Rule Act, (114 Stat. 2440; D.C. Official Code, section 1– 

204.50a) and provisions of this Act, the total amount appropriated 

in this Act for operating expenses for the District of Columbia for 

fiscal year 2012 under this heading shall not exceed the lesser of the 

sum of the total revenues of the District of Columbia for such fiscal 

year or $10,916,966,000 (of which $6,208,646,000 shall be from 

local funds, (including $526,594,000 from dedicated taxes), 

$1,015,449,000 shall be from Federal grant funds, $1,499,115,000 

from Medicaid payments, $2,040,504,000 shall be from other funds, 

and $25,677,000 shall be from private funds, and $127,575,000 

shall be from funds previously appropriated in this Act as Federal 

payments: Provided further, That of the local funds, such amounts 

as may be necessary may be derived from the District’s General 

Fund balance: Provided further, That of these funds the District’s 

intra-District authority shall be $619,632,000: in addition, for capital construction projects, an increase of $4,007,501,000, of which 

$2,934,011,000 shall be from local funds, $223,858,000 from the 

District of Columbia Highway Trust Fund, $33,140,000 from the 

Local Transportation Fund, $816,492,000 from Federal grant 

funds, and a rescission of $2,849,882,000 of which $1,796,345,000 

shall be from local funds, $749,426,000 from Federal grant funds, 

$252,694,000 from the District of Columbia Highway Trust Fund, 

and $51,416,000 from the Local Transportation Fund appropriated 

under this heading in prior fiscal years, for a net amount of 

$1,157,619,000, to remain available until expended: Provided further, That the amounts provided under this heading are to be available, allocated, and expended as proposed under title III of the Fiscal Year 2012 Budget Request Act of 2011, at the rate set forth 

under ‘‘District of Columbia Funds Division of Expenses’’ as included in the Fiscal Year 2012 Proposed Budget and Financial Plan 

submitted to the Congress by the District of Columbia: Provided further, That this amount may be increased by proceeds of one-time 

transactions, which are expended for emergency or unanticipated 

operating or capital needs: Provided further, That such increases 

shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary 

to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal 

year 2012, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, 

or other obligations issued for capital projects. 

This title may be cited as the ‘‘District of Columbia Appropriations Act, 2012’’. 


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TITLE V 

INDEPENDENT AGENCIES 

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

For necessary expenses of the Administrative Conference of the 

United States, authorized by 5 U.S.C. 591 et seq., $2,900,000, to remain available until September 30, 2013, of which not to exceed 

$1,000 is for official reception and representation expenses. 

CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Christopher Columbus Fellowship Foundation, established by section 423 of Public Law 102–281, $450,000, 

to remain available until expended. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 

the per diem rate equivalent to the maximum rate payable under 5 

U.S.C. 5376, purchase of nominal awards to recognize non-Federal 

officials’ contributions to Commission activities, and not to exceed 

$4,000 for official reception and representation expenses, 

$114,500,000, of which $500,000 shall remain available until September 30, 2013, to implement the Virginia Graeme Baker Pool and 

Spa Safety Act grant program as provided by section 1405 of Public 

Law 100–140 (15 U.S.C. 8004). 

ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT SAFETY

COMMISSION

SEC. 501. Section 4(g) of the Consumer Product Safety Act (15 

U.S.C. 2053(g)) is amended by adding at the end the following: 

‘‘(5) The Chairman may provide to officers and employees 

of the Commission who are appointed or assigned by the Commission to serve abroad (as defined in section 102 of the Foreign Service Act of 1980 (22 U.S.C. 3902)) travel benefits similar to those authorized for members of the Foreign Service of 

the United Service under chapter 9 of such Act (22 U.S.C. 4081 

et seq.).’’. 

SEC. 502. (a) EXTENSION OF GRANT PROGRAM.—Section 1405(e) 

of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 

8004(e)) is amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 

(b) NEW SWIMMING POOLS.—Section 1405(b) of the Virginia 

Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004(b)) is 

amended by inserting ‘‘constructed after the date that is 6 months 

after the date of enactment of the Financial Services and General 

Government Appropriations Act, 2012’’ after ‘‘swimming pools’’. 


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SEC. 503. Not later than 1 year after the date of the enactment 

of this Act, the Comptroller General of the United States shall conduct an analysis of the potential safety risks associated with new 

and emerging consumer products, including chemicals and other 

materials used in their manufacture, taking into account the ability 

and authority of the Consumer Product Safety Commission— 

(1) to identify, assess, and address such risks in a timely 

manner; and 

(2) to keep abreast of the effects of new and emerging consumer products on public health and safety. 

SEC. 504. Not later than 150 days after the date of the enactment of this Act, the Comptroller General of the United States shall 

conduct an analysis of— 

(1) the extent to which manufacturers comply with voluntary industry standards for consumer products, particularly 

with respect to inexpensive, imported products; 

(2) whether there are consequences for such manufacturers 

for failing to comply with such standards; 

(3) whether the Consumer Product Safety Commission has 

the authority and the ability to require compliance with such 

standards; and 

(4) whether there are patterns of non-compliance with such 

standards among certain types of products or certain types of 

manufacturers. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the Help America Vote Act 

of 2002 (Public Law 107–252), $11,500,000, of which $2,750,000 

shall be transferred to the National Institute of Standards and 

Technology for election reform activities authorized under the Help 

America Vote Act of 2002, and of which $1,250,000 shall be for the 

Office of Inspector General. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed $4,000 

for official reception and representation expenses; purchase and hire 

of motor vehicles; special counsel fees; and services as authorized by 

5 U.S.C. 3109, $339,844,000: Provided, That $339,844,000 of offsetting collections shall be assessed and collected pursuant to section 

9 of title I of the Communications Act of 1934, shall be retained and 

used for necessary expenses in this appropriation, and shall remain 

available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2012 so as to result in a final fiscal year 

2012 appropriation estimated at $0: Provided further, That any offsetting collections received in excess of $339,844,000 in fiscal year 

2012 shall not be available for obligation: Provided further, That reVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00127 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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maining offsetting collections from prior years collected in excess of 

the amount specified for collection in each such year and otherwise 

becoming available on October 1, 2011, shall not be available for 

obligation: Provided further, That notwithstanding 47 U.S.C. 

309(j)(8)(B), proceeds from the use of a competitive bidding system 

that may be retained and made available for obligation shall not 

exceed $85,000,000 for fiscal year 2012: Provided further, That of 

the amount appropriated under this heading, not less than 

$9,750,000 shall be for the salaries and expenses of the Office of Inspector General. 

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

COMMISSION

SEC. 510. Section 302 of the Universal Service Antideficiency 

Temporary Suspension Act is amended by striking ‘‘December 31, 

2011’’, each place it appears and inserting ‘‘December 31, 2013’’. 

SEC. 511. None of the funds appropriated by this Act may be 

used by the Federal Communications Commission to modify, 

amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. 

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$45,261,000, to be derived from the Deposit Insurance Fund or, only 

when appropriate, the FSLIC Resolution Fund. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $66,367,000, of which not to exceed 

$5,000 shall be available for reception and representation expenses. 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal 

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including 

services authorized by 5 U.S.C. 3109, and including hire of experts 

and consultants, hire of passenger motor vehicles, and including official reception and representation expenses (not to exceed $1,500) 

and rental of conference rooms in the District of Columbia and elsewhere, $24,723,000: Provided, That public members of the Federal 

Service Impasses Panel may be paid travel expenses and per diem 

in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That 


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notwithstanding 31 U.S.C. 3302, funds received from fees charged 

to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be 

available without further appropriation for the costs of carrying out 

these conferences. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $311,563,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

available for use to contract with a person or persons for collection 

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to exceed $108,000,000 of offsetting collections derived from fees collected 

for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the 

year of collection, shall be retained and used for necessary expenses 

in this appropriation: Provided further, That, notwithstanding any 

other provision of law, not to exceed $21,000,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and 

Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), 

shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further, That the 

sum herein appropriated from the general fund shall be reduced as 

such offsetting collections are received during fiscal year 2012, so as 

to result in a final fiscal year 2012 appropriation from the general 

fund estimated at not more than $182,563,000: Provided further, 

That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 

of the Federal Deposit Insurance Act (12 U.S.C. 1831t). 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

Amounts in the Fund, including revenues and collections deposited into the Fund shall be available for necessary expenses of real 

property management and related activities not otherwise provided 

for, including operation, maintenance, and protection of federally 

owned and leased buildings; rental of buildings in the District of 

Columbia; restoration of leased premises; moving governmental 

agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and 

transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally 

owned buildings including grounds, approaches and appurtenances; 


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care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, 

condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of 

federally owned buildings; preliminary planning and design of 

projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, 

interest, and any other obligations for public buildings acquired by 

installment purchase and purchase contract; in the aggregate 

amount of $8,017,967,000, of which: (1) $50,000,000 shall remain 

available until expended for construction and acquisition (including 

funds for sites and expenses, and associated design and construction 

services): Provided, That the General Services Administration shall 

submit a detailed plan, by project, regarding the use of funds to the 

Committees on Appropriations of the House of Representatives and 

the Senate within 30 days of enactment of this section and will provide notification to the Committees within 15 days prior to any 

changes regarding the use of these funds; (2) $280,000,000 shall remain available until expended for repairs and alterations, which includes associated design and construction services, of which 

$260,000,000 is for Basic Repairs and Alterations and $20,000,000 

is for a Judiciary Capital Security program: Provided further, That 

funds made available in this or any previous Act in the Federal 

Buildings Fund for Repairs and Alterations shall, for prospectus 

projects, be limited to the amount identified for each project, except 

each project in this or any previous Act may be increased by an 

amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: 

Provided further, That additional projects for which prospectuses 

have been fully approved may be funded under this category only 

if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any 

prior Act for ‘‘Repairs and Alterations’’ may be used to fund costs 

associated with implementing security improvements to buildings 

necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming 

guidelines of the appropriate Committees of the House and Senate: 

Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under 

the heading ‘‘Repairs and Alterations’’, may be transferred to Basic 

Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2013 and 

remain in the Federal Buildings Fund except funds for projects as 

to which funds for design or other funds have been obligated in 

whole or in part prior to such date: Provided further, That the 

amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising 

from any projects under the heading ‘‘Repairs and Alterations’’ or 

used to fund authorized increases in prospectus projects; (3) 

$126,801,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $5,210,198,000 for rental of space which shall remain 

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ther, That funds available to the General Services Administration 

shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 

40 U.S.C. 3307(a), has not been approved, except that necessary 

funds may be expended for each project for required expenses for the 

development of a proposed prospectus: Provided further, That funds 

available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to 

provide reimbursable special services to other agencies under 40 

U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, 

lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate 

to enable the United States Secret Service to perform its protective 

functions pursuant to 18 U.S.C. 3056, shall be available from such 

revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal 

year 2012, excluding reimbursements under 40 U.S.C. 592(b)(2) in 

excess of the aggregate new obligational authority authorized for 

Real Property Activities of the Federal Buildings Fund in this Act 

shall remain in the Fund and shall not be available for expenditure 

except as authorized in appropriations Acts. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for, for 

Government-wide policy and evaluation activities associated with 

the management of real and personal property assets and certain 

administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information 

technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $61,115,000. 

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for, for 

Government-wide activities associated with utilization and donation 

of surplus personal property; disposal of real property; agency-wide 

policy direction, management, and communications; the Civilian 

Board of Contract Appeals; services as authorized by 5 U.S.C. 3109; 

and not to exceed $7,500 for official reception and representation expenses; $69,500,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and 

service authorized by 5 U.S.C. 3109, $58,000,000: Provided, That 

not to exceed $15,000 shall be available for payment for information 

and detection of fraud against the Government, including payment 

for recovery of stolen Government property: Provided further, That 

not to exceed $2,500 shall be available for awards to employees of 

other Federal agencies and private citizens in recognition of efforts 

and initiatives resulting in enhanced Office of Inspector General effectiveness. 


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ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in support of interagency projects that 

enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation 

of innovative uses of the Internet and other electronic methods, 

$12,400,000, to remain available until expended: Provided, That 

these funds may be transferred to Federal agencies to carry out the 

purpose of the Fund: Provided further, That this transfer authority 

shall be in addition to any other transfer authority provided in this 

Act: Provided further, That such transfers may not be made until 

10 days after a proposed spending plan and explanation for each 

project to be undertaken has been submitted to the Committees on 

Appropriations of the House of Representatives and the Senate. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

For carrying out the provisions of the Act of August 25, 1958 

(3 U.S.C. 102 note), and Public Law 95–138, $3,671,000. 

FEDERAL CITIZEN SERVICES FUND

For necessary expenses of the Office of Citizen Services and Innovative Technologies, including services authorized by 5 U.S.C. 

3109, $34,100,000, to be deposited into the Federal Citizen Services 

Fund: Provided, That the appropriations, revenues, and collections 

deposited into the Fund shall be available for necessary expenses of 

Federal Citizen Services activities in the aggregate amount not to 

exceed $90,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2012 in excess of such amount 

shall remain in the Fund and shall not be available for expenditure 

except as authorized in appropriations Acts. 

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS AND RESCISSION)

SEC. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 

SEC. 521. Funds in the Federal Buildings Fund made available 

for fiscal year 2012 for Federal Buildings Fund activities may be 

transferred between such activities only to the extent necessary to 

meet program requirements: Provided, That any proposed transfers 

shall be approved in advance to the Committees on Appropriations 

of the House of Representatives and the Senate. 

SEC. 522. Except as otherwise provided in this title, funds made 

available by this Act shall be used to transmit a fiscal year 2013 

request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the 

Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. 


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SEC. 523. None of the funds provided in this Act may be used 

to increase the amount of occupiable square feet, provide cleaning 

services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does 

not pay the rate per square foot assessment for space and services 

as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 (Public Law 

92–313). 

SEC. 524. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, 

claims against the Government of less than $250,000 arising from 

direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with 

prior notification to the Committees on Appropriations of the House 

of Representatives and the Senate. 

SEC. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Environment and Public Works of the Senate adopt 

a resolution granting lease authority pursuant to a prospectus 

transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall 

ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area 

of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on 

Appropriations of the House of Representatives and the Senate prior 

to exercising any lease authority provided in the resolution. 

SEC. 526. Section 1703 of title 41 U.S.C. is amended in paragraph (i)(6) by: 

(1) deleting ‘‘for training’’; and 

(2) deleting ‘‘paragraph (2)’’ and inserting in lieu thereof 

‘‘subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this 

title’’. 

SEC. 527. Of the amounts made available under the heading 

‘‘Policy and Operations’’ for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor’s Island, 

New York and the Lorton Correctional Facility in Lorton, Virginia 

in prior years whether appropriated directly to the General Services 

Administration (GSA) or to any other agency of the Government and 

received by GSA for such purpose, $4,600,000 are rescinded. 

SEC. 528. Within 120 days of enactment, the General Services 

Administration shall submit a detailed report to the Committees on 

Appropriations of the House of Representatives and the Senate that 

describes each program, project, or activity that is funded by appropriations to General Services Administration but is not under the 

control or direction, in statute or in practice, of the Administrator 

of General Services. 


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HARRY S TRUMAN SCHOLARSHIP FOUNDATION

SALARIES AND EXPENSES

For payment to the Harry S Truman Scholarship Foundation 

Trust Fund, established by section 10 of Public Law 93–642, 

$748,000, to remain available until expended. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 

2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109, rental of conference rooms in 

the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed 

$2,000 for official reception and representation expenses, 

$40,258,000, to remain available until September 30, 2013, together 

with not to exceed $2,345,000, to remain available until September 

30, 2013, for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. 

MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

For payment to the Morris K. Udall and Stewart L. Udall Trust 

Fund, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to remain available 

until expended, of which, notwithstanding sections 8 and 9 of such 

Act: (1) up to $50,000 shall be used to conduct financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 

107–289); and (2) up to $1,000,000 shall be available to carry out 

the activities authorized by section 6(7) of Public Law 102–259 (20 

U.S.C. 5604(7)). 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund to 

carry out activities authorized in the Environmental Policy and 

Conflict Resolution Act of 1998, $3,792,000, to remain available 

until expended. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in connection with the administration of 

the National Archives and Records Administration (including the 

Information Security Oversight Office) and archived Federal records 


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and related activities, as provided by law, and for expenses necessary for the review and declassification of documents and the activities of the Public Interest Declassification Board, and for necessary expenses in connection with the operations and maintenance 

of the electronic records archives to include all direct project costs 

associated with research, program management, and corrective and 

adaptive software maintenance, and for the hire of passenger motor 

vehicles, and for uniforms or allowances therefor, as authorized by 

law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and 

cleaning, $373,300,000: Provided, That all remaining balances appropriated in prior fiscal years under the heading ‘‘Electronic 

Records Archives’’ shall be transferred to this account. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 

2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $4,100,000. 

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facili- ties, and to provide adequate storage for holdings, $9,100,000, to remain available until expended: Provided, That from amounts made 

available for the Military Personnel Records Center requirement 

study under this heading in Public Law 108–199, the remaining unobligated balances shall be available to implement the National Archives and Records Administration Capital Improvement Plan: Provided further, That from amounts made available under this heading in Public Law 111–8 for construction costs and related services 

for building the addition to the John F. Kennedy Presidential Library and Museum and other necessary expenses, including renovating the Library as needed in constructing the addition, the remaining unobligated balances shall be available to implement the 

National Archives and Records Administration Capital Improvement Plan. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical 

publications and records as authorized by 44 U.S.C. 2504, 

$5,000,000, to remain available until expended. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2012, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to 

member credit unions, as authorized by 12 U.S.C. 1795 et seq., shall 

be the amount authorized by section 307(a)(4)(A) of the Federal 

Credit Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 

2012 shall not exceed $1,250,000. 


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COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,247,000 

shall be available until September 30, 2013 for technical assistance 

to low-income designated credit unions. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office of 

Government Ethics pursuant to the Ethics in Government Act of 

1978, and the Ethics Reform Act of 1989, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District 

of Columbia and elsewhere, hire of passenger motor vehicles, and 

not to exceed $1,500 for official reception and representation expenses, $13,664,000. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office of 

Personnel Management (OPM) pursuant to Reorganization Plan 

Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; 

rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of OPM and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of 

January 9, 1953, as amended; and payment of per diem and/or 

subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of 

duty, $97,774,000, of which $6,004,000 shall remain available until 

expended for the Enterprise Human Resources Integration project, of 

which $642,000 may be for strengthening the capacity and capabilities of the acquisition workforce (as defined by the Office of Federal 

Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the recruitment, hiring, training, and retention of such 

workforce and information technology in support of acquisition 

workforce effectiveness or for management solutions to improve acquisition management, and of which $1,416,000 shall remain available until expended for the Human Resources Line of Business 

project; and in addition $112,516,000 for administrative expenses, 

to be transferred from the appropriate trust funds of OPM without 

regard to other statutes, including direct procurement of printed 

materials, for the retirement and insurance programs: Provided, 

That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 

8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available 

for salaries and expenses of the Legal Examining Unit of OPM esVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00136 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tablished pursuant to Executive Order No. 9358 of July 1, 1943, or 

any successor unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 

2012, accept donations of money, property, and personal services: 

Provided further, That such donations, including those from prior 

years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no 

such donations shall be accepted for travel or reimbursement of 

travel expenses, or for the salaries of employees of such Commission. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109, hire of passenger 

motor vehicles, $3,142,000, and in addition, not to exceed 

$21,174,000 for administrative expenses to audit, investigate, and 

provide other oversight of the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States 

Code, and the Retired Federal Employees Health Benefits Act (74 

Stat. 849), such sums as may be necessary. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 

of title 5, United States Code, such sums as may be necessary. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be 

credited to the Civil Service Retirement and Disability Fund, such 

sums as may be necessary: Provided, That annuities authorized by 

the Act of May 29, 1944, and the Act of August 19, 1950 (33 U.S.C. 

771–775), may hereafter be paid out of the Civil Service Retirement 

and Disability Fund. 


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OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office of 

Special Counsel pursuant to Reorganization Plan Numbered 2 of 

1978, the Civil Service Reform Act of 1978 (Public Law 95–454), the 

Whistleblower Protection Act of 1989 (Public Law 101–12), Public 

Law 107–304, and the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses 

for witnesses, rental of conference rooms in the District of Columbia 

and elsewhere, and hire of passenger motor vehicles; $18,972,000. 

POSTAL REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Postal Regulatory Commission in 

carrying out the provisions of the Postal Accountability and Enhancement Act (Public Law 109–435), $14,304,000, to be derived by 

transfer from the Postal Service Fund and expended as authorized 

by section 603(a) of such Act. 

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), 

$900,000, to remain available until September 30, 2013. 

RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

SALARIES AND EXPENSES

For necessary expenses of the Recovery Accountability and 

Transparency Board to carry out the provisions of title XV of the 

American Recovery and Reinvestment Act of 2009 (Public Law 111– 

5), and to develop and test information technology resources and 

oversight mechanisms to enhance transparency of and detect and remediate waste, fraud, and abuse in Federal spending, $28,350,000, 

to remain available until September 30, 2013. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception 

and representation expenses, $1,321,000,000, to remain available 

until expended; of which not less than $6,795,000 shall be for the 

Office of Inspector General; of which not to exceed $45,000 shall be 

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zation of Securities Commissions; and of which not to exceed 

$100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other 

regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include 

necessary logistic and administrative expenses and the expenses of 

Commission staff and foreign invitees in attendance including: (1) 

incidental expenses such as meals; (2) travel and transportation; 

and (3) related lodging or subsistence: Provided, That fees and 

charges authorized by section 31 of the Securities Exchange Act of 

1934 (15 U.S.C. 78ee) shall be credited to this account as offsetting 

collections: Provided further, That not to exceed $1,321,000,000 of 

such offsetting collections shall be available until expended for necessary expenses of this account: Provided further, That the total 

amount appropriated under this heading from the general fund for 

fiscal year 2012 shall be reduced as such offsetting fees are received 

so as to result in a final total fiscal year 2012 appropriation from 

the general fund estimated at not more than $0. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase of 

uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901– 

5902; hire of passenger motor vehicles; services as authorized by 5 

U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $23,984,000: Provided, That during the current fiscal year, the President may exempt this appropriation from 

the provisions of 31 U.S.C. 1341, whenever the President deems 

such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may 

be expended for or in connection with the induction of any person 

into the Armed Forces of the United States. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration as authorized by Public Law 108–447, including hire of passenger motor vehicles as authorized by 31 U.S.C. 

1343 and 1344, and not to exceed $3,500 for official reception and 

representation expenses, $417,348,000: Provided, That the Administrator is authorized to charge fees to cover the cost of publications 

developed by the Small Business Administration, and certain loan 

program activities, including fees authorized by section 5(b) of the 

Small Business Act: Provided further, That, notwithstanding 31 

U.S.C. 3302, revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying 

out these purposes without further appropriations: Provided further, 

That the Small Business Administration may accept gifts in an 

amount not to exceed $4,000,000 and may co-sponsor activities, each 

in accordance with section 132(a) of division K of Public Law 108– 


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447, during fiscal year 2012: Provided further, That $112,500,000 

shall be available to fund grants for performance in fiscal year 2012 

or fiscal year 2013 as authorized by section 21 of the Small Business Act, to remain available until September 30, 2013: Provided 

further, That $20,000,000 shall remain available until September 

30, 2013 for marketing, management, and technical assistance 

under section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) 

by intermediaries that make microloans under the microloan program: Provided further, That $7,100,000 shall be available for the 

Loan Modernization and Accounting System, to be available until 

September 30, 2013: Provided further, That $2,000,000 shall be for 

the Federal and State Technology Partnership Program under section 34 of the Small Business Act (15 U.S.C. 657d). 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$16,267,000. 

OFFICE OF ADVOCACY

For necessary expenses of the Office of Advocacy in carrying out 

the provisions of title II of Public Law 94–305 (15 U.S.C. 634a et 

seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et 

seq.), $9,120,000, to remain available until expended. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $3,678,000, to remain available 

until expended, and for the cost of guaranteed loans as authorized 

by section 7(a) of the Small Business Act (Public Law 85–536) and 

section 503 of the Small Business Investment Act of 1958 (Public 

Law 85–699), $207,100,000, to remain available until expended: 

Provided, That such costs, including the cost of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the 

Congressional Budget Act of 1974, during fiscal year 2012 commitments to guarantee loans under section 503 of the Small Business 

Investment Act of 1958 shall not exceed $7,500,000,000: Provided 

further, That during fiscal year 2012 commitments for general business loans authorized under section 7(a) of the Small Business Act 

shall not exceed $17,500,000,000 for a combination of amortizing 

term loans and the aggregated maximum line of credit provided by 

revolving loans: Provided further, That during fiscal year 2012 commitments to guarantee loans for debentures under section 303(b) of 

the Small Business Investment Act of 1958 shall not exceed 

$3,000,000,000: Provided further, That during fiscal year 2012, 

guarantees of trust certificates authorized by section 5(g) of the 

Small Business Act shall not exceed a principal amount of 

$12,000,000,000. In addition, for administrative expenses to carry 

out the direct and guaranteed loan programs, $147,958,000, which 

may be transferred to and merged with the appropriations for Salaries and Expenses. 


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DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, 

$117,300,000, to be available until expended, of which $1,000,000 

is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster 

loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which 

$110,300,000 is for direct administrative expenses of loan making 

and servicing to carry out the direct loan program, which may be 

transferred to and merged with the appropriations for Salaries and 

Expenses; and of which $6,000,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and 

merged with the appropriations for Salaries and Expenses. 

ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

SEC. 530. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, 

but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to 

this paragraph shall be treated as a reprogramming of funds under 

section 608 of this Act and shall not be available for obligation or 

expenditure except in compliance with the procedures set forth in 

that section. 

SEC. 531. Section 7(d)(5)(D) of the Small Business Act (15 

U.S.C. 636(d)(5)(D)) is amended by striking ‘‘three years’’ and inserting ‘‘7 years’’. 

SEC. 532. Beginning in fiscal year 2013 and each fiscal year 

thereafter, the budget request for the Small Business Administration 

shall provided a detailed justification of any proposed changes from 

the enacted level by individual appropriation. The detailed justification shall include at a minimum a description of each credit and 

non-credit program including amount of funding and costs by appropriation account and fiscal year. For activities funded in multiple appropriations, the budget justification shall specify the 

amount included in each enacted appropriation, the amount proposed in the budget year and a justification for any proposed 

changes. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone on 

free and reduced rate mail, pursuant to subsections (c) and (d) of 

section 2401 of title 39, United States Code, $78,153,000, which 

shall not be available for obligation until October 1, 2012: Provided, 

That mail for overseas voting and mail for the blind shall continue 

to be free: Provided further, That 6-day delivery and rural delivery 

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ther, That none of the funds made available to the Postal Service 

by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child 

support enforcement agency, or any individual participating in a 

State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act 

shall be used to consolidate or close small rural and other small 

post offices in fiscal year 2012. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$241,468,000, to be derived by transfer from the Postal Service 

Fund and expended as authorized by section 603(b)(3) of the Postal 

Accountability and Enhancement Act (Public Law 109–435). 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $51,079,000: Provided, 

That travel expenses of the judges shall be paid upon the written 

certificate of the judge. 

TITLE VI 

GENERAL PROVISIONS—THIS ACT 

(INCLUDING RESCISSIONS)

SEC. 601. None of the funds in this Act shall be used for the 

planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or 

adjudicatory proceedings funded in this Act. 

SEC. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly so 

provided herein. 

SEC. 603. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract pursuant to 

5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or 

under existing Executive order issued pursuant to existing law. 

SEC. 604. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 605. None of the funds made available by this Act shall 

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ment employee where funding an activity or paying a salary to a 

Government employee would result in a decision, determination, 

rule, regulation, or policy that would prohibit the enforcement of 

section 307 of the Tariff Act of 1930 (19 U.S.C. 1307). 

SEC. 606. No funds appropriated pursuant to this Act may be 

expended by an entity unless the entity agrees that in expending the 

assistance the entity will comply with the Buy American Act (41 

U.S.C. 10a–10c). 

SEC. 607. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity that 

has been convicted of violating the Buy American Act (41 U.S.C. 

10a–10c). 

SEC. 608. Except as otherwise provided in this Act, none of the 

funds provided in this Act, provided by previous appropriations 

Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2012, or provided 

from any accounts in the Treasury derived by the collection of fees 

and available to the agencies funded by this Act, shall be available 

for obligation or expenditure through a reprogramming of funds 

that: (1) creates a new program; (2) eliminates a program, project, 

or activity; (3) increases funds or personnel for any program, 

project, or activity for which funds have been denied or restricted 

by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of 

Representatives or the Senate for a different purpose; (5) augments 

existing programs, projects, or activities in excess of $5,000,000 or 

10 percent, whichever is less; (6) reduces existing programs, projects, 

or activities by $5,000,000 or 10 percent, whichever is less; or (7) 

creates or reorganizes offices, programs, or activities unless prior 

approval is received from the Committees on Appropriations of the 

House of Representatives and the Senate: Provided, That prior to 

any significant reorganization or restructuring of offices, programs, 

or activities, each agency or entity funded in this Act shall consult 

with the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That not later than 60 days 

after the date of enactment of this Act, each agency funded by this 

Act shall submit a report to the Committees on Appropriations of 

the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for 

the current fiscal year: Provided further, That at a minimum the report shall include: (1) a table for each appropriation with a separate 

column to display the President’s budget request, adjustments made 

by Congress, adjustments due to enacted rescissions, if appropriate, 

and the fiscal year enacted level; (2) a delineation in the table for 

each appropriation both by object class and program, project, and 

activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional 

interest: Provided further, That the amount appropriated or limited 

for salaries and expenses for an agency shall be reduced by 

$100,000 per day for each day after the required date that the report 

has not been submitted to the Congress. 

SEC. 609. Except as otherwise specifically provided by law, not 

to exceed 50 percent of unobligated balances remaining available at 

the end of fiscal year 2012 from appropriations made available for 

salaries and expenses for fiscal year 2012 in this Act, shall remain 


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available through September 30, 2013, for each such account for the 

purposes authorized: Provided, That a request shall be submitted to 

the Committees on Appropriations of the House of Representatives 

and the Senate for approval prior to the expenditure of such funds: 

Provided further, That these requests shall be made in compliance 

with reprogramming guidelines. 

SEC. 610. None of the funds made available in this Act may be 

used by the Executive Office of the President to request from the 

Federal Bureau of Investigation any official background investigation report on any individual, except when— 

(1) such individual has given his or her express written 

consent for such request not more than 6 months prior to the 

date of such request and during the same presidential administration; or 

(2) such request is required due to extraordinary circumstances involving national security. 

SEC. 611. The cost accounting standards promulgated under 

chapter 15 of title 41, United States Code shall not apply with respect to a contract under the Federal Employees Health Benefits 

Program established under chapter 89 of title 5, United States 

Code. 

SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area 

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on 

unanticipated travel expenses imposed in an Appropriations Act) 

funds made available to the Office of Personnel Management pursuant to court approval. 

SEC. 613. No funds appropriated by this Act shall be available 

to pay for an abortion, or the administrative expenses in connection 

with any health plan under the Federal employees health benefits 

program which provides any benefits or coverage for abortions. 

SEC. 614. The provision of section 613 shall not apply where the 

life of the mother would be endangered if the fetus were carried to 

term, or the pregnancy is the result of an act of rape or incest. 

SEC. 615. In order to promote Government access to commercial 

information technology, the restriction on purchasing nondomestic 

articles, materials, and supplies set forth in chapter 83 of title 41, 

United States Code (popularly known as the Buy American Act), 

shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United 

States Code), that is a commercial item (as defined in section 103 

of title 41, United States Code). 

SEC. 616. Notwithstanding section 1353 of title 31, United 

States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor 

may such agency or commission accept, payment or reimbursement 

from a non-Federal entity for travel, subsistence, or related expenses 

for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official 

duties of the officer or employee when the entity offering payment or 

reimbursement is a person or entity subject to regulation by such 

agency or commission, or represents a person or entity subject to 

regulation by such agency or commission, unless the person or entity 

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enue Code of 1986 and exempt from tax under section 501(a) of such 

Code. 

SEC. 617. The Public Company Accounting Oversight Board 

shall have authority to obligate funds for the scholarship program 

established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 

(Public Law 107–204) in an aggregate amount not exceeding the 

amount of funds collected by the Board as of December 31, 2011, 

including accrued interest, as a result of the assessment of monetary 

penalties. Funds available for obligation in fiscal year 2012 shall 

remain available until expended. 

SEC. 618. From the unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board, $998,000 are rescinded. 

SEC. 619. Section 1107 of title 31, United States Code, is 

amended by adding to the end thereof the following: ‘‘The President 

shall transmit promptly to Congress without change, proposed deficiency and supplemental appropriations submitted to the President 

by the legislative branch and the judicial branch.’’. 

SEC. 620. Notwithstanding section 708 of this Act, funds made 

available to the Commodity Futures Trading Commission and the 

Securities and Exchange Commission by this or any other Act may 

be used for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues. 

SEC. 621. For purposes of Public Law 109–285, the period described in section 5134(f)(1)(B) of title 31, United States Code, shall 

be treated as a 2-year, 9-month period. 

SEC. 622. The Help America Vote Act of 2002 (Public Law 107– 

252) is amended by: 

(1) inserting in section 255(b)(42 U.S.C. 15405) ‘‘posted on 

the Commission’s website with a notice’’ after ‘‘cause to have the 

plan’’; 

(2) inserting in section 253(d)(42 U.S.C. 15403) ‘‘notice of’’ 

prior to ‘‘the State plan’’; 

(3) inserting in section 254(a)(11)(42 U.S.C. 15404) ‘‘notice 

of’’ prior to ‘‘the change’’; and 

(4) inserting in section 254(a)(11)(C)(42 U.S.C. 15404) ‘‘notice of’’ prior to ‘‘the change’’. 

SEC. 623. From the unobligated balances available in the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203), $25,000,000 are rescinded. 

SEC. 624. The Department of the Treasury, the Executive Office 

of the President, the Judiciary, the Federal Communications Commission, the Federal Trade Commission, the General Services Administration, the National Archives and Records Administration, 

the Securities and Exchange Commission, and the Small Business 

Administration shall provide the Committees on Appropriations of 

the House and the Senate a quarterly accounting of the cumulative 

balances of any unobligated funds that were received by such agency during any previous fiscal year. 

SEC. 625. (a)(1) Notwithstanding any other provision of law, an 

Executive agency covered by this Act otherwise authorized to enter 

into contracts for either leases or the construction or alteration of 

real property for office, meeting, storage, or other space must consult 

with the General Services Administration before issuing a solicitaVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00145 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tion for offers of new leases or construction contracts, and in the 

case of succeeding leases, before entering into negotiations with the 

current lessor. 

(2) Any such agency with authority to enter into an emergency 

lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency. 

(b) For purposes of this section, the term ‘‘Executive agency covered by this Act’’ means any Executive agency provided funds by 

this Act, but does not include the General Services Administration 

or the United States Postal Service. 

SEC. 626. None of the funds made available in this Act may be 

used by the Federal Trade Commission to complete the draft report 

entitled ‘‘Interagency Working Group on Food Marketed to Children: 

Preliminary Proposed Nutrition Principles to Guide Industry SelfRegulatory Efforts’’ unless the Interagency Working Group on Food 

Marketed to Children complies with Executive Order 13563. 

SEC. 627. None of the funds made available by this Act may be 

used to pay the salaries and expenses for the following positions: 

(1) Director, White House Office of Health Reform. 

(2) Assistant to the President for Energy and Climate 

Change. 

(3) Senior Advisor to the Secretary of the Treasury assigned 

to the Presidential Task Force on the Auto Industry and Senior 

Counselor for Manufacturing Policy. 

(4) White House Director of Urban Affairs. 

SEC. 628. None of the funds made available in this Act may be 

used by the Federal Communications Commission to remove the 

conditions imposed on commercial terrestrial operations in the 

Order and Authorization adopted by the Commission on January 

26, 2011 (DA 11–133), or otherwise permit such operations, until the 

Commission has resolved concerns of potential widespread harmful 

interference by such commercial terrestrial operations to commercially available Global Positioning System devices. 

SEC. 629. None of the funds made available by this Act may be 

expended for any new hire by any Federal agency funded in this Act 

that is not verified through the E-Verify Program established under 

section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 630. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to, any corporation with respect to which any unpaid Federal tax liability has been assessed, for which all judicial 

and administrative remedies have been exhausted or have lapsed, 

and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, 

where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not 

necessary to protect the interests of the Government. 

SEC. 631. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to, any corporation that was convicted or had an officer or agent of such corporation acting on behalf of the corporation 


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

of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent and made a determination that this further action is not necessary to protect the 

interests of the Government. 

SEC. 632. Section 8909a(d)(3)(A)(v) of title 5, United States 

Code, is amended by striking the date specified in such section and 

inserting ‘‘August 1, 2012’’. 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 701. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for fiscal year 2012 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and 

will continue to administer in good faith, a written policy designed 

to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the 

Controlled Substances Act (21 U.S.C. 802)) by the officers and employees of such department, agency, or instrumentality. 

SEC. 702. Unless otherwise specifically provided, the maximum 

amount allowable during the current fiscal year in accordance with 

subsection 1343(c) of title 31, United States Code, for the purchase 

of any passenger motor vehicle (exclusive of buses, ambulances, law 

enforcement, and undercover surveillance vehicles), is hereby fixed 

at $13,197 except station wagons for which the maximum shall be 

$13,631: Provided, That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for 

special heavy-duty vehicles: Provided further, That the limits set 

forth in this section may not be exceeded by more than 5 percent for 

electric or hybrid vehicles purchased for demonstration under the 

provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further, That the 

limits set forth in this section may be exceeded by the incremental 

cost of clean alternative fuels vehicles acquired pursuant to Public 

Law 101–549 over the cost of comparable conventionally fueled vehicles: Provided further, That the limits set forth in this section shall 

not apply to any vehicle that is a commercial item and which operates on emerging motor vehicle technology, including but not limited 

to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles. 

SEC. 703. Appropriations of the executive departments and 

independent establishments for the current fiscal year available for 

expenses of travel, or for the expenses of the activity concerned, are 

hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 704. Unless otherwise specified during the current fiscal 

year, no part of any appropriation contained in this or any other Act 

shall be used to pay the compensation of any officer or employee of 

the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the 

United States) whose post of duty is in the continental United 


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States unless such person: (1) is a citizen of the United States; (2) 

is a person who is lawfully admitted for permanent residence and 

is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is 

a person who is admitted as a refugee under 8 U.S.C. 1157 or is 

granted asylum under 8 U.S.C. 1158 and has filed a declaration of 

intention to become a lawful permanent resident and then a citizen 

when eligible; or (4) is a person who owes allegiance to the United 

States: Provided, That for purposes of this section, affidavits signed 

by any such person shall be considered prima facie evidence that the 

requirements of this section with respect to his or her status are 

being complied with: Provided further, That for purposes of subsections (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary: Provided further, 

That any person making a false affidavit shall be guilty of a felony, 

and upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the 

above penal clause shall be in addition to, and not in substitution 

for, any other provisions of existing law: Provided further, That any 

payment made to any officer or employee contrary to the provisions 

of this section shall be recoverable in action by the Federal Government: Provided further, That this section shall not apply to any person who is an officer or employee of the Government of the United 

States on the date of enactment of this Act, or to international 

broadcasters employed by the Broadcasting Board of Governors, or 

to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Provided further, That this section does not apply to the 

employment as Wildland firefighters for not more than 120 days of 

nonresident aliens employed by the Department of the Interior or the 

USDA Forest Service pursuant to an agreement with another country. 

SEC. 705. Appropriations available to any department or agency 

during the current fiscal year for necessary expenses, including 

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space 

and services and those expenses of renovation and alteration of 

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 

Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), 

or other applicable law. 

SEC. 706. In addition to funds provided in this or any other 

Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling 

or waste prevention programs. Such funds shall be available until 

expended for the following purposes: 

(1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13423 

(January 24, 2007), including any such programs adopted prior 

to the effective date of the Executive order. 

(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution 

prevention programs. 


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(3) Other employee programs as authorized by law or as 

deemed appropriate by the head of the Federal agency. 

SEC. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations 

and agencies subject to chapter 91 of title 31, United States Code, 

shall be available, in addition to objects for which such funds are 

otherwise available, for rent in the District of Columbia; services in 

accordance with 5 U.S.C. 3109; and the objects specified under this 

head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which 

they are made available: Provided, That in the event any functions 

budgeted as administrative expenses are subsequently transferred to 

or paid from other funds, the limitations on administrative expenses 

shall be correspondingly reduced. 

SEC. 708. No part of any appropriation contained in this or any 

other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, 

or similar groups (whether or not they are interagency entities) 

which do not have a prior and specific statutory approval to receive 

financial support from more than one agency or instrumentality. 

SEC. 709. None of the funds made available pursuant to the 

provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint 

resolution duly adopted in accordance with the applicable law of the 

United States. 

SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, 

holds office, no funds may be obligated or expended in excess of 

$5,000 to furnish or redecorate the office of such department head, 

agency head, officer, or employee, or to purchase furniture or make 

improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the 

purposes of this section, the term ‘‘office’’ shall include the entire 

suite of offices assigned to the individual, as well as any other space 

used primarily by the individual or the use of which is directly controlled by the individual. 

SEC. 711. Notwithstanding section 31 U.S.C. 1346, or section 

708 of this Act, funds made available for the current fiscal year by 

this or any other Act shall be available for the interagency funding 

of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, 

agencies, or entities, as provided by Executive Order No. 12472 

(April 3, 1984). 

SEC. 712. (a) None of the funds appropriated by this or any 

other Act may be obligated or expended by any Federal department, 

agency, or other instrumentality for the salaries or expenses of any 

employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to 

5 U.S.C. 3302, without a certification to the Office of Personnel 

Management from the head of the Federal department, agency, or 

other instrumentality employing the Schedule C appointee that the 

Schedule C position was not created solely or primarily in order to 

detail the employee to the White House. 


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(b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from— 

(1) the Central Intelligence Agency; 

(2) the National Security Agency; 

(3) the Defense Intelligence Agency; 

(4) the National Geospatial-Intelligence Agency; 

(5) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; 

(6) the Bureau of Intelligence and Research of the Department of State; 

(7) any agency, office, or unit of the Army, Navy, Air Force, 

or Marine Corps, the Department of Homeland Security, the 

Federal Bureau of Investigation or the Drug Enforcement Administration of the Department of Justice, the Department of 

Transportation, the Department of the Treasury, or the Department of Energy performing intelligence functions; or 

(8) the Director of National Intelligence or the Office of the 

Director of National Intelligence. 

SEC. 713. No part of any appropriation contained in this or any 

other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— 

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal 

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee 

of the Congress in connection with any matter pertaining to the 

employment of such other officer or employee or pertaining to 

the department or agency of such other officer or employee in 

any way, irrespective of whether such communication or contact 

is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or 

subcommittee; or 

(2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment 

right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by 

reason of any communication or contact of such other officer or 

employee with any Member, committee, or subcommittee of the 

Congress as described in paragraph (1). 

SEC. 714. (a) None of the funds made available in this or any 

other Act may be obligated or expended for any employee training 

that— 

(1) does not meet identified needs for knowledge, skills, and 

abilities bearing directly upon the performance of official duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end of 

course evaluation; 


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(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties. 

SEC. 715. (a) No funds appropriated in this or any other Act 

may be used to implement or enforce the agreements in Standard 

Forms 312 and 4414 of the Government or any other nondisclosure 

policy, form, or agreement if such policy, form, or agreement does 

not contain the following provisions: ‘‘These restrictions are consistent with and do not supersede, conflict with, or otherwise alter 

the employee obligations, rights, or liabilities created by Executive 

Order No. 12958; section 7211 of title 5, United States Code (governing disclosures to Congress); section 1034 of title 10, United 

States Code, as amended by the Military Whistleblower Protection 

Act (governing disclosure to Congress by members of the military); 

section 2302(b)(8) of title 5, United States Code, as amended by the 

Whistleblower Protection Act of 1989 (governing disclosures of illegality, waste, fraud, abuse or public health or safety threats); the Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) 

(governing disclosures that could expose confidential Government 

agents); and the statutes which protect against disclosure that may 

compromise the national security, including sections 641, 793, 794, 

798, and 952 of title 18, United States Code, and section 4(b) of the 

Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, 

requirements, obligations, rights, sanctions, and liabilities created 

by said Executive order and listed statutes are incorporated into 

this agreement and are controlling.’’: Provided, That notwithstanding the preceding provision of this section, a nondisclosure policy form or agreement that is to be executed by a person connected 

with the conduct of an intelligence or intelligence-related activity, 

other than an employee or officer of the United States Government, 

may contain provisions appropriate to the particular activity for 

which such document is to be used. Such form or agreement shall, 

at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such 

nondisclosure forms shall also make it clear that they do not bar 

disclosures to Congress, or to an authorized official of an executive 

agency or the Department of Justice, that are essential to reporting 

a substantial violation of law. 

(b) Effective 180 days after enactment of this Act, subsection (a) 

is amended by— 

(1) striking ‘‘Executive Order No. 12958’’ and inserting ‘‘Executive Order No. 13526 (75 Fed. Reg. 707), or any successor 

thereto’’; 

(2) after ‘‘the Intelligence Identities Protection Act of 1982 

(50 U.S.C. 421 et seq.) (governing disclosures that could expose 

confidential Government agents);’’ inserting ‘‘sections 7(c) and 

8H of the Inspector General Act of 1978 (5 U.S.C. App.) (relating to disclosures to an inspector general, the inspectors general 


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of the Intelligence Community, and Congress); section 

103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 403– 

3h(g)(3) (relating to disclosures to the inspector general of the 

Intelligence Community); sections 17(d)(5) and 17(e)(3) of the 

Central Intelligence Agency Act of 1949 (50 U.S.C. 403q(d)(5) 

and 403q(e)(3)) (relating to disclosures to the Inspector General 

of the Central Intelligence Agency and Congress);’’; and 

(3) after ‘‘Subversive Activities’’ inserting ‘‘Control’’. 

(c) A nondisclosure agreement entered into before the effective 

date of the amendment in subsection (b) may continue to be implemented and enforced after that effective date if it complies with the 

requirements of subsection (a) that were in effect prior to the effective date of the amendment in subsection (b). 

SEC. 716. No part of any funds appropriated in this or any 

other Act shall be used by an agency of the executive branch, other 

than for normal and recognized executive-legislative relationships, 

for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. 

SEC. 717. None of the funds appropriated by this or any other 

Act may be used by an agency to provide a Federal employee’s home 

address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered 

by a court of competent jurisdiction. 

SEC. 718. None of the funds made available in this Act or any 

other Act may be used to provide any non-public information such 

as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate. 

SEC. 719. No part of any appropriation contained in this or any 

other Act shall be used directly or indirectly, including by private 

contractor, for publicity or propaganda purposes within the United 

States not heretofore authorized by the Congress. 

SEC. 720. (a) In this section, the term ‘‘agency’’— 

(1) means an Executive agency, as defined under 5 U.S.C. 

105; and 

(2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission. 

(b) Unless authorized in accordance with law or regulations to 

use such time for other purposes, an employee of an agency shall use 

official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee 

exempted under 5 U.S.C. 6301(2), has an obligation to expend an 

honest effort and a reasonable proportion of such employee’s time in 

the performance of official duties. 

SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of 

this Act, funds made available for the current fiscal year by this or 

any other Act to any department or agency, which is a member of 

the Federal Accounting Standards Advisory Board (FASAB), shall 

be available to finance an appropriate share of FASAB administrative costs. 


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(TRANSFER OF FUNDS)

SEC. 722. Notwithstanding 31 U.S.C. 1346 and section 708 of 

this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse ‘‘General Services Administration, Government-wide Policy’’ with the approval of the Director 

of the Office of Management and Budget, funds made available for 

the current fiscal year by this or any other Act, including rebates 

from charge card and other contracts: Provided, That these funds 

shall be administered by the Administrator of General Services to 

support Government-wide and other multi-agency financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the 

Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups designated by the Director (including the President’s Management Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief 

Human Capital Officers Council for human capital initiatives, the 

Chief Acquisition Officers Council for procurement initiatives, and 

the Performance Improvement Council for performance improvement 

initiatives): Provided further, That the total funds transferred or reimbursed shall not exceed $17,000,000 for Government-Wide innovations, initiatives, and activities: Provided further, That the funds 

transferred to or for reimbursement of ‘‘General Services Administration, Government-wide Policy’’ during fiscal year 2012 shall remain available for obligation through September 30, 2013: Provided 

further, That such transfers or reimbursements may only be made 

after 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget. 

SEC. 723. Notwithstanding any other provision of law, a 

woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 

SEC. 724. Notwithstanding 31 U.S.C. 1346, or section 708 of 

this Act, funds made available for the current fiscal year by this or 

any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the 

purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal 

departments, agencies, or entities: Provided, That the Office of Management and Budget shall provide a report describing the budget of 

and resources connected with the National Science and Technology 

Council to the Committees on Appropriations, the House Committee 

on Science and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this 

Act. 

SEC. 725. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving 

the distribution of Federal funds shall indicate the agency providing 

the funds, the Catalog of Federal Domestic Assistance Number, as 

applicable, and the amount provided: Provided, That this provision 

shall apply to direct payments, formula funds, and grants received 

by a State receiving Federal funds. 


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SEC. 726. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF INDIVIDUALS’ INTERNET USE.—None of the funds made available 

in this or any other Act may be used by any Federal agency— 

(1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable 

information relating to an individual’s access to or use of any 

Federal Government Internet site of the agency; or 

(2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any 

aggregation of data, derived from any means, that includes any 

personally identifiable information relating to an individual’s 

access to or use of any nongovernmental Internet site. 

(b) EXCEPTIONS.—The limitations established in subsection (a) 

shall not apply to— 

(1) any record of aggregate data that does not identify particular persons; 

(2) any voluntary submission of personally identifiable information; 

(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or 

(4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and 

is necessarily incident to providing the Internet site services or 

to protecting the rights or property of the provider of the Internet site. 

(c) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law. 

(2) The term ‘‘supervisory’’ means examinations of the agency’s supervised institutions, including assessing safety and 

soundness, overall financial condition, management practices 

and policies and compliance with applicable standards as provided in law. 

SEC. 727. (a) None of the funds appropriated by this Act may 

be used to enter into or renew a contract which includes a provision 

providing prescription drug coverage, except where the contract also 

includes a provision for contraceptive coverage. 

(b) Nothing in this section shall apply to a contract with— 

(1) any of the following religious plans: 

(A) Personal Care’s HMO; and 

(B) OSF HealthPlans, Inc.; and 

(2) any existing or future plan, if the carrier for the plan 

objects to such coverage on the basis of religious beliefs. 

(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual 

to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities 

would be contrary to the individual’s religious beliefs or moral convictions. 

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 

SEC. 728. The United States is committed to ensuring the 

health of its Olympic, Pan American, and Paralympic athletes, and 

supports the strict adherence to anti-doping in sport through testVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00154 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ing, adjudication, education, and research as performed by nationally recognized oversight authorities. 

SEC. 729. Notwithstanding any other provision of law, funds 

appropriated for official travel by Federal departments and agencies 

may be used by such departments and agencies, if consistent with 

Office of Management and Budget Circular A–126 regarding official 

travel for Government personnel, to participate in the fractional aircraft ownership pilot program. 

SEC. 730. Notwithstanding any other provision of law, none of 

the funds appropriated or made available under this Act or any 

other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 

300.316 to part 300 of title 5 of the Code of Federal Regulations, 

published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees 

to the legislative branch). 

SEC. 731. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, 

to be used for the purpose of conducting Federal law enforcement 

training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that 

the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or 

other agreement for training which cannot be accommodated in existing Center facilities. 

SEC. 732. (a) For fiscal year 2012, no funds shall be available 

for transfers or reimbursements to the E-Government initiatives 

sponsored by the Office of Management and Budget prior to 15 days 

following submission of a report to the Committees on Appropriations of the House of Representatives and the Senate by the Director 

of the Office of Management and Budget and receipt of approval to 

transfer funds by the Committees on Appropriations of the House of 

Representatives and the Senate. 

(b) The report in subsection (a) and other required justification 

materials shall include at a minimum— 

(1) a description of each initiative including but not limited 

to its objectives, benefits, development status, risks, cost effectiveness (including estimated net costs or savings to the government), and the estimated date of full operational capability; 

(2) the total development cost of each initiative by fiscal 

year including costs to date, the estimated costs to complete its 

development to full operational capability, and estimated annual operations and maintenance costs; and 

(3) the sources and distribution of funding by fiscal year 

and by agency and bureau for each initiative including agency 

contributions to date and estimated future contributions by 

agency. 

(c) No funds shall be available for obligation or expenditure for 

new E-Government initiatives without the explicit approval of the 

Committees on Appropriations of the House of Representatives and 

the Senate. 


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SEC. 733. None of the funds appropriated or otherwise made 

available by this or any other Act may be used to begin or announce 

a study or public-private competition regarding the conversion to 

contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A– 

76 or any other administrative regulation, directive, or policy. 

SEC. 734. Unless otherwise authorized by existing law, none of 

the funds provided in this Act or any other Act may be used by an 

executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the 

story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared 

or funded by that executive branch agency. 

SEC. 735. None of the funds made available in this Act may be 

used in contravention of section 552a of title 5, United States Code 

(popularly known as the Privacy Act) and regulations implementing 

that section. 

SEC. 736. Each executive department and agency shall evaluate 

the creditworthiness of an individual before issuing the individual 

a government travel charge card. Such evaluations for individually 

billed travel charge cards shall include an assessment of the individual’s consumer report from a consumer reporting agency as those 

terms are defined in section 603 of the Fair Credit Reporting Act 

(Public Law 91–508): Provided, That the department or agency may 

not issue a government travel charge card to an individual that either lacks a credit history or is found to have an unsatisfactory 

credit history as a result of this evaluation: Provided further, That 

this restriction shall not preclude issuance of a restricted-use 

charge, debit, or stored value card made in accordance with agency 

procedures to: (1) an individual with an unsatisfactory credit history where such card is used to pay travel expenses and the agency 

determines there is no suitable alternative payment mechanism 

available before issuing the card; or (2) an individual who lacks a 

credit history. Each executive department and agency shall establish 

guidelines and procedures for disciplinary actions to be taken 

against agency personnel for improper, fraudulent, or abusive use of 

government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, that are inconsistent with the official business of the Department or agency or with applicable standards of conduct. 

SEC. 737. (a) DEFINITIONS.—For purposes of this section the following definitions apply: 

(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great 

Lakes State’’ have the same meanings as such terms have in 

section 506 of the Water Resources Development Act of 2000 (42 

U.S.C. 1962d–22). 

(2) GREAT LAKES RESTORATION ACTIVITIES.—The term 

‘‘Great Lakes restoration activities’’ means any Federal or State 

activity primarily or entirely within the Great Lakes watershed 

that seeks to improve the overall health of the Great Lakes ecosystem. 

(b) REPORT.—Not later than 45 days after submission of the 

budget of the President to Congress, the Director of the Office of 

Management and Budget, in coordination with the Governor of each 

Great Lakes State and the Great Lakes Interagency Task Force, 


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shall submit to the appropriate authorizing and appropriating committees of the Senate and the House of Representatives a financial 

report, certified by the Secretary of each agency that has budget authority for Great Lakes restoration activities, containing— 

(1) an interagency budget crosscut report that— 

(A) displays the budget proposed, including any 

planned interagency or intra-agency transfer, for each of 

the Federal agencies that carries out Great Lakes restoration activities in the upcoming fiscal year, separately reporting the amount of funding to be provided under existing laws pertaining to the Great Lakes ecosystem; and 

(B) identifies all expenditures since fiscal year 2004 by 

the Federal Government and State governments for Great 

Lakes restoration activities; 

(2) a detailed accounting of all funds received and obligated by all Federal agencies and, to the extent available, State 

agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; 

(3) a budget for the proposed projects (including a description of the project, authorization level, and project status) to be 

carried out in the upcoming fiscal year with the Federal portion 

of funds for activities; and 

(4) a listing of all projects to be undertaken in the upcoming fiscal year with the Federal portion of funds for activities. 

SEC. 738. (a) IN GENERAL.—None of the funds appropriated or 

otherwise made available by this or any other Act may be used for 

any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 

or any subsidiary of such an entity. 

(b) WAIVERS.— (1) IN GENERAL.—Any Secretary shall waive subsection (a) 

with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the 

waiver is required in the interest of national security. 

(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 

under paragraph (1) shall report such issuance to Congress. 

(c) EXCEPTION.—This section shall not apply to any Federal 

Government contract entered into before the date of the enactment 

of this Act, or to any task order issued pursuant to such contract. 

SEC. 739. None of the funds made available by this or any other 

Act may be used to implement, administer, enforce, or apply the rule 

entitled ‘‘Competitive Area’’ published by the Office of Personnel 

Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 

20180 et seq.). 

SEC. 740. Section 743 of the Consolidated Appropriations Act, 

2010 (Public Law 111–117; 31 U.S.C. 501 note) is amended in subsection (a)(3), by inserting after ‘‘exercise of an option’’ the following: 

‘‘, and task orders issued under any such contract,’’. 

SEC. 741. During fiscal year 2012, for each employee who— 

(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 

5, United States Code, or 

(2) retires under any other provision of subchapter III of 

chapter 83 or chapter 84 of such title 5 and receives a payment 

as an incentive to separate, the separating agency shall remit 


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to the Civil Service Retirement and Disability Fund an amount 

equal to the Office of Personnel Management’s average unit cost 

of processing a retirement claim for the preceding fiscal year. 

Such amounts shall be available until expended to the Office of 

Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United 

States Code. 

SEC. 742. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in any title other than title IV or VIII shall 

not apply to such title IV or VIII. 

SEC. 743. (a) None of the funds made available in this or any 

other Act may be used to recommend or require any entity submitting an offer for a Federal contract to disclose any of the following 

information as a condition of submitting the offer: 

(1) Any payment consisting of a contribution, expenditure, 

independent expenditure, or disbursement for an electioneering 

communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for 

election for Federal office or to a political committee, or that is 

otherwise made with respect to any election for Federal office. 

(2) Any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors, or any of its affiliates or subsidiaries to any person with 

the intent or the reasonable expectation that the person will use 

the funds to make a payment described in paragraph (1). 

(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’, 

‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given 

such term in the Federal Election Campaign Act of 1971 (2 U.S.C. 

431 et seq.). 

SEC. 744. Notwithstanding any other provision of law, until 

September 30, 2013, of the amounts made available for information 

technology investments under the heading ‘‘Independent Agencies, 

Commodity Futures Trading Commission’’ in the Agriculture, Rural 

Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2012 (division A of Public Law 112–55), the 

Chairman of the Commodity Futures Trading Commission may 

transfer not to exceed $10,000,000 under such heading for salaries 

and expenses of such Commission: Provided, That any transfer pursuant to this section shall be subject to the notification procedures 

set forth in section 730 of such Act with respect to a reprogramming 

of funds and shall not be available for obligation or expenditure except in compliance with such procedures. 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

(INCLUDING TRANSFER OF FUNDS)

SEC. 801. There are appropriated from the applicable funds of 

the District of Columbia such sums as may be necessary for making 

refunds and for the payment of legal settlements or judgments that 

have been entered against the District of Columbia government. 

SEC. 802. None of the Federal funds provided in this Act shall 

be used for publicity or propaganda purposes or implementation of 


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any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. 

SEC. 803. (a) None of the Federal funds provided under this Act 

to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure 

in fiscal year 2012, or provided from any accounts in the Treasury 

of the United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds 

which— 

(1) creates new programs; 

(2) eliminates a program, project, or responsibility center; 

(3) establishes or changes allocations specifically denied, 

limited or increased under this Act; 

(4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been 

denied or restricted; 

(5) re-establishes any program or project previously deferred through reprogramming; 

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of 

$3,000,000 or 10 percent, whichever is less; or 

(7) increases by 20 percent or more personnel assigned to 

a specific program, project or responsibility center, 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance of 

the reprogramming. 

(b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local 

funds under this title through November 1, 2012. 

SEC. 804. None of the Federal funds provided in this Act may 

be used by the District of Columbia to provide for salaries, expenses, 

or other costs associated with the offices of United States Senator 

or United States Representative under section 4(d) of the District of 

Columbia Statehood Constitutional Convention Initiatives of 1979 

(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

SEC. 805. Except as otherwise provided in this section, none of 

the funds made available by this Act or by any other Act may be 

used to provide any officer or employee of the District of Columbia 

with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer’s or employee’s official duties. For purposes of this section, the term ‘‘official duties’’ does not 

include travel between the officer’s or employee’s residence and 

workplace, except in the case of— 

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District of 

Columbia government employee as may otherwise be designated 

by the Chief of the Department; 

(2) at the discretion of the Fire Chief, an officer or employee 

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is 

on call 24 hours a day or is otherwise designated by the Fire 

Chief; 

(3) at the discretion of the Director of the Department of 

Corrections, an officer or employee of the District of Columbia 


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Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by 

the Director; 

(4) the Mayor of the District of Columbia; and 

(5) the Chairman of the Council of the District of Columbia. 

SEC. 806. (a) None of the Federal funds contained in this Act 

may be used by the District of Columbia Attorney General or any 

other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require 

Congress to provide for voting representation in Congress for the 

District of Columbia. 

(b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. 

SEC. 807. None of the Federal funds contained in this Act may 

be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that 

has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. 

SEC. 808. Nothing in this Act may be construed to prevent the 

Council or Mayor of the District of Columbia from addressing the 

issue of the provision of contraceptive coverage by health insurance 

plans, but it is the intent of Congress that any legislation enacted 

on such issue should include a ‘‘conscience clause’’ which provides 

exceptions for religious beliefs and moral convictions. 

SEC. 809. Hereafter, as part of the submission of the annual 

budget justification, the Mayor of the District of Columbia shall 

submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee 

on Homeland Security and Governmental Affairs of the Senate a report addressing— 

(1) crime, including the homicide rate, implementation of 

community policing, and the number of police officers on local 

beats; 

(2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, 

the number of people on waiting lists, and the effectiveness of 

treatment programs, the retention rates in treatment programs, 

and the recidivism/re-arrest rates for treatment participants; 

(3) education, including access to special education services 

and student achievement to be provided in consultation with 

the District of Columbia Public Schools, repeated grade rates, 

high school graduation rates, and post-secondary education attendance rates; 

(4) improvement in basic District services, including rat 

control and abatement; and 

(5) application for and management of Federal grants, including the number and type of grants for which the District 

was eligible but failed to apply and the number and type of 

grants awarded to the District but for which the District failed 

to spend the amounts received. 


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SEC. 810. None of the Federal funds contained in this Act may 

be used to enact or carry out any law, rule, or regulation to legalize 

or otherwise reduce penalties associated with the possession, use, or 

distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative. 

SEC. 811. None of the funds appropriated under this Act shall 

be expended for any abortion except where the life of the mother 

would be endangered if the fetus were carried to term or where the 

pregnancy is the result of an act of rape or incest. 

SEC. 812. (a) No later than 30 calendar days after the date of 

the enactment of this Act, the Chief Financial Officer for the District 

of Columbia shall submit to the appropriate committees of Congress, 

the Mayor, and the Council of the District of Columbia, a revised 

appropriated funds operating budget in the format of the budget 

that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official 

Code, sec. 1–204.42), for all agencies of the District of Columbia 

government for fiscal year 2012 that is in the total amount of the 

approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with 

anticipated actual expenditures. 

(b) This section shall apply only to an agency for which the 

Chief Financial Officer for the District of Columbia certifies that a 

reallocation is required to address unanticipated changes in program requirements. 

SEC. 813. No later than 30 calendar days after the date of the 

enactment of this Act, the Chief Financial Officer for the District of 

Columbia shall submit to the appropriate committees of Congress, 

the Mayor, and the Council for the District of Columbia, a revised 

appropriated funds operating budget for the District of Columbia 

Public Schools that aligns schools budgets to actual enrollment. The 

revised appropriated funds budget shall be in the format of the 

budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. 

Official Code, Sec. 1–204.42). 

SEC. 814. Amounts appropriated in this Act as operating funds 

may be transferred to the District of Columbia’s enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act. 

SEC. 815. Notwithstanding any other laws, for this and succeeding fiscal years, the Director of the District of Columbia Public 

Defender Service shall, to the extent the Director considers appropriate, provide representation for and hold harmless, or provide liability insurance for, any person who is an employee, member of the 

Board of Trustees, or officer of the District of Columbia Public Defender Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational 

services or management services or related services while acting 

within the scope of that person’s office or employment, including, 

but not limited to such claims, proceedings, or cases at law involving employment actions, injury, loss of liberty, property damage, 

loss of property, or personal injury, or death arising from malpractice or negligence of any such officer or employee. 


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SEC. 816. Section 346 of the District of Columbia Appropriations Act, 2005 (Public Law 108–335) is amended— 

(1) in the title, by striking ‘‘BIENNIAL’’; 

(2) in subsection (a), by striking ‘‘Biennial management’’ 

and inserting ‘‘Management’’; 

(3) in subsection (a), by striking ‘‘States.’’ and inserting 

‘‘States every five years.’’; and 

(4) in subsection (b)(6), by striking ‘‘2’’ and inserting ‘‘5’’. 

SEC. 817. Except as expressly provided otherwise, any reference 

to ‘‘this Act’’ contained in this title or in title IV shall be treated as 

referring only to the provisions of this title or of title IV. 

This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2012’’. 

DIVISION D—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2012 

TITLE I 

DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of the 

Department of Homeland Security, as authorized by law, 

$133,159,000: Provided, That not to exceed $51,000 shall be for official reception and representation expenses, of which $17,000 shall 

be made available to the Office of Policy for Visa Waiver Program 

negotiations in Washington, DC, and for other international activities: Provided further, That all official costs associated with the use 

of government aircraft by Department of Homeland Security personnel to support official travel of the Secretary and the Deputy Secretary shall be paid from amounts made available for the Immediate Office of the Secretary and the Immediate Office of the Deputy 

Secretary: Provided further, That of the total amount made available under this heading, $1,800,000 shall remain available until 

March 30, 2012, for the Office of Counternarcotics Enforcement, of 

which up to $1,800,000 may, notwithstanding section 503 of this 

Act, be transferred to the Office of Policy: Provided further, That 

amounts transferred pursuant to the preceding proviso shall remain 

available until September 30, 2012: Provided further, That the Assistant Secretary for Policy shall submit to the Committees on Appropriations of the Senate and the House of Representatives not 

later than March 30, 2012, an expenditure plan for the Office of 

Policy which includes a detailed description of any funds transferred to the Office for counternarcotics enforcement and activities 

related to risk management and analysis: Provided further, That 

$30,000,000 shall not be available for obligation until the Secretary 

of Homeland Security submits to the Committees on Appropriations 

of the Senate and the House of Representatives a comprehensive 

plan for implementation of the biometric air exit system, as mandated in Public Law 110–53, including the estimated costs of implementation. 


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OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

For necessary expenses of the Office of the Under Secretary for 

Management, as authorized by sections 701 through 705 of the 

Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 

$235,587,000, of which not to exceed $2,500 shall be for official reception and representation expenses: Provided, That of the total 

amount made available under this heading, $5,000,000 shall remain available until September 30, 2016, solely for the alteration 

and improvement of facilities, tenant improvements, and relocation 

costs to consolidate Department headquarters operations at the Nebraska Avenue Complex; and $14,172,000 shall remain available 

until September 30, 2014, for the Human Resources Information 

Technology program: Provided further, That the Under Secretary 

for Management shall, pursuant to the requirements contained in 

the joint statement of managers accompanying this Act, provide to 

the Committees on Appropriations of the Senate and the House of 

Representatives a Comprehensive Acquisition Status Report with the 

President’s budget for fiscal year 2013 as submitted under section 

1105(a) of title 31, United States Code, and quarterly updates to 

such report not later than 30 days after the completion of each quarter. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Officer, as authorized by section 103 of the Homeland Security Act of 

2002 (6 U.S.C. 113), $50,860,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information Officer, as authorized by section 103 of the Homeland Security Act of 

2002 (6 U.S.C. 113), and Department-wide technology investments, 

$257,300,000; of which $105,500,000 shall be available for salaries 

and expenses; and of which $151,800,000, to remain available until 

September 30, 2014, shall be available for development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security: Provided, 

That the Department of Homeland Security Chief Information Officer shall submit to the Committees on Appropriations of the Senate 

and the House of Representatives, at the time that the President’s 

budget is submitted each year under section 1105(a) of title 31, 

United States Code, a multi-year investment and management plan, 

to include each of fiscal years 2012 through 2015, for all information technology acquisition projects funded under this heading or 

funded by multiple components of the Department of Homeland Security through reimbursable agreements, that includes— 

(1) the proposed appropriations included for each project 

and activity tied to mission requirements, program management capabilities, performance levels, and specific capabilities 

and services to be delivered; 

(2) the total estimated cost and projected timeline of completion for all multi-year enhancements, modernizations, and 

new capabilities that are proposed in such budget or underway; 

(3) a detailed accounting of operations and maintenance 

and contractor services costs; and 


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(4) a current acquisition program baseline for each project, 

that— 

(A) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion 

from the original acquisition program baseline; 

(B) aligns the acquisition programs covered by the 

baseline to mission requirements by defining existing capabilities, identifying known capability gaps between such existing capabilities and stated mission requirements, and explaining how each increment will address such known capability gaps; and 

(C) defines life-cycle costs for such programs. 

ANALYSIS AND OPERATIONS

For necessary expenses for intelligence analysis and operations 

coordination activities, as authorized by title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), $338,068,000; of which not 

to exceed $4,250 shall be for official reception and representation expenses; and of which $141,521,000 shall remain available until 

September 30, 2013. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 

U.S.C. App.), $117,000,000, of which not to exceed $300,000 may be 

used for certain confidential operational expenses, including the 

payment of informants, to be expended at the direction of the Inspector General. 

TITLE II 

SECURITY, ENFORCEMENT, AND INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

For necessary expenses for enforcement of laws relating to border security, immigration, customs, agricultural inspections and 

regulatory activities related to plant and animal imports, and 

transportation of unaccompanied minor aliens; purchase and lease 

of up to 7,500 (6,500 for replacement only) police-type vehicles; and 

contracting with individuals for personal services abroad; 

$8,680,118,000; of which $3,274,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to 

the collection of the Harbor Maintenance Fee pursuant to section 

9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 

9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland 

Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not to exceed 

$38,250 shall be for official reception and representation expenses; 

of which not less than $287,901,000 shall be for Air and Marine 

Operations; of which such sums as become available in the Customs 

User Fee Account, except sums subject to section 13031(f)(3) of the 

Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

58c(f)(3)), shall be derived from that account; of which not to exceed 


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$150,000 shall be available for payment for rental space in connection with preclearance operations; of which not to exceed $1,000,000 

shall be for awards of compensation to informants, to be accounted 

for solely under the certificate of the Secretary of Homeland Security: Provided, That for fiscal year 2012, the overtime limitation prescribed in section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 

267(c)(1)) shall be $35,000; and notwithstanding any other provision of law, none of the funds appropriated by this Act may be 

available to compensate any employee of U.S. Customs and Border 

Protection for overtime, from whatever source, in an amount that exceeds such limitation, except in individual cases determined by the 

Secretary of Homeland Security, or the designee of the Secretary, to 

be necessary for national security purposes, to prevent excessive 

costs, or in cases of immigration emergencies: Provided further, 

That the Border Patrol shall maintain an active duty presence of 

not less than 21,370 full-time equivalent agents protecting the borders of the United States in the fiscal year: Provided further, That 

the Commissioner of U.S. Customs and Border Protection shall submit to the Committees on Appropriations of the Senate and the 

House of Representatives, with the congressional budget justification, a multi-year investment and management plan, to include 

each fiscal year starting with the current fiscal year and the 3 subsequent fiscal years, for inspection and detection technology supporting operations under this heading, including all non-intrusive 

inspection and radiation detection technology, that provides— 

(1) the funding level for all inspection and detection technology equipment by source; 

(2) the inventory of inspection and detection technology 

equipment by type and age; 

(3) the proposed appropriations for procurement of inspection and detection technology equipment by type, including 

quantity, for deployment, and for operations and maintenance; 

(4) projected funding levels for procurement of inspection 

and detection technology equipment by type, including quantity, 

for deployment, and for operations and maintenance for each of 

the 3 subsequent fiscal years; and 

(5) a current acquisition program baseline that— 

(A) aligns the acquisition of each technology to mission 

requirements by defining existing capabilities of comparable legacy technology assets, identifying known capability gaps between such existing capabilities and stated 

mission requirements, and explaining how the acquisition 

of each technology will address such known capability 

gaps; 

(B) defines life-cycle costs for each technology, including all associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose and fiscal year for the projected service life of the technology; and 

(C) includes a phase-out and decommissioning schedule delineated by fiscal year for existing legacy technology 

assets that each technology is intended to replace or recapitalize. 


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AUTOMATION MODERNIZATION

For expenses for U.S. Customs and Border Protection automated systems, $334,275,000, to remain available until September 

30, 2014, of which not less than $140,000,000 shall be for the development of the Automated Commercial Environment: Provided, That 

of the total amount made available under this heading, $25,000,000 

may not be obligated for the Automated Commercial Environment 

program until the Commissioner of U.S. Customs and Border Protection submits to the Committees on Appropriations of the Senate 

and the House of Representatives, not later than 60 days after the 

date of enactment of this Act, an expenditure plan for the Automated Commercial Environment program including results to date, 

plans for the program, and a list of projects with associated funding 

from prior appropriations and provided by this Act. 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

For expenses for border security fencing, infrastructure, and 

technology, $400,000,000, to remain available until September 30, 

2014: Provided, That of the total amount made available under this 

heading, $60,000,000 shall not be obligated until the Committees on 

Appropriations of the Senate and the House of Representatives receive a detailed plan for expenditure, prepared by the Commissioner 

of U.S. Customs and Border Protection, and submitted not later 

than 90 days after the date of enactment of this Act, for a program 

to establish and maintain a security barrier along the borders of the 

United States of fencing and vehicle barriers, where practicable, 

and of other forms of tactical infrastructure and technology: Provided further, That the Commissioner of U.S. Customs and Border 

Protection shall submit to the Committees on Appropriations of the 

Senate and the House of Representatives, at the time that the President’s budget is submitted each year under section 1105(a) of title 

31, United States Code, a multi-year investment and management 

plan for the Border Security Fencing, Infrastructure, and Technology account, that includes for each tactical infrastructure and 

technology deployment— 

(1) the funding level in that budget and projected funding 

levels for each of the next 3 fiscal years, including a description 

of the purpose of such funds; 

(2) the deployment plan, by border segment, that aligns 

each deployment to mission requirements by defining existing 

capabilities, identifying known capability gaps between such existing capabilities and stated mission requirements related to 

achieving operational control, and explaining how each tactical 

infrastructure or technology deployment will address such 

known capability gaps; and 

(3) a current acquisition program baseline that— 

(A) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion 

from the most recent acquisition program baseline approved by the Department of Homeland Security Acquisition Review Board; 

(B) includes a phase-out and life-cycle recapitalization 

schedule delineated by fiscal year for existing and new tacVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00166 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tical infrastructure and technology deployments that each 

deployment is intended to replace or recapitalize; and 

(C) includes qualitative performance metrics that assess the effectiveness of new and existing tactical infrastructure and technology deployments and inform the next 

multi-year investment and management plan related to 

achieving operational control of the Northern and Southwest borders of the United States. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

For necessary expenses for the operations, maintenance, and 

procurement of marine vessels, aircraft, unmanned aircraft systems, 

and other related equipment of the air and marine program, including operational training and mission-related travel, the operations 

of which include the following: the interdiction of narcotics and 

other goods; the provision of support to Federal, State, and local 

agencies in the enforcement or administration of laws enforced by 

the Department of Homeland Security; and, at the discretion of the 

Secretary of Homeland Security, the provision of assistance to Federal, State, and local agencies in other law enforcement and emergency humanitarian efforts, $503,966,000, to remain available until 

September 30, 2014: Provided, That no aircraft or other related 

equipment, with the exception of aircraft that are one of a kind and 

have been identified as excess to U.S. Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, 

or office outside of the Department of Homeland Security during fiscal year 2012 without the prior approval of the Committees on Appropriations of the Senate and the House of Representatives: Provided further, That the Secretary of Homeland Security shall report 

to the Committees on Appropriations of the Senate and the House 

of Representatives, not later than 90 days after the date of enactment of this Act, on the update to the 5-year strategic plan for the 

air and marine program directed in conference report 109–241 accompanying Public Law 109–90 that addresses missions, structure, 

operations, equipment, facilities, and resources including deployment and command and control requirements, and includes a recapitalization plan with milestones and funding, and a detailed 

staffing plan with associated costs to achieve full staffing to meet 

all mission requirements. 

CONSTRUCTION AND FACILITIES MANAGEMENT

For necessary expenses to plan, acquire, construct, renovate, 

equip, furnish, operate, manage, and maintain buildings, facilities, 

and related infrastructure necessary for the administration and enforcement of the laws relating to customs, immigration, and border 

security, $236,596,000, to remain available until September 30, 

2016: Provided, That for fiscal year 2012 and thereafter, the annual 

budget submission of U.S. Customs and Border Protection for ‘‘Construction and Facilities Management’’ shall, in consultation with 

the General Services Administration, include a detailed 5-year plan 

for all Federal land border port of entry projects with a yearly update of total projected future funding needs delineated by land port 


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of entry: Provided further, That the Commissioner of U.S. Customs 

and Border Protection shall submit to the Committees on Appropriations of the Senate and the House of Representatives, at the time 

that the President’s budget is submitted each year under section 

1105(a) of title 31, United States Code, an inventory of the real 

property of U.S. Customs and Border Protection and a plan for each 

activity and project proposed for funding under this heading that 

includes the full cost by fiscal year of each activity and project proposed and underway in fiscal year 2013. 

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

For necessary expenses for enforcement of immigration and customs laws, detention and removals, and investigations, including 

overseas vetted units operations; and purchase and lease of up to 

3,790 (2,350 for replacement only) police-type vehicles; 

$5,528,874,000; of which not to exceed $10,000,000 shall be available until expended for conducting special operations under section 

3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of 

which not to exceed $12,750 shall be for official reception and representation expenses; of which not to exceed $2,000,000 shall be for 

awards of compensation to informants, to be accounted for solely 

under the certificate of the Secretary of Homeland Security; of which 

not less than $305,000 shall be for promotion of public awareness 

of the child pornography tipline and activities to counter child exploitation; of which not less than $5,400,000 shall be used to facilitate agreements consistent with section 287(g) of the Immigration 

and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed 

$11,216,000 shall be available to fund or reimburse other Federal 

agencies for the costs associated with the care, maintenance, and repatriation of smuggled aliens unlawfully present in the United 

States: Provided, That none of the funds made available under this 

heading shall be available to compensate any employee for overtime 

in an annual amount in excess of $35,000, except that the Secretary 

of Homeland Security, or the designee of the Secretary, may waive 

that amount as necessary for national security purposes and in 

cases of immigration emergencies: Provided further, That of the 

total amount provided, $15,770,000 shall be for activities to enforce 

laws against forced child labor, of which not to exceed $6,000,000 

shall remain available until expended: Provided further, That of the 

total amount available, not less than $1,600,000,000 shall be available to identify aliens convicted of a crime who may be deportable, 

and to remove them from the United States once they are judged deportable, of which $189,064,000 shall remain available until September 30, 2013: Provided further, That the Assistant Secretary of 

Homeland Security for U.S. Immigration and Customs Enforcement 

shall report to the Committees on Appropriations of the Senate and 

the House of Representatives, not later than 45 days after the end 

of each quarter of the fiscal year, on progress in implementing the 

preceding proviso and the funds obligated during that quarter to 

make such progress: Provided further, That the Secretary of Homeland Security shall prioritize the identification and removal of 

aliens convicted of a crime by the severity of that crime: Provided 

further, That funding made available under this heading shall 


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maintain a level of not less than 34,000 detention beds through September 30, 2012: Provided further, That of the total amount provided, not less than $2,750,843,000 is for detention and removal operations, including transportation of unaccompanied minor aliens: 

Provided further, That of the total amount provided, $10,300,000 

shall remain available until September 30, 2013, for the Visa Security Program: Provided further, That none of the funds provided 

under this heading may be used to continue a delegation of law enforcement authority authorized under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) if the Department of 

Homeland Security Inspector General determines that the terms of 

the agreement governing the delegation of authority have been violated: Provided further, That none of the funds provided under this 

heading may be used to continue any contract for the provision of 

detention services if the two most recent overall performance evaluations received by the contracted facility are less than ‘‘adequate’’ or 

the equivalent median score in any subsequent performance evaluation system: Provided further, That nothing under this heading 

shall prevent U.S. Immigration and Customs Enforcement from exercising those authorities provided under immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act 

(8 U.S.C. 1101(a)(17))) during priority operations pertaining to 

aliens convicted of a crime. 

AUTOMATION MODERNIZATION

For expenses of immigration and customs enforcement automated systems, $21,710,000, to remain available until September 

30, 2016. 

TRANSPORTATION SECURITY ADMINISTRATION

AVIATION SECURITY

For necessary expenses of the Transportation Security Administration related to providing civil aviation security services pursuant 

to the Aviation and Transportation Security Act (Public Law 107– 

71; 115 Stat. 597; 49 U.S.C. 40101 note), $5,253,956,000, to remain 

available until September 30, 2013, of which not to exceed $8,500 

shall be for official reception and representation expenses: Provided, 

That of the total amount made available under this heading, not to 

exceed $4,167,631,000 shall be for screening operations, of which 

$543,103,000 shall be available for explosives detection systems; 

$204,768,000 shall be for checkpoint support; and not to exceed 

$1,086,325,000 shall be for aviation security direction and enforcement: Provided further, That of the amount made available in the 

preceding proviso for explosives detection systems, $222,738,000 

shall be available for the purchase and installation of these systems, 

of which not less than 10 percent shall be available for the purchase 

and installation of certified explosives detection systems at mediumand small-sized airports: Provided further, That any award to deploy explosives detection systems shall be based on risk, the airport’s 

current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport 

readiness, and increased cost effectiveness: Provided further, That 

security service fees authorized under section 44940 of title 49, 


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United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation security: 

Provided further, That the sum appropriated under this heading 

from the general fund shall be reduced on a dollar-for-dollar basis 

as such offsetting collections are received during fiscal year 2012 so 

as to result in a final fiscal year appropriation from the general 

fund estimated at not more than $3,223,956,000: Provided further, 

That any security service fees collected in excess of the amount made 

available under this heading shall become available during fiscal 

year 2013: Provided further, That notwithstanding section 44923 of 

title 49, United States Code, for fiscal year 2012, any funds in the 

Aviation Security Capital Fund established by section 44923(h) of 

title 49, United States Code, may be used for the procurement and 

installation of explosives detection systems or for the issuance of 

other transaction agreements for the purpose of funding projects described in section 44923(a): Provided further, That none of the 

funds made available in this Act may be used for any recruiting or 

hiring of personnel into the Transportation Security Administration 

that would cause the agency to exceed a staffing level of 46,000 fulltime equivalent screeners: Provided further, That the preceding proviso shall not apply to personnel hired as part-time employees: Provided further, That not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit 

to the Committees on Appropriations of the Senate and the House 

of Representatives a detailed report on— 

(1) the Department of Homeland Security efforts and resources being devoted to develop more advanced integrated passenger screening technologies for the most effective security of 

passengers and baggage at the lowest possible operating and 

acquisition costs; 

(2) how the Transportation Security Administration is deploying its existing passenger and baggage screener workforce 

in the most cost effective manner; and 

(3) labor savings from the deployment of improved technologies for passenger and baggage screening and how those 

savings are being used to offset security costs or reinvested to 

address security vulnerabilities: 

Provided further, That Members of the United States House of Representatives and United States Senate, including the leadership; the 

heads of Federal agencies and commissions, including the Secretary, Deputy Secretary, Under Secretaries, and Assistant Secretaries of the Department of Homeland Security; the United States 

Attorney General, Deputy Attorney General, Assistant Attorneys 

General, and the United States Attorneys; and senior members of 

the Executive Office of the President, including the Director of the 

Office of Management and Budget, shall not be exempt from Federal 

passenger and baggage screening. 

SURFACE TRANSPORTATION SECURITY

For necessary expenses of the Transportation Security Administration related to surface transportation security activities, 

$134,748,000, to remain available until September 30, 2013. 


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TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

For necessary expenses for the development and implementation 

of screening programs of the Office of Transportation Threat Assessment and Credentialing, $163,954,000, to remain available until 

September 30, 2013. 

TRANSPORTATION SECURITY SUPPORT

For necessary expenses of the Transportation Security Administration related to transportation security support and intelligence 

pursuant to the Aviation and Transportation Security Act (Public 

Law 107–71; 115 Stat. 597; 49 U.S.C. 40101 note), $1,031,926,000, 

to remain available until September 30, 2013: Provided, That of the 

funds appropriated under this heading, $20,000,000 may not be obligated for headquarters administration until the Administrator of 

the Transportation Security Administration submits to the Committees on Appropriations of the Senate and the House of Representatives detailed expenditure plans for air cargo security, checkpoint 

support, and explosives detection systems refurbishment, procurement, and installations on an airport-by-airport basis for fiscal year 

2012: Provided further, That these plans shall be submitted not 

later than 60 days after the date of enactment of this Act. 

FEDERAL AIR MARSHALS

For necessary expenses of the Federal Air Marshals, 

$966,115,000. 

COAST GUARD

OPERATING EXPENSES

For necessary expenses for the operation and maintenance of the 

Coast Guard, not otherwise provided for; purchase or lease of not 

to exceed 25 passenger motor vehicles, which shall be for replacement only; purchase or lease of small boats for contingent and emergent requirements (at a unit cost of no more than $700,000) and repairs and service-life replacements, not to exceed a total of 

$31,000,000; purchase or lease of boats necessary for overseas deployments and activities; minor shore construction projects not exceeding $1,000,000 in total cost at any location; payments pursuant 

to section 156 of Public Law 97–377 (42 U.S.C. 402 note; 96 Stat. 

1920); and recreation and welfare; $7,051,054,000, of which 

$598,000,000 shall be for defense-related activities, of which 

$258,000,000 is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985; of which $24,500,000 shall be derived from the Oil 

Spill Liability Trust Fund to carry out the purposes of section 

1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); 

and of which not to exceed $17,000 shall be for official reception 

and representation expenses: Provided, That none of the funds made 

available by this Act shall be for expenses incurred for recreational 

vessels under section 12114 of title 46, United States Code, except 

to the extent fees are collected from owners of yachts and credited 

to this appropriation: Provided further, That the Coast Guard shall 


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comply with the requirements of section 527 of the National Defense 

Authorization Act for Fiscal Year 2004 (10 U.S.C. 4331 note) with 

respect to the Coast Guard Academy: Provided further, That of the 

funds provided under this heading, $75,000,000 shall be withheld 

from obligation for Coast Guard Headquarters Directorates until a 

revised future-years capital investment plan for fiscal years 2013 

through 2017, as specified under the heading Coast Guard ‘‘Acquisition, Construction, and Improvements’’ of this Act is submitted to 

the Committees on Appropriations of the Senate and the House of 

Representatives: Provided further, That funds made available under 

this heading for Overseas Contingency Operations/Global War on 

Terrorism may be allocated by program, project, and activity, notwithstanding section 503 of this Act. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter 19 

of title 14, United States Code, $13,500,000, to remain available 

until September 30, 2016. 

RESERVE TRAINING

For necessary expenses of the Coast Guard Reserve, as authorized by law; operations and maintenance of the Coast Guard reserve 

program; personnel and training costs; and equipment and services; 

$134,278,000. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

For necessary expenses of acquisition, construction, renovation, 

and improvement of aids to navigation, shore facilities, vessels, and 

aircraft, including equipment related thereto; and maintenance, rehabilitation, lease and operation of facilities and equipment; as authorized by law; $1,403,924,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 

U.S.C. 2712(a)(5)); of which $20,000,000 shall remain available 

until September 30, 2016, for military family housing, of which not 

more than $14,000,000 shall be derived from the Coast Guard 

Housing Fund, established pursuant to 14 U.S.C. 687; of which 

$642,000,000 shall be available until September 30, 2016, to acquire, effect major repairs to, renovate, or improve vessels, small 

boats, and related equipment; of which $289,900,000 shall be available until September 30, 2016, to acquire, effect major repairs to, 

renovate, or improve aircraft or increase aviation capability; of 

which $161,140,000 shall be available until September 30, 2016, for 

other acquisition programs; of which $180,692,000 shall be available until September 30, 2016, for shore facilities and aids to navigation, including waterfront facilities at Navy installations used by 

the Coast Guard; of which $110,192,000 shall be available for personnel compensation and benefits and related costs: Provided, That 

the funds provided by this Act shall be immediately available and 

allotted to contract for long lead time materials, components, and 

designs for the sixth National Security Cutter notwithstanding the 

availability of funds for production costs or post-production costs: 

Provided further, That the Secretary of Homeland Security shall 


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submit to the Committees on Appropriations of the Senate and the 

House of Representatives, at the time that the President’s budget is 

submitted each year under section 1105(a) of title 31, United States 

Code, a future-years capital investment plan for the Coast Guard 

that identifies for each requested capital asset— 

(1) the proposed appropriations included in that budget; 

(2) the total estimated cost of completion, including and 

clearly delineating the costs of associated major acquisition systems infrastructure and transition to operations; 

(3) projected funding levels for each fiscal year for the next 

5 fiscal years or until acquisition program baseline or project 

completion, whichever is earlier; 

(4) an estimated completion date at the projected funding 

levels; and 

(5) a current acquisition program baseline for each capital 

asset, as applicable, that— 

(A) includes the total acquisition cost of each asset, 

subdivided by fiscal year and including a detailed description of the purpose of the proposed funding levels for each 

fiscal year, including for each fiscal year funds requested 

for design, pre-acquisition activities, production, structural 

modifications, missionization, post-delivery, and transition 

to operations costs; 

(B) includes a detailed project schedule through completion, subdivided by fiscal year, that details— 

(i) quantities planned for each fiscal year; and 

(ii) major acquisition and project events, including 

development of operational requirements, contracting 

actions, design reviews, production, delivery, test and 

evaluation, and transition to operations, including necessary training, shore infrastructure, and logistics; 

(C) notes and explains any deviations in cost, performance parameters, schedule, or estimated date of completion 

from the original acquisition program baseline and the 

most recent baseline approved by the Department of Homeland Security’s Acquisition Review Board, if applicable; 

(D) aligns the acquisition of each asset to mission requirements by defining existing capabilities of comparable 

legacy assets, identifying known capability gaps between 

such existing capabilities and stated mission requirements, 

and explaining how the acquisition of each asset will address such known capability gaps; 

(E) defines life-cycle costs for each asset and the date 

of the estimate on which such costs are based, including all 

associated costs of major acquisitions systems infrastructure and transition to operations, delineated by purpose 

and fiscal year for the projected service life of the asset; 

(F) includes the earned value management system summary schedule performance index and cost performance 

index for each asset, if applicable; and 

(G) includes a phase-out and decommissioning schedule delineated by fiscal year for each existing legacy asset 

that each asset is intended to replace or recapitalize: 

Provided further, That the Secretary of Homeland Security shall ensure that amounts specified in the future-years capital investment 


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plan are consistent, to the maximum extent practicable, with proposed appropriations necessary to support the programs, projects, 

and activities of the Coast Guard in the President’s budget as submitted under section 1105(a) of title 31, United States Code, for that 

fiscal year: Provided further, That any inconsistencies between the 

capital investment plan and proposed appropriations shall be identified and justified: Provided further, That subsections (a) and (b) 

of section 6402 of Public Law 110–28 shall apply with respect to the 

amounts made available under this heading. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

For necessary expenses for applied scientific research, development, test, and evaluation; and for maintenance, rehabilitation, 

lease, and operation of facilities and equipment; as authorized by 

law; $27,779,000, to remain available until September 30, 2016, of 

which $500,000 shall be derived from the Oil Spill Liability Trust 

Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may 

be credited to and used for the purposes of this appropriation funds 

received from State and local governments, other public authorities, 

private sources, and foreign countries for expenses incurred for research, development, testing, and evaluation. 

RETIRED PAY

For retired pay, including the payment of obligations otherwise 

chargeable to lapsed appropriations for this purpose, payments 

under the Retired Serviceman’s Family Protection and Survivor 

Benefits Plans, payment for career status bonuses, concurrent receipts and combat-related special compensation under the National 

Defense Authorization Act, and payments for medical care of retired 

personnel and their dependents under chapter 55 of title 10, United 

States Code, $1,440,157,000, to remain available until expended. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For necessary expenses of the United States Secret Service, including purchase of not to exceed 652 vehicles for police-type use for 

replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United States; hire of aircraft; services of expert witnesses at such rates as may be determined by the Director 

of the Secret Service; rental of buildings in the District of Columbia, 

and fencing, lighting, guard booths, and other facilities on private 

or other property not in Government ownership or control, as may 

be necessary to perform protective functions; payment of per diem or 

subsistence allowances to employees in cases in which a protective 

assignment on the actual day or days of the visit of a protectee requires an employee to work 16 hours per day or to remain overnight 

at a post of duty; conduct of and participation in firearms matches; 

presentation of awards; travel of United States Secret Service employees on protective missions without regard to the limitations on 

such expenditures in this or any other Act if approval is obtained 

in advance from the Committees on Appropriations of the Senate 

and the House of Representatives; research and development; grants 


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to conduct behavioral research in support of protective research and 

operations; and payment in advance for commercial accommodations as may be necessary to perform protective functions; 

$1,661,237,000, of which not to exceed $21,250 shall be for official 

reception and representation expenses; of which not to exceed 

$100,000 shall be to provide technical assistance and equipment to 

foreign law enforcement organizations in counterfeit investigations; 

of which $2,366,000 shall be for forensic and related support of investigations of missing and exploited children; and of which 

$6,000,000 shall be for a grant for activities related to investigations of missing and exploited children and shall remain available 

until September 30, 2013: Provided, That up to $18,000,000 for protective travel shall remain available until September 30, 2013: Provided further, That up to $19,307,000 for National Special Security 

Events shall remain available until September 30, 2013: Provided 

further, That the United States Secret Service is authorized to obligate funds in anticipation of reimbursements from Federal agencies 

and entities, as defined in section 105 of title 5, United States Code, 

for personnel receiving training sponsored by the James J. Rowley 

Training Center, except that total obligations at the end of the fiscal 

year shall not exceed total budgetary resources available under this 

heading at the end of the fiscal year: Provided further, That none 

of the funds made available under this heading shall be available 

to compensate any employee for overtime in an annual amount in 

excess of $35,000, except that the Secretary of Homeland Security, 

or the designee of the Secretary, may waive that amount as necessary for national security purposes: Provided further, That none 

of the funds made available to the United States Secret Service by 

this Act or by previous appropriations Acts may be made available 

for the protection of the head of a Federal agency other than the 

Secretary of Homeland Security: Provided further, That the Director 

of the United States Secret Service may enter into an agreement to 

provide such protection on a fully reimbursable basis: Provided further, That of the total amount made available under this heading, 

$43,843,000, to remain available until September 30, 2014, is for information integration and technology transformation: Provided further, That $20,000,000 made available in the preceding proviso 

shall not be obligated to purchase or install information technology 

equipment until the Department of Homeland Security Chief Information Officer submits a report to the Committees on Appropriations of the Senate and the House of Representatives certifying that 

all plans for integration and transformation are consistent with Department of Homeland Security data center migration and enterprise architecture requirements: Provided further, That none of the 

funds made available to the United States Secret Service by this Act 

or by previous appropriations Acts may be obligated for the purpose 

of opening a new permanent domestic or overseas office or location 

unless the Committees on Appropriations of the Senate and the 

House of Representatives are notified 15 days in advance of such obligation. 


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ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For necessary expenses for acquisition, construction, repair, al- teration, and improvement of facilities, $5,380,000, to remain available until September 30, 2016. 

TITLE III 

PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for the National Protection and Programs Directorate, support for 

operations, information technology, and the Office of Risk Management and Analysis, $50,695,000: Provided, That not to exceed 

$4,250 shall be for official reception and representation expenses: 

Provided further, That, subject to section 503 of this Act, the Secretary of Homeland Security may transfer up to $4,241,000 to the 

Office of Policy under the heading Departmental Management and 

Operations ‘‘Office of the Secretary and Executive Management’’ for 

activities related to risk management and analysis: Provided further, That in the preceding proviso notification shall take place not 

later than 90 days after the date of enactment of this Act: Provided 

further, That any funds not transferred pursuant to the penultimate 

proviso shall be available solely to close out the Office of Risk Management and Analysis not later than September 30, 2012, and shall 

not be available for further transfer or reprogramming pursuant to 

section 503 of this Act. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

For necessary expenses for infrastructure protection and information security programs and activities, as authorized by title II of 

the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), 

$888,243,000, of which $200,000,000 shall remain available until 

September 30, 2013: Provided, That the Under Secretary for the National Protection and Programs Directorate shall submit a plan for 

expenditure for the National Cyber Security Division and the Office 

of Infrastructure Protection, to the Committees on Appropriations of 

the Senate and the House of Representatives, not later than 90 days 

after the date of enactment of this Act. 

FEDERAL PROTECTIVE SERVICE

The revenues and collections of security fees credited to this account shall be available until expended for necessary expenses related to the protection of federally owned and leased buildings and 

for the operations of the Federal Protective Service: Provided, That 

the Secretary of Homeland Security and the Director of the Office 

of Management and Budget shall certify in writing to the Committees on Appropriations of the Senate and the House of Representatives not later than December 31, 2011, that the operations of the 

Federal Protective Service will be fully funded in fiscal year 2012 

through revenues and collection of security fees, and shall adjust the 


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fees to ensure fee collections are sufficient to ensure that the Federal 

Protective Service maintains not fewer than 1,371 full-time equivalent staff and 1,007 full-time equivalent Police Officers, Inspectors, 

Area Commanders, and Special Agents who, while working, are directly engaged on a daily basis protecting and enforcing laws at 

Federal buildings (referred to as ‘‘in-service field staff’’): Provided 

further, That an expenditure plan for fiscal year 2012 shall be provided to the Committees on Appropriations of the Senate and the 

House of Representatives not later than 60 days after the date of enactment of this Act: Provided further, That the Director of the Federal Protective Service shall include with the submission of the 

President’s fiscal year 2013 budget a strategic human capital plan 

that aligns fee collections to personnel requirements based on a current threat assessment. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

For necessary expenses for the United States Visitor and Immigrant Status Indicator Technology program, as authorized by section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $306,802,000, of which 

$9,400,000 is for development of a comprehensive plan for implementation of biometric air exit and improvements to biographic 

entry-exit capabilities: Provided, That of the total amount made 

available under this heading, $194,295,000 is to remain available 

until September 30, 2014: Provided further, That of the total 

amount provided, $50,000,000 may not be obligated for the United 

States Visitor and Immigrant Status Indicator Technology program 

until the Secretary of Homeland Security submits to the Committees 

on Appropriations of the Senate and the House of Representatives 

at the time that the President’s budget is submitted each year under 

section 1105(a) of title 31, United States Code, a multi-year investment and management plan, to include each fiscal year starting 

with the current fiscal year, and the following 3 fiscal years, for the 

United States Visitor and Immigrant Status Indicator Technology 

program that includes— 

(1) the proposed appropriations for each activity tied to 

mission requirements and outcomes, program management capabilities, performance levels, and specific capabilities and services to be delivered, noting any deviations in cost or performance from the prior fiscal year expenditure or investment and 

management plan; 

(2) the total estimated cost, projected funding by fiscal year, 

and projected timeline of completion for all enhancements, modernizations, and new capabilities proposed in such budget and 

underway, including and clearly delineating associated efforts 

and funds requested by other agencies within the Department 

of Homeland Security and in the Federal Government, and detailing any deviations in cost, performance, schedule, or estimated date of completion provided in the prior fiscal year expenditure or investment and management plan; and 

(3) a detailed accounting of operations and maintenance, 

contractor services, and program costs associated with the management of identity services. 


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OFFICE OF HEALTH AFFAIRS

For necessary expenses of the Office of Health Affairs, 

$167,449,000; of which $29,671,000 is for salaries and expenses and 

$90,164,000 is for BioWatch operations: Provided, That $47,614,000 

shall remain available until September 30, 2013, for biosurveillance, BioWatch Generation 3, chemical defense, medical and health 

planning and coordination, and workforce health protection: Provided further, That not to exceed $2,500 shall be for official reception and representation expenses: Provided further, That the Assistant Secretary for the Office of Health Affairs shall submit an expenditure plan for fiscal year 2012 to the Committees on Appropriations of the Senate and the House of Representatives not later than 

60 days after the date of enactment of this Act. 

FEDERAL EMERGENCY MANAGEMENT AGENCY

SALARIES AND EXPENSES

For necessary expenses of the Federal Emergency Management 

Agency, $895,350,000, including activities authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5121 et seq.), the Cerro Grande Fire Assistance Act of 2000 

(division C, title I, 114 Stat. 583), the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production Act 

of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the 

National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization 

Plan No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 

2002 (6 U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109–295; 120 Stat. 1394): 

Provided, That not to exceed $2,500 shall be for official reception 

and representation expenses: Provided further, That the Administrator of the Federal Emergency Management Agency may reprogram funds made available under this heading between programs, 

projects, and activities prior to April 16, 2012, notwithstanding section 503 of this Act: Provided further, That $1,400,000 of the funds 

available for the Office of the Administrator of the Federal Emergency Management Agency shall not be available for obligation 

until the Administrator of the Federal Emergency Management 

Agency submits to the Committees on Appropriations of the Senate 

and the House of Representatives the National Preparedness Report 

required by Public Law 109–295 and a comprehensive plan to implement a system to measure the effectiveness of grants to State and 

local communities in fiscal year 2012: Provided further, That for 

purposes of planning, coordination, execution, and decision making 

related to mass evacuation during a disaster, the Governors of the 

State of West Virginia and the Commonwealth of Pennsylvania, or 

their designees, shall be incorporated into efforts to integrate the activities of Federal, State, and local governments in the National 

Capital Region, as defined in section 882 of the Homeland Security 

Act of 2002 (Public Law 107–296): Provided further, That of the 

total amount made available under this heading, $41,250,000 shall 

be for the Urban Search and Rescue Response System, of which not 

to exceed $1,600,000 may be made available for administrative 

costs; $5,493,000 shall be for the Office of National Capital Region 


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Coordination; not to exceed $12,000,000 shall remain available 

until September 30, 2013, for capital improvements at the Mount 

Weather Emergency Operations Center; and not less than 

$13,662,000 shall be for expenses related to modernization of automated systems: Provided further, That the Administrator of the Federal Emergency Management Agency, in consultation with the Department of Homeland Security Chief Information Officer, shall 

submit to the Committees on Appropriations of the Senate and the 

House of Representatives a strategic plan, not later than 180 days 

after the date of enactment of this Act, for the funds specified in the 

preceding proviso related to modernization of automated systems, 

that includes— 

(1) a comprehensive plan to automate and modernize information systems to resolve current inefficiencies, integrate data, 

and aid in better performance of executing the Agency-wide mission; 

(2) a description of the appropriations for each project and 

activity tied to mission requirements and outcomes, program 

management capabilities, performance levels, and specific capabilities and services to be delivered; 

(3) the total estimated cost and projected timeline of completion for all multi-year enhancements, modernizations, and 

new capabilities proposed and underway covering a period of 

no less than 3 years; 

(4) a detailed accounting of operations and maintenance 

and contractor services costs; and 

(5) the current or planned acquisition programs including— 

(A) how the programs align to mission requirements by 

defining existing capabilities, identifying known capability 

gaps between such existing capabilities and stated mission 

requirements, and explaining how each increment will address a known capability gap; 

(B) how programs provide quantifiable information 

that aids in understanding national emergency management capabilities; 

(C) how programs ensure information sharing among 

homeland security partners; and 

(D) life-cycle costs for all acquisitions. 

STATE AND LOCAL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For grants, contracts, cooperative agreements, and other activities, $1,349,681,000, which shall be distributed, according to threat, 

vulnerability, and consequence, at the discretion of the Secretary of 

Homeland Security based on the following authorities: 

(1) The State Homeland Security Grant Program under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605): 

Provided, That notwithstanding subsection (c)(4) of such section 

2004, for fiscal year 2012, the Commonwealth of Puerto Rico 

shall make available to local and tribal governments amounts 

provided to the Commonwealth of Puerto Rico under this paragraph in accordance with subsection (c)(1) of such section 2004. 


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(2) The Urban Area Security Initiative under section 2003 

of the Homeland Security Act of 2002 (6 U.S.C. 604). 

(3) The Metropolitan Medical Response System under section 635 of the Post-Katrina Emergency Management Reform 

Act of 2006 (6 U.S.C. 723). 

(4) The Citizen Corps Program. 

(5) Public Transportation Security Assistance and Railroad 

Security Assistance, under sections 1406 and 1513 of the Implementing Recommendations of the 9/11 Commission Act of 2007 

(6 U.S.C. 1135 and 1163), including Amtrak security: Provided, 

That such public transportation security assistance shall be 

provided directly to public transportation agencies. 

(6) Over-the-Road Bus Security Assistance under section 

1532 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1182). 

(7) Port Security Grants in accordance with 46 U.S.C. 

70107. 

(8) The Driver’s License Security Grants Program in accordance with section 204 of the REAL ID Act of 2005 (49 

U.S.C. 30301 note). 

(9) The Interoperable Emergency Communications Grant 

Program under section 1809 of the Homeland Security Act of 

2002 (6 U.S.C. 579). 

(10) Emergency Operations Centers under section 614 of the 

Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5196c). 

(11) Buffer Zone Protection Program Grants. 

(12) Organizations (as described under section 501(c)(3) of 

the Internal Revenue Code of 1986 and exempt from tax section 

501(a) of such code) determined by the Secretary to be at high 

risk of a terrorist attack: 

Provided, That of the amount provided under this heading, 

$50,000,000 shall be for Operation Stonegarden and no less than 

$100,000,000 shall be for areas at the highest threat of a terrorist 

attack: Provided further, That $231,681,000 shall be for training, 

exercises, technical assistance, and other programs, of which 

$155,500,000 shall be for training of State, local, and tribal emergency response providers: Provided further, That for grants under 

paragraphs (1) through (12), applications for grants shall be made 

available to eligible applicants not later than 60 days after the date 

of enactment of this Act, that eligible applicants shall submit applications not later than 80 days after the grant announcement, and 

the Administrator of the Federal Emergency Management Agency 

shall act within 65 days after the receipt of an application: Provided 

further, That notwithstanding section 2008(a)(11) of the Homeland 

Security Act of 2002 (6 U.S.C. 609(a)(11)), or any other provision of 

law, a grantee may use not more than 5 percent of the amount of 

a grant made available under this heading for expenses directly related to administration of the grant: Provided further, That 6.8 percent of the amounts provided under this heading shall be transferred to the Federal Emergency Management Agency ‘‘Salaries and 

Expenses’’ account for program administration: Provided further, 

That for grants under paragraphs (1) and (2), the installation of 

communication towers is not considered construction of a building 

or other physical facility: Provided further, That grantees shall proVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00180 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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vide reports on their use of funds, as determined necessary by the 

Secretary of Homeland Security: Provided further, That in fiscal 

year 2012: (a) the Center for Domestic Preparedness may provide 

training to emergency response providers from the Federal Government, foreign governments, or private entities, if the Center for Domestic Preparedness is reimbursed for the cost of such training, and 

any reimbursement under this subsection shall be credited to the account from which the expenditure being reimbursed was made and 

shall be available, without fiscal year limitation, for the purposes 

for which amounts in the account may be expended; (b) the head of 

the Center for Domestic Preparedness shall ensure that any training 

provided under (a) does not interfere with the primary mission of 

the Center to train state and local emergency response providers; 

and (c) subject to (b), nothing in (a) prohibits the Center for Domestic Preparedness from providing training to employees of the Federal Emergency Management Agency in existing chemical, biological, radiological, nuclear, explosives, mass casualty, and medical 

surge courses pursuant to 5 U.S.C. 4103 without reimbursement for 

the cost of such training. 

FIREFIGHTER ASSISTANCE GRANTS

For necessary expenses for programs authorized by the Federal 

Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.), 

$675,000,000, to remain available until September 30, 2013, of 

which $337,500,000 shall be available to carry out section 33 of that 

Act (15 U.S.C. 2229) and $337,500,000 shall be available to carry 

out section 34 of that Act (15 U.S.C. 2229a): Provided, That not to 

exceed 5 percent of the amount available under this heading shall 

be available for program administration. 

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

For necessary expenses for emergency management performance 

grants, as authorized by the National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake 

Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.), $350,000,000: Provided, That total administrative costs shall not exceed 3 percent of 

the total amount appropriated under this heading. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

The aggregate charges assessed during fiscal year 2012, as authorized in title III of the Departments of Veterans Affairs and 

Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 

percent of the amounts anticipated by the Department of Homeland 

Security necessary for its radiological emergency preparedness program for the next fiscal year: Provided, That the methodology for assessment and collection of fees shall be fair and equitable and shall 

reflect costs of providing such services, including administrative 

costs of collecting such fees: Provided further, That fees received 

under this heading shall be deposited in this account as offsetting 

collections and will become available for authorized purposes on October 1, 2012, and remain available until expended. 


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UNITED STATES FIRE ADMINISTRATION

For necessary expenses of the United States Fire Administration 

and for other purposes, as authorized by the Federal Fire Prevention 

and Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland 

Security Act of 2002 (6 U.S.C. 101 et seq.), $44,038,000. 

DISASTER RELIEF FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in carrying out the Robert T. Stafford 

Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et 

seq.), $700,000,000, to remain available until expended, of which 

$24,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided, That the Administrator of the Federal 

Emergency Management Agency shall submit an expenditure plan 

to the Committees on Appropriations of the Senate and the House 

of Representatives detailing the use of the funds made available in 

this or any other Act for disaster readiness and support not later 

than 60 days after the date of enactment of this Act: Provided further, That the Administrator of the Federal Emergency Management 

Agency shall submit to such Committees a quarterly report detailing 

obligations against the expenditure plan and a justification for any 

changes from the initial plan: Provided further, That the matter 

under this heading in title III of division E of Public Law 110–161 

is amended by striking the fourth proviso: Provided further, That 

the Administrator of the Federal Emergency Management Agency 

shall submit to the Committees on Appropriations of the Senate and 

the House of Representatives the following reports, including a specific description of the methodology and the source data used in developing such reports: 

(1) an estimate of the following amounts shall be submitted 

for the budget year at the time that the President’s budget is 

submitted each year under section 1105(a) of title 31, United 

States Code: 

(A) the unobligated balance of funds to be carried over 

from the prior fiscal year to the budget year; 

(B) the unobligated balance of funds to be carried over 

from the budget year to the budget year plus 1; 

(C) the amount of obligations for non-catastrophic 

events for the budget year; 

(D) the amount of obligations for the budget year for 

catastrophic events delineated by event and by State; 

(E) the total amount that has been previously obligated 

or will be required for catastrophic events delineated by 

event and by State for all prior years, the current year, the 

budget year, the budget year plus 1, the budget year plus 

2, and the budget year plus 3 and beyond; 

(F) the amount of previously obligated funds that will 

be recovered for the budget year; 

(G) the amount that will be required for obligations for 

emergencies, as described in section 102(1) of the Robert T. 

Stafford Disaster Relief and Emergency Assistance Act (42 

U.S.C. 5122(1)), major disasters, as described in section 


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102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), fire management 

assistance grants, as described in section 420 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5187), surge activities, and disaster readiness 

and support activities; 

(H) the amount required for activities not covered 

under section 251(b)(2)(D)(iii) of the Balanced Budget and 

Emergency Deficit Control Act of 1985 (2 U.S.C. 

901(b)(2)(D)(iii); Public Law 99–177); 

(2) an estimate or actual amounts, if available, of the following for the current fiscal year shall be submitted not later 

than the fifth day of each month beginning with the first full 

month after the date of enactment of this Act: 

(A) a summary of the amount of appropriations made 

available by source, the transfers executed, the previously 

allocated funds recovered, and the commitments, allocations, and obligations made; 

(B) a table of disaster relief activity delineated by 

month, including— 

(i) the beginning and ending balances; 

(ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; 

(iii) the obligations for catastrophic events delineated by event and by State; and 

(iv) the amount of previously obligated funds that 

are recovered; 

(C) a summary of allocations, obligations, and expenditures for catastrophic events delineated by event; and 

(D) the date on which funds appropriated will be exhausted. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

For activities under section 319 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5162), 

$295,000 is for the cost of direct loans: Provided, That gross obligations for the principal amount of direct loans shall not exceed 

$25,000,000: Provided further, That the cost of modifying such 

loans shall be as defined in section 502 of the Congressional Budget 

Act of 1974 (2 U.S.C. 661a). 

FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM

For necessary expenses, including administrative costs, under 

section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 

4101), $97,712,000, and such additional sums as may be provided 

by State and local governments or other political subdivisions for 

cost-shared mapping activities under section 1360(f)(2) of such Act 

(42 U.S.C. 4101(f)(2)), to remain available until expended. 

NATIONAL FLOOD INSURANCE FUND

For activities under the National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 

1973 (42 U.S.C. 4001 et seq.), $171,000,000, which shall be derived 


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from offsetting collections assessed and collected under section 

1308(d) of the National Flood Insurance Act of 1968 (42 U.S.C. 

4015(d)); of which not to exceed $22,000,000 shall be available for 

salaries and expenses associated with flood mitigation and flood insurance operations; and not less than $149,000,000 shall be available for flood plain management and flood mapping, which shall 

remain available until September 30, 2013: Provided, That any additional fees collected pursuant to section 1308(d) of the National 

Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) shall be credited 

as an offsetting collection to this account, to be available for flood 

plain management and flood mapping: Provided further, That in 

fiscal year 2012, no funds shall be available from the National 

Flood Insurance Fund under section 1310 of that Act (42 U.S.C. 

4017) in excess of: 

(1) $132,000,000 for operating expenses; 

(2) $1,007,571,000 for commissions and taxes of agents; 

(3) such sums as are necessary for interest on Treasury borrowings; and 

(4) $60,000,000, which shall remain available until expended for flood mitigation actions; of which not less than 

$10,000,000 is for severe repetitive loss properties under section 

1361A of the National Flood Insurance Act of 1968 (42 U.S.C. 

4102a); of which $10,000,000 shall be for repetitive insurance 

claims properties under section 1323 of the National Flood Insurance Act of 1968 (42 U.S.C. 4030); and of which $40,000,000 

shall be for flood mitigation assistance under section 1366 of 

the National Flood Insurance Act of 1968 (42 U.S.C. 4104c), 

notwithstanding subparagraphs (B) and (C) of subsection (b)(3) 

and subsection (f) of section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c) and notwithstanding subsection (a)(7) of section 1310 of the National Flood Insurance 

Act of 1968 (42 U.S.C. 4017): 

Provided further, That the amounts collected under section 102 of 

the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section 1366(i) of the National Flood Insurance Act of 1968 shall be 

deposited in the National Flood Insurance Fund to supplement 

other amounts specified as available for section 1366 of the National Insurance Act of 1968, notwithstanding subsection (f)(8) of 

such section 102 (42 U.S.C. 4012a(f)(8) and subsection 1366(i) and 

paragraphs (2) and (3) of section 1367(b) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104c(i), 4104d(b)(2)–(3)): Provided 

further, That total administrative costs shall not exceed 4 percent 

of the total appropriation. 

NATIONAL PREDISASTER MITIGATION FUND

For the predisaster mitigation grant program under section 203 

of the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5133), $35,500,000, to remain available until expended: Provided, That the total administrative costs associated 

with such grants shall not exceed $3,000,000 of the total amount 

made available under this heading. 


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EMERGENCY FOOD AND SHELTER

To carry out the emergency food and shelter program pursuant 

to title III of the McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11331 et seq.), $120,000,000, to remain available until expended: Provided, That total administrative costs shall not exceed 

3.5 percent of the total amount made available under this heading. 

TITLE IV 

RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

For necessary expenses for citizenship and immigration services, 

$102,424,000 for the E-Verify Program, as described in section 

403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), to assist United States employers with maintaining a legal workforce: Provided, That notwithstanding any other provision of law, funds otherwise made available to United States Citizenship and Immigration Services may be 

used to acquire, operate, equip, and dispose of up to 5 vehicles, for 

replacement only, for areas where the Administrator of General 

Services does not provide vehicles for lease: Provided further, That 

the Director of United States Citizenship and Immigration Services 

may authorize employees who are assigned to those areas to use 

such vehicles to travel between the employees’ residences and places 

of employment. 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Law Enforcement Training Center, including materials and support costs of Federal law enforcement basic training; the purchase of not to exceed 117 vehicles 

for police-type use and hire of passenger motor vehicles; expenses for 

student athletic and related activities; the conduct of and participation in firearms matches and presentation of awards; public awareness and enhancement of community support of law enforcement 

training; room and board for student interns; a flat monthly reimbursement to employees authorized to use personal mobile phones 

for official duties; and services as authorized by section 3109 of title 

5, United States Code; $238,957,000; of which up to $48,978,000 

shall remain available until September 30, 2013, for materials and 

support costs of Federal law enforcement basic training; of which 

$300,000 shall remain available until expended to be distributed to 

Federal law enforcement agencies for expenses incurred participating in training accreditation; and of which not to exceed $10,200 

shall be for official reception and representation expenses: Provided, 

That the Center is authorized to obligate funds in anticipation of reimbursements from agencies receiving training sponsored by the 

Center, except that total obligations at the end of the fiscal year 

shall not exceed total budgetary resources available at the end of the 

fiscal year: Provided further, That section 1202(a) of Public Law 

107–206 (42 U.S.C. 3771 note), as amended by Public Law 111–83 

(123 Stat. 2166), is further amended by striking ‘‘December 31, 


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2012’’ and inserting ‘‘December 31, 2014’’: Provided further, That 

the Director of the Federal Law Enforcement Training Center shall 

schedule basic or advanced law enforcement training, or both, at all 

four training facilities under the control of the Federal Law Enforcement Training Center to ensure that such training facilities are 

operated at the highest capacity throughout the fiscal year: Provided 

further, That the Federal Law Enforcement Training Accreditation 

Board, including representatives from the Federal law enforcement 

community and non-Federal accreditation experts involved in law 

enforcement training, shall lead the Federal law enforcement training accreditation process to continue the implementation of measuring and assessing the quality and effectiveness of Federal law enforcement training programs, facilities, and instructors. 

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

For acquisition of necessary additional real property and facilities, construction, and ongoing maintenance, facility improvements, 

and related expenses of the Federal Law Enforcement Training Center, $32,456,000, to remain available until September 30, 2016: Provided, That the Center is authorized to accept reimbursement to this 

appropriation from government agencies requesting the construction 

of special use facilities. 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Office of the Under Secretary 

for Science and Technology and for management and administration of programs and activities, as authorized by title III of the 

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), $135,000,000: 

Provided, That not to exceed $8,500 shall be for official reception 

and representation expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

For necessary expenses for science and technology research, including advanced research projects, development, test and evaluation, acquisition, and operations as authorized by title III of the 

Homeland Security Act of 2002 (6 U.S.C. 181 et seq.), and the purchase or lease of not to exceed 5 vehicles, $533,000,000, of which 

$356,500,000, to remain available until September 30, 2014; and of 

which $176,500,000, to remain available until September 30, 2016, 

solely for operation and construction of laboratory facilities. 

DOMESTIC NUCLEAR DETECTION OFFICE

MANAGEMENT AND ADMINISTRATION

For salaries and expenses of the Domestic Nuclear Detection Office, as authorized by title XIX of the Homeland Security Act of 

2002 (6 U.S.C. 591 et seq.), for management and administration of 

programs and activities, $38,000,000: Provided, That not to exceed 

$2,500 shall be for official reception and representation expenses: 

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mit to the Committees on Appropriations of the Senate and the 

House of Representatives a strategic plan of investments necessary 

to implement the Department of Homeland Security’s responsibilities under the domestic component of the global nuclear detection 

architecture that shall: 

(1) define each Departmental entity’s roles and responsibilities in support of the domestic detection architecture, including 

any existing or planned programs to pre-screen cargo or conveyances overseas; 

(2) identify and describe the specific investments being 

made by Departmental organizations in fiscal year 2012, and 

planned for fiscal year 2013, to support the domestic architecture and the security of sea, land, and air pathways into the 

United States; 

(3) describe the investments necessary to close known 

vulnerabilities and gaps, including associated costs and timeframes, and estimates of feasibility and cost effectiveness; and 

(4) explain how the Department’s research and development 

funding is furthering the implementation of the domestic nuclear detection architecture, including specific investments 

planned for each of fiscal years 2012 and 2013. 

RESEARCH, DEVELOPMENT, AND OPERATIONS

For necessary expenses for radiological and nuclear research, 

development, testing, evaluation, and operations, $215,000,000, to 

remain available until September 30, 2014. 

SYSTEMS ACQUISITION

For expenses for the Domestic Nuclear Detection Office acquisition and deployment of radiological detection systems in accordance 

with the global nuclear detection architecture, $37,000,000, to remain available until September 30, 2014. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 502. Subject to the requirements of section 503 of this Act, 

the unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for 

such activities established pursuant to this Act, may be merged with 

funds in the applicable established accounts, and thereafter may be 

accounted for as one fund for the same time period as originally enacted. 

SEC. 503. (a) None of the funds provided by this Act, provided 

by previous appropriations Acts to the agencies in or transferred to 

the Department of Homeland Security that remain available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury of the United States derived by the collection 

of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of 

funds that: 


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(1) creates a new program, project, or activity; 

(2) eliminates a program, project, office, or activity; 

(3) increases funds for any program, project, or activity for 

which funds have been denied or restricted by the Congress; 

(4) proposes to use funds directed for a specific activity by 

either of the Committees on Appropriations of the Senate or the 

House of Representatives for a different purpose; or 

(5) contracts out any function or activity for which funding 

levels were requested for Federal full-time equivalents in the object classification tables contained in the fiscal year 2012 Budget Appendix for the Department of Homeland Security, as modified by the joint explanatory statement accompanying this Act, 

unless the Committees on Appropriations of the Senate and the 

House of Representatives are notified 15 days in advance of 

such reprogramming of funds. 

(b) None of the funds provided by this Act, provided by previous 

appropriations Acts to the agencies in or transferred to the Department of Homeland Security that remain available for obligation or 

expenditure in fiscal year 2012, or provided from any accounts in 

the Treasury of the United States derived by the collection of fees 

or proceeds available to the agencies funded by this Act, shall be 

available for obligation or expenditure for programs, projects, or activities through a reprogramming of funds in excess of $5,000,000 

or 10 percent, whichever is less, that: 

(1) augments existing programs, projects, or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or reduces the numbers of personnel by 10 

percent as approved by the Congress; or 

(3) results from any general savings from a reduction in 

personnel that would result in a change in existing programs, 

projects, or activities as approved by the Congress, unless the 

Committees on Appropriations of the Senate and the House of 

Representatives are notified 15 days in advance of such reprogramming of funds. 

(c) Not to exceed 5 percent of any appropriation made available 

for the current fiscal year for the Department of Homeland Security 

by this Act or provided by previous appropriations Acts may be 

transferred between such appropriations, but no such appropriation, 

except as otherwise specifically provided, shall be increased by more 

than 10 percent by such transfers: Provided, That any transfer 

under this section shall be treated as a reprogramming of funds 

under subsection (b) and shall not be available for obligation unless 

the Committees on Appropriations of the Senate and the House of 

Representatives are notified 15 days in advance of such transfer. 

(d) Notwithstanding subsections (a), (b), and (c) of this section, 

no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances 

that imminently threaten the safety of human life or the protection 

of property. 

(e) The notification thresholds and procedures set forth in this 

section shall apply to any use of deobligated balances of funds provided in previous Department of Homeland Security Appropriations 

Acts. 

SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103– 


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356 (31 U.S.C. 501 note), shall continue operations as a permanent 

working capital fund for fiscal year 2012: Provided, That none of 

the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to the 

Working Capital Fund, except for the activities and amounts allowed in the President’s fiscal year 2012 budget: Provided further, 

That funds provided to the Working Capital Fund shall be available for obligation until expended to carry out the purposes of the 

Working Capital Fund: Provided further, That all departmental 

components shall be charged only for direct usage of each Working 

Capital Fund service: Provided further, That funds provided to the 

Working Capital Fund shall be used only for purposes consistent 

with the contributing component: Provided further, That the Working Capital Fund shall be paid in advance or reimbursed at rates 

which will return the full cost of each service: Provided further, 

That the Working Capital Fund shall be subject to the requirements 

of section 503 of this Act. 

SEC. 505. Except as otherwise specifically provided by law, not 

to exceed 50 percent of unobligated balances remaining available at 

the end of fiscal year 2012 from appropriations for salaries and expenses for fiscal year 2012 in this Act shall remain available 

through September 30, 2013, in the account and for the purposes for 

which the appropriations were provided: Provided, That prior to the 

obligation of such funds, a request shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives for approval in accordance with section 503 of this Act. 

SEC. 506. Funds made available by this Act for intelligence activities are deemed to be specifically authorized by the Congress for 

purposes of section 504 of the National Security Act of 1947 (50 

U.S.C. 414) during fiscal year 2012 until the enactment of an Act 

authorizing intelligence activities for fiscal year 2012. 

SEC. 507. (a) Except as provided in subsections (b) and (c), none 

of the funds made available by this Act may be used to— 

(1) make or award a grant allocation, grant, contract, other 

transaction agreement, task or delivery order on a Department 

of Homeland Security multiple award contract, or to issue a letter of intent totaling in excess of $1,000,000; 

(2) award a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from multiyear Department of Homeland Security funds or a task or delivery order that would cause cumulative obligations of multi-year 

funds in a single account to exceed 50 percent of the total 

amount appropriated; or 

(3) announce publicly the intention to make or award items 

under paragraph (1) or (2), including a contract covered by the 

Federal Acquisition Regulation. 

(b) The Secretary of Homeland Security may waive the prohibition under subsection (a) if the Secretary notifies the Committees on 

Appropriations of the Senate and the House of Representatives at 

least 3 full business days in advance of making an award or issuing 

a letter as described in that subsection. 

(c) If the Secretary of Homeland Security determines that compliance with this section would pose a substantial risk to human 

life, health, or safety, an award may be made without notification, 

and the Secretary shall notify the Committees on Appropriations of 


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the Senate and the House of Representatives not later than 5 full 

business days after such an award is made or letter issued. 

(d) A notification under this section— 

(1) may not involve funds that are not available for obligation; and 

(2) shall include the amount of the award, the fiscal year 

for which the funds for the award were appropriated, and the 

account from which the funds are being drawn. 

(e) The Administrator of the Federal Emergency Management 

Agency shall brief the Committees on Appropriations of the Senate 

and the House of Representatives 5 full business days in advance 

of announcing publicly the intention of making an award under 

‘‘State and Local Programs’’. 

SEC. 508. Notwithstanding any other provision of law, no agency shall purchase, construct, or lease any additional facilities, except 

within or contiguous to existing locations, to be used for the purpose 

of conducting Federal law enforcement training without the advance 

approval of the Committees on Appropriations of the Senate and the 

House of Representatives, except that the Federal Law Enforcement 

Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training 

that cannot be accommodated in existing Center facilities. 

SEC. 509. None of the funds appropriated or otherwise made 

available by this Act may be used for expenses for any construction, 

repair, alteration, or acquisition project for which a prospectus otherwise required under chapter 33 of title 40, United States Code, 

has not been approved, except that necessary funds may be expended 

for each project for required expenses for the development of a proposed prospectus. 

SEC. 510. Sections 520, 522, and 530, of the Department of 

Homeland Security Appropriations Act, 2008 (division E of Public 

Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect to 

funds made available in this Act in the same manner as such sections applied to funds made available in that Act. 

SEC. 511. None of the funds made available in this Act may be 

used in contravention of the applicable provisions of the Buy American Act (41 U.S.C. 10a et seq.). 

SEC. 512. None of the funds made available in this Act may be 

used by any person other than the Privacy Officer appointed under 

subsection (a) of section 222 of the Homeland Security Act of 2002 

(6 U.S.C. 142(a)) to alter, direct that changes be made to, delay, or 

prohibit the transmission to Congress of any report prepared under 

paragraph (6) of such subsection. 

SEC. 513. None of the funds made available in this Act may be 

used to amend the oath of allegiance required by section 337 of the 

Immigration and Nationality Act (8 U.S.C. 1448). 

SEC. 514. Within 45 days after the end of each month, the Chief 

Financial Officer of the Department of Homeland Security shall 

submit to the Committees on Appropriations of the Senate and the 

House of Representatives a monthly budget and staffing report for 

that month that includes total obligations, on-board versus funded 

full-time equivalent staffing levels, and the number of contract employees for each office of the Department. 

SEC. 515. None of the funds appropriated by this Act may be 

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ment and Budget Circular A–76 for services provided as of June 1, 

2004, by employees (including employees serving on a temporary or 

term basis) of United States Citizenship and Immigration Services 

of the Department of Homeland Security who are known as of that 

date as Immigration Information Officers, Contact Representatives, 

or Investigative Assistants. 

SEC. 516. Except as provided in section 44945 of title 49, 

United States Code, funds appropriated or transferred to Transportation Security Administration ‘‘Aviation Security’’, ‘‘Administration’’, and ‘‘Transportation Security Support’’ for fiscal years 2004 

and 2005 that are recovered or deobligated shall be available only 

for the procurement or installation of explosives detection systems, 

air cargo, baggage, and checkpoint screening systems, subject to notification: Provided, That quarterly reports shall be submitted to the 

Committees on Appropriations of the Senate and the House of Representatives on any funds that are recovered or deobligated. 

SEC. 517. Any funds appropriated to Coast Guard ‘‘Acquisition, 

Construction, and Improvements’’ for fiscal years 2002, 2003, 2004, 

2005, and 2006 for the 110–123 foot patrol boat conversion that are 

recovered, collected, or otherwise received as the result of negotiation, mediation, or litigation, shall be available until expended for 

the Fast Response Cutter program. 

SEC. 518. Section 532(a) of Public Law 109–295 (120 Stat. 

1384) is amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 

SEC. 519. The functions of the Federal Law Enforcement Training Center instructor staff shall be classified as inherently governmental for the purpose of the Federal Activities Inventory Reform 

Act of 1998 (31 U.S.C. 501 note). 

SEC. 520. (a) Except as provided in subsection (b), none of the 

funds appropriated in this or any other Act to the ‘‘Office of the Secretary and Executive Management’’, the ‘‘Office of the Under Secretary for Management’’, or the ‘‘Office of the Chief Financial Officer’’, may be obligated for a grant or contract funded under such 

headings by any means other than full and open competition. 

(b) Subsection (a) does not apply to obligation of funds for a 

contract awarded— 

(1) by a means that is required by a Federal statute, including obligation for a purchase made under a mandated preferential program, including the AbilityOne Program, that is authorized under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et 

seq.); 

(2) pursuant to the Small Business Act (15 U.S.C. 631 et 

seq.); 

(3) in an amount less than the simplified acquisition 

threshold described under section 302A(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 

252a(a)); or 

(4) by another Federal agency using funds provided 

through an interagency agreement. 

(c)(1) Subject to paragraph (2), the Secretary of Homeland Security may waive the application of this section for the award of a contract in the interest of national security or if failure to do so would 

pose a substantial risk to human health or welfare. 

(2) Not later than 5 days after the date on which the Secretary 

of Homeland Security issues a waiver under this subsection, the 


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Secretary shall submit notification of that waiver to the Committees 

on Appropriations of the Senate and the House of Representatives, 

including a description of the applicable contract to which the waiver applies and an explanation of why the waiver authority was 

used: Provided, That the Secretary may not delegate the authority 

to grant such a waiver. 

(d) In addition to the requirements established by subsections 

(a), (b), and (c) of this section, the Inspector General of the Department of Homeland Security shall review departmental contracts 

awarded through means other than a full and open competition to 

assess departmental compliance with applicable laws and regulations: Provided, That the Inspector General shall review selected 

contracts awarded in the previous fiscal year through means other 

than a full and open competition: Provided further, That in selecting which contracts to review, the Inspector General shall consider 

the cost and complexity of the goods and services to be provided 

under the contract, the criticality of the contract to fulfilling Department missions, past performance problems on similar contracts or 

by the selected vendor, complaints received about the award process 

or contractor performance, and such other factors as the Inspector 

General deems relevant: Provided further, That the Inspector General shall report the results of the reviews to the Committees on Appropriations of the Senate and the House of Representatives no later 

than February 6, 2012. 

SEC. 521. None of the funds provided by this or previous appropriations Acts shall be used to fund any position designated as a 

Principal Federal Official (or the successor thereto) for any Robert 

T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 

5121 et seq.) declared disasters or emergencies unless— 

(1) The responsibilities of the Principal Federal Official do 

not include operational functions related to incident management, including coordination of operations, and are consistent 

with the requirements of subsection 509(c) and subsections 

503(c)(3) and (c)(4)(A) of the Homeland Security Act of 2002 (6 

U.S.C. 319(c) and 313(c)(3) and (c)(4)(A)) and section 302 of the 

Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 

5143); 

(2) Not later than 10 business days after the latter of the 

date on which the Secretary of Homeland Security appoints the 

Principal Federal Official and the date on which the President 

issues a declaration under section 401 or section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act 

(42 U.S.C. 5170 and 5191, respectively), the Secretary of Homeland Security shall submit a notification of the appointment of 

the Principal Federal Official and a description of the responsibilities of such Official and how such responsibilities are consistent with paragraph (1) to the Committees on Appropriations 

of the Senate and the House of Representatives, the Transportation and Infrastructure Committee of the House of Representatives, and the Homeland Security and Governmental Affairs 

Committee of the Senate; and 

(3) Not later than 60 days after the date of enactment of 

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ning and policy documents, and training and exercise protocols, 

to ensure consistency with paragraph (1) of this section. 

SEC. 522. None of the funds made available in this or any other 

Act for fiscal years 2012 and thereafter may be used to enforce section 4025(1) of Public Law 108–458 unless the Administrator of the 

Transportation Security Administration reverses the determination 

of July 19, 2007, that butane lighters are not a significant threat 

to civil aviation security. 

SEC. 523. None of the funds provided or otherwise made available in this Act shall be available to carry out section 872 of the 

Homeland Security Act of 2002 (6 U.S.C. 452). 

SEC. 524. Funds made available in this Act may be used to 

alter operations within the Civil Engineering Program of the Coast 

Guard nationwide, including civil engineering units, facilities design and construction centers, maintenance and logistics commands, 

and the Coast Guard Academy, except that none of the funds provided in this Act may be used to reduce operations within any Civil 

Engineering Unit unless specifically authorized by a statute enacted 

after the date of enactment of this Act. 

SEC. 525. None of the funds made available in this Act may be 

used by United States Citizenship and Immigration Services to 

grant an immigration benefit unless the results of background 

checks required by law to be completed prior to the granting of the 

benefit have been received by United States Citizenship and Immigration Services, and the results do not preclude the granting of the 

benefit. 

SEC. 526. None of the funds made available in this or any other 

Act for fiscal year 2012 and thereafter may be used to destroy or put 

out to pasture any horse or other equine belonging to any component 

or agency of the Department of Homeland Security that has become 

unfit for service, unless the trainer or handler is first given the option to take possession of the equine through an adoption program 

that has safeguards against slaughter and inhumane treatment. 

SEC. 527. Section 831 of the Homeland Security Act of 2002 (6 

U.S.C. 391) is amended— 

(1) in subsection (a), by striking ‘‘Until September 30, 

2011,’’ and inserting ‘‘Until September 30, 2012,’’; 

(2) by striking subsection (b); 

(3) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; and 

(4) in subsection (c)(1) (as redesignated by paragraph (3) of 

this section), by striking ‘‘September 30, 2011,’’ and inserting 

‘‘September 30, 2012,’’. 

SEC. 528. The Secretary of Homeland Security shall require 

that all contracts of the Department of Homeland Security that provide award fees link such fees to successful acquisition outcomes 

(which outcomes shall be specified in terms of cost, schedule, and 

performance). 

SEC. 529. Notwithstanding any other provision of law, none of 

the funds provided in this or any other Act shall be used to approve 

a waiver of the navigation and vessel-inspection laws pursuant to 

46 U.S.C. 501(b) for the transportation of crude oil distributed from 

the Strategic Petroleum Reserve until the Secretary of Homeland Security, after consultation with the Secretaries of the Departments of 

Energy and Transportation and representatives from the United 


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States flag maritime industry, takes adequate measures to ensure 

the use of United States flag vessels: Provided, That the Secretary 

shall notify the Committees on Appropriations of the Senate and the 

House of Representatives, the Committee on Commerce, Science, and 

Transportation of the Senate, and the Committee on Transportation 

and Infrastructure of the House of Representatives within 48 hours 

of any request for waivers of navigation and vessel-inspection laws 

pursuant to 46 U.S.C. 501(b). 

SEC. 530. None of the funds made available to the Office of the 

Secretary and Executive Management under this Act may be expended for any new hires by the Department of Homeland Security 

that are not verified through the E-Verify Program as described in 

section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). 

SEC. 531. None of the funds in this Act shall be used to reduce 

the United States Coast Guard’s Operations Systems Center mission 

or its government-employed or contract staff levels. 

SEC. 532. None of the funds made available in this Act for U.S. 

Customs and Border Protection may be used to prevent an individual not in the business of importing a prescription drug (within 

the meaning of section 801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a prescription drug from Canada that 

complies with the Federal Food, Drug, and Cosmetic Act: Provided, 

That this section shall apply only to individuals transporting on 

their person a personal-use quantity of the prescription drug, not to 

exceed a 90-day supply: Provided further, That the prescription 

drug may not be— 

(1) a controlled substance, as defined in section 102 of the 

Controlled Substances Act (21 U.S.C. 802); or 

(2) a biological product, as defined in section 351 of the 

Public Health Service Act (42 U.S.C. 262). 

SEC. 533. None of the funds appropriated by this Act may be 

used to conduct, or to implement the results of, a competition under 

Office of Management and Budget Circular A–76 for activities performed with respect to the Coast Guard National Vessel Documentation Center. 

SEC. 534. The Secretary of Homeland Security, in consultation 

with the Secretary of the Treasury, shall notify the Committees on 

Appropriations of the Senate and the House of Representatives of 

any proposed transfers of funds available under section 9703.1 

(g)(4)(B) of title 31, United States Code (as added by Public Law 

102–393) from the Department of the Treasury Forfeiture Fund to 

any agency within the Department of Homeland Security: Provided, 

That none of the funds identified for such a transfer may be obligated until the Committees on Appropriations of the Senate and the 

House of Representatives approve the proposed transfers. 

SEC. 535. None of the funds made available in this Act may be 

used for planning, testing, piloting, or developing a national identification card. 

SEC. 536. If the Administrator of the Transportation Security 

Administration determines that an airport does not need to participate in the E-Verify Program as described in section 403(a) of the 

Illegal Immigration Reform and Immigrant Responsibility Act of 

1996 (8 U.S.C. 1324a note), the Administrator shall certify to the 

Committees on Appropriations of the Senate and the House of RepVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00194 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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resentatives that no security risks will result from such non-participation. 

SEC. 537. (a) Notwithstanding any other provision of this Act, 

except as provided in subsection (b), and 30 days after the date on 

which the President determines whether to declare a major disaster 

because of an event and any appeal is completed, the Administrator 

shall publish on the Web site of the Federal Emergency Management Agency a report regarding that decision that shall summarize 

damage assessment information used to determine whether to declare a major disaster. 

(b) The Administrator may redact from a report under subsection (a) any data that the Administrator determines would compromise national security. 

(c) In this section— 

(1) the term ‘‘Administrator’’ means the Administrator of 

the Federal Emergency Management Agency; and 

(2) the term ‘‘major disaster’’ has the meaning given that 

term in section 102 of the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act (42 U.S.C. 5122). 

SEC. 538. (a) Notwithstanding any other provision of law during fiscal year 2012 or any subsequent fiscal year, if the Secretary 

of Homeland Security determines that the National Bio- and Agrodefense Facility should be located at a site other than Plum Island, 

New York, the Secretary shall ensure that the Administrator of General Services sells through public sale all real and related personal 

property and transportation assets which support Plum Island operations, subject to such terms and conditions as may be necessary to 

protect Government interests and meet program requirements. 

(b) The proceeds of such sale described in subsection (a) shall 

be deposited as offsetting collections into the Department of Homeland Security Science and Technology ‘‘Research, Development, Acquisition, and Operations’’ account and, subject to appropriation, 

shall be available until expended, for site acquisition, construction, 

and costs related to the construction of the National Bio- and Agrodefense Facility, including the costs associated with the sale, including due diligence requirements, necessary environmental remediation at Plum Island, and reimbursement of expenses incurred by 

the General Services Administration. 

SEC. 539. Any official that is required by this Act to report or 

to certify to the Committees on Appropriations of the Senate and the 

House of Representatives may not delegate such authority to perform that act unless specifically authorized herein. 

SEC. 540. Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 

note), as amended by section 550 of the Department of Homeland 

Security Appropriations Act, 2010 (Public Law 111–83), is further 

amended by striking ‘‘on October 4, 2011’’ and inserting ‘‘on October 

4, 2012’’. 

SEC. 541. None of the funds appropriated or otherwise made 

available in this or any other Act may be used to transfer, release, 

or assist in the transfer or release to or within the United States, 

its territories, or possessions Khalid Sheikh Mohammed or any 

other detainee who— 

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

Forces of the United States; and 


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(2) is or was held on or after June 24, 2009, at the United 

States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 

SEC. 542. None of the funds made available in this Act may be 

used for first-class travel by the employees of agencies funded by 

this Act in contravention of sections 301–10.122 through 301.10–124 

of title 41, Code of Federal Regulations. 

SEC. 543. None of the funds made available in this Act may be 

used to propose or effect a disciplinary or adverse action, with respect to any Department of Homeland Security employee who engages regularly with the public in the performance of his or her official duties solely because that employee elects to utilize protective 

equipment or measures, including but not limited to surgical masks, 

N95 respirators, gloves, or hand-sanitizers, where use of such equipment or measures is in accord with Department of Homeland Security policy, and Centers for Disease Control and Prevention and Office of Personnel Management guidance. 

SEC. 544. None of the funds made available in this Act may be 

used to employ workers described in section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). 

SEC. 545. (a) Any company that collects or retains personal information directly from any individual who participates in the Registered Traveler program of the Transportation Security Administration shall safeguard and dispose of such information in accordance with the requirements in— 

(1) the National Institute for Standards and Technology 

Special Publication 800–30, entitled ‘‘Risk Management Guide 

for Information Technology Systems’’; 

(2) the National Institute for Standards and Technology 

Special Publication 800–53, Revision 3, entitled ‘‘Recommended 

Security Controls for Federal Information Systems and Organizations,’’; and 

(3) any supplemental standards established by the Administrator of the Transportation Security Administration (referred 

to in this section as the ‘‘Administrator’’). 

(b) The airport authority or air carrier operator that sponsors 

the company under the Registered Traveler program shall be known 

as the Sponsoring Entity. 

(c) The Administrator shall require any company covered by 

subsection (a) to provide, not later than 30 days after the date of 

enactment of this Act, to the Sponsoring Entity written certification 

that the procedures used by the company to safeguard and dispose 

of information are in compliance with the requirements under subsection (a). Such certification shall include a description of the procedures used by the company to comply with such requirements. 

SEC. 546. For fiscal year 2012 and thereafter, for purposes of 

section 210C of the Homeland Security Act of 2002 (6 U.S.C. 124j), 

a rural area shall also include any area that is located in a metropolitan statistical area and a county, borough, parish, or area 

under the jurisdiction of an Indian tribe with a population of not 

more than 50,000. 

SEC. 547. Notwithstanding any other provision of this Act, none 

of the funds appropriated or otherwise made available by this Act 

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ance that has been judged to be below satisfactory performance or 

performance that does not meet the basic requirements of a contract. 

SEC. 548. (a) Not later than 180 days after the date of enactment of this Act, the Administrator of the Transportation Security 

Administration shall submit to the Committees on Appropriations of 

the Senate and the House of Representatives, a report that either— 

(1) certifies that the requirement for screening all air cargo 

on passenger aircraft by the deadline under section 44901(g) of 

title 49, United States Code, has been met; or 

(2) includes a strategy to comply with the requirements 

under title 44901(g) of title 49, United States Code, including— 

(A) a plan to meet the requirement under section 

44901(g) of title 49, United States Code, to screen 100 percent of air cargo transported on passenger aircraft arriving 

in the United States in foreign air transportation (as that 

term is defined in section 40102 of that title); and 

(B) specification of— 

(i) the percentage of such air cargo that is being 

screened; and 

(ii) the schedule for achieving screening of 100 percent of such air cargo. 

(b) The Administrator shall continue to submit reports described in subsection (a)(2) every 180 days thereafter until the Administrator certifies that the Transportation Security Administration has achieved screening of 100 percent of such air cargo. 

SEC. 549. In developing any process to screen aviation passengers and crews for transportation or national security purposes, 

the Secretary of Homeland Security shall ensure that all such processes take into consideration such passengers’ and crews’ privacy 

and civil liberties consistent with applicable laws, regulations, and 

guidance. 

SEC. 550. (a) None of the funds made available in this Act may 

be obligated for construction of the National Bio- and Agro-defense 

Facility until the Department of Homeland Security— 

(1) completes 50 percent of design planning for the National Bio- and Agro-defense Facility; 

(2) submits to the Committees on Appropriations of the 

Senate and the House of Representatives a revised site-specific 

biosafety and biosecurity mitigation risk assessment that describes how to significantly reduce risks of conducting essential 

research and diagnostic testing at the National Bio- and Agrodefense Facility and addresses shortcomings identified in the 

National Academy of Sciences’ evaluation of the initial site-specific biosafety and biosecurity mitigation risk assessment; and 

(3) submits to the Committees on Appropriations of the 

Senate and the House of Representatives the results of the National Academy of Sciences’ review of the risk assessment as described in subsection (c). 

(b) The revised site-specific biosafety and biosecurity mitigation 

risk assessment required by subsection (a) shall— 

(1) include a quantitative risk assessment for foot-andmouth disease virus, in particular epidemiological and economic impact modeling to determine the overall risk of operating the facility for its expected 50-year life span, taking into 

account strategies to mitigate risk of foot-and-mouth disease 


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virus release from the laboratory and ensure safe operations at 

the approved National Bio- and Agro-defense Facility site; 

(2) address the impact of surveillance, response, and mitigation plans (developed in consultation with local, State, and 

Federal authorities and appropriate stakeholders) if a release 

occurs, to detect and control the spread of disease; and 

(3) include overall risks of the most dangerous pathogens 

the Department of Homeland Security expects to hold in the National Bio- and Agro-defense Facility’s biosafety level 4 facility, 

and effectiveness of mitigation strategies to reduce those risks. 

(c) The Department of Homeland Security shall enter into a 

contract with the National Academy of Sciences to evaluate the adequacy and validity of the risk assessment required by subsection (a). 

The National Academy of Sciences shall submit a report on such 

evaluation within four months after the date the Department of 

Homeland Security concludes its risk assessment. 

SEC. 551. (a) Notwithstanding section 1356(n) of title 8, United 

States Code, of the funds deposited into the Immigration Examinations Fee Account, $10,000,000 shall be available to United States 

Citizenship and Immigration Services in fiscal year 2012 for the 

purpose of providing an immigrant integration grants program. 

(b) None of the funds made available to United States Citizenship and Immigration Services for grants for immigrant integration 

may be used to provide services to aliens who have not been lawfully 

admitted for permanent residence. 

SEC. 552. For an additional amount for necessary expenses for 

reimbursement of the actual costs to State and local governments 

for providing emergency management, public safety, and security at 

events, as determined by the Administrator of the Federal Emergency Management Agency, related to the presence of a National 

Special Security Event, $7,500,000, to remain available until September 30, 2013. 

SEC. 553. Notwithstanding the 10 percent limitation contained 

in section 503(c) of this Act, the Secretary of Homeland Security 

may transfer to the fund established by 8 U.S.C. 1101 note, up to 

$20,000,000 from appropriations available to the Department of 

Homeland Security: Provided, That the Secretary shall notify the 

Committees on Appropriations of the Senate and the House of Representatives 5 days in advance of such transfer. 

SEC. 554. The administrative law judge annuitants participating in the Senior Administrative Law Judge Program managed 

by the Director of the Office of Personnel Management under section 

3323 of title 5, United States Code, shall be available on a temporary re-employment basis to conduct arbitrations of disputes as 

part of the arbitration panel established by the President under section 601 of division A of the American Recovery and Reinvestment 

Act of 2009 (Public Law 111–5; 123 Stat. 164). 

SEC. 555. None of the funds appropriated or otherwise made 

available by this Act may be used by the Department of Homeland 

Security to enter into any federal contract unless such contract is 

entered into in accordance with the requirements of the Federal 

Property and Administrative Services Act of 1949 (41 U.S.C. 253) 

or Chapter 137 of title 10, United States Code, and the Federal Acquisition Regulation, unless such contract is otherwise authorized 


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by statute to be entered into without regard to the above referenced 

statutes. 

SEC. 556. (a) For an additional amount for data center migra- tion, $70,000,000. 

(b) Funds made available in subsection (a) for data center migration may be transferred by the Secretary of Homeland Security 

between appropriations for the same purpose, notwithstanding section 503 of this Act. 

(c) No transfer described in subsection (b) shall occur until 15 

days after the Committees on Appropriations of the Senate and the 

House of Representatives are notified of such transfer. 

SEC. 557. For fiscal year 2012 and thereafter, U.S. Customs 

and Border Protection’s Advanced Training Center is authorized to 

charge fees for any service and/or thing of value it provides to Federal Government or non-government entities or individuals, so long 

as the fees charged do not exceed the full costs associated with the 

service or thing of value provided: Provided, That notwithstanding 

31 U.S.C. 3302(b), fees collected by the Advanced Training Center 

are to be deposited into a separate account entitled ‘‘Advanced 

Training Center Revolving Fund’’, and be available, without further 

appropriations, for necessary expenses of the Advanced Training 

Center program, and are to remain available until expended. 

SEC. 558. Section 559(e) of Public Law 111–83 is amended— 

(a) in the matter preceding the first proviso, by striking ‘‘law, 

sell’’ and inserting ‘‘law, hereafter sell’’; and 

(b) in the first proviso— 

(1) by striking ‘‘shall be deposited’’ and inserting ‘‘shall 

hereafter be deposited’’; and 

(2) by striking ‘‘subject to appropriation,’’ and inserting 

‘‘without further appropriations,’’. 

SEC. 559. Notwithstanding any other provision of law, should 

the Secretary of Homeland Security determine that specific U.S. Immigration and Customs Enforcement Service Processing Centers or 

other U.S. Immigration and Customs Enforcement owned detention 

facilities no longer meet the mission need, the Secretary is authorized to dispose of individual Service Processing Centers or other 

U.S. Immigration and Customs Enforcement owned detention facilities by directing the Administrator of General Services to sell all 

real and related personal property which support Service Processing 

Centers or other U.S. Immigration and Customs Enforcement owned 

detention facilities, subject to such terms and conditions as necessary to protect Government interests and meet program requirements: Provided, That the proceeds, net of the costs of sale incurred 

by the General Services Administration and U.S. Immigration and 

Customs Enforcement, shall be deposited as offsetting collections 

into a separate account that shall be available, subject to appropriation, until expended for other real property capital asset needs of existing U.S. Immigration and Customs Enforcement assets, excluding 

daily operations and maintenance costs, as the Secretary deems appropriate: Provided further, That any sale or collocation of federally 

owned detention facilities shall not result in the maintenance of 

fewer than 34,000 detention beds: Provided further, That the Committees on Appropriations of the Senate and the House of Representatives shall be notified 15 days prior to the announcement of any 

proposed sale or collocation. 


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SEC. 560. For an additional amount for the ‘‘Office of the Under Secretary for Management’’, $55,979,000, to remain available until 

expended, for necessary expenses to plan, acquire, construct, renovate, remediate, equip, furnish, and occupy buildings and facilities 

for the consolidation of department headquarters at St. Elizabeths 

and associated mission support consolidation: Provided, That the 

Committees on Appropriations of the Senate and the House of Representatives shall receive an expenditure plan not later than 90 days 

after the date of enactment of this Act detailing the allocation of 

these funds. 

SEC. 561. None of the funds made available by this Act may be 

used to enforce the requirements in— 

(1) section 34(a)(1)(A) of the Federal Fire Prevention and 

Control Act of 1974 (15 U.S.C. 2229(a)(1)(A)); 

(2) section 34(a)(1)(B) of such Act; 

(3) section 34(c)(1) of such Act; 

(4) section 34(c)(2) of such Act; 

(5) section 34(c)(4)(A) of such Act; and 

(6) section 34(a)(1)(E) of such Act. 

SEC. 562. Notwithstanding the requirement under section 

34(a)(1)(A) of the Federal Fire Prevention and Control Act of 1974 

(15 U.S.C. 2229a(a)(1)(A)) that grants must be used to increase the 

number of firefighters in fire departments, the Secretary of Homeland Security, in making grants under section 34 of such Act using 

the funds appropriated for fiscal year 2011, shall grant waivers 

from the requirements of subsections (a)(1)(B), (c)(1), (c)(2), and 

(c)(4)(A) of such section: Provided, That section 34(a)(1)(E) of such 

Act shall not apply with respect to funds appropriated for fiscal 

year 2011 for grants under section 34 of such Act: Provided further, 

That the Secretary of Homeland Security, in making grants under 

section 34 of such Act, shall ensure that funds appropriated for fiscal year 2011 are made available for the hiring, rehiring, or retention of firefighters. 

SEC. 563. For fiscal year 2012 and thereafter, notwithstanding 

section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 

2712(a)(5)) and 31 U.S.C. 3302, in the event that a spill of national 

significance occurs, any payment of amounts from the Oil Spill Liability Trust Fund pursuant to section 1012(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred by the Coast Guard for such spill, shall be credited directly 

to the accounts of the Coast Guard current at the time such removal 

costs were incurred or when reimbursement is received: Provided, 

That such amounts shall be merged with and, without further appropriations, made available for the same time period and the same 

purpose as the appropriation to which it is credited. 

SEC. 564. (a) CIVIL PENALTIES FOR CIRCUMVENTING SECURITY

SCREENING.—Section 46301(a)(5)(A)(i) of title 49, United States 

Code, is amended— 

(1) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter 

449’’; and 

(2) by inserting ‘‘, or section 46314(a)’’ after ‘‘44909)’’. 

(b) CRIMINAL PENALTIES FOR CIRCUMVENTING SECURITY

SCREENING.—Section 46314(b)(2) of title 49, United States Code, is 

amended by inserting ‘‘with intent to evade security procedures or 

restrictions or’’ after ‘‘of this section’’. 


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(c) NOTICE OF PENALTIES.—Section 46314 of title 49, United 

States Code, is amended by adding at the end the following new 

subsection: 

‘‘(c) NOTICE OF PENALTIES.— 

‘‘(1) IN GENERAL.—Each operator of an airport in the 

United States that is required to establish an air transportation 

security program pursuant to section 44903(c) shall ensure that 

signs that meet such requirements as the Secretary of Homeland Security may prescribe providing notice of the penalties 

imposed under section 46301(a)(5)(A)(i) and subsection (b) of 

this section are displayed near all screening locations, all locations where passengers exit the sterile area, and such other locations at the airport as the Secretary of Homeland Security determines appropriate. 

‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An individual shall 

be subject to a penalty imposed under section 46301(a)(5)(A)(i) 

or subsection (b) of this section without regard to whether signs 

are displayed at an airport as required by paragraph (1).’’. 

SEC. 565. (a) SHORT TITLE.—This section may be cited as the 

‘‘Disaster Assistance Recoupment Fairness Act of 2011’’. 

(b) DEBTS SINCE 2005.— 

(1) DEFINITION.—In this section, the term ‘‘covered assistance’’ means assistance provided— 

(A) under section 408 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5174); and 

(B) in relation to a major disaster declared by the 

President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 

during the period beginning on August 28, 2005, and ending on December 31, 2010. 

(2) WAIVER AUTHORITY.—The Administrator of the Federal 

Emergency Management Agency— 

(A) subject to subparagraph (B) and paragraph (3), 

may waive a debt owed to the United States related to covered assistance provided to an individual or household if— 

(i) the covered assistance was distributed based on 

an error by the Federal Emergency Management Agency; 

(ii) there was no fault on behalf of the debtor; and 

(iii) the collection of the debt would be against equity and good conscience; and 

(B) may not waive a debt under subparagraph (A) if 

the debt involves fraud, the presentation of a false claim, 

or misrepresentation by the debtor or any party having an 

interest in the claim. 

(3) PRESUMPTION OF REPAYMENT.—In determining whether 

to waive a debt under paragraph (2), the Administrator of the 

Federal Emergency Management Agency shall presume that, if 

the adjusted gross income (as defined under section 62 of the 

Internal Revenue Code of 1986) of the household of the debtor 

for the last taxable year ending in or with the calendar year 

preceding the date on which the income is determined exceeds 

$90,000, the debtor should be required to make at least a partial payment on the debt. 


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(4) REPORTING.—Not later than 3 months after the date of 

enactment of this Act, and every 3 months thereafter until the 

date that is 18 months after the date of enactment of this Act, 

the Inspector General of the Department of Homeland Security 

shall submit a report that assesses the cost-effectiveness of the 

efforts of the Federal Emergency Management Agency to recoup 

improper payments under the Individuals and Household Program under section 408 of the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act (42 U.S.C. 5174) to— 

(A) the Committee on Homeland Security and Governmental Affairs and the Subcommittee on Homeland Security of the Committee on Appropriations of the Senate; and 

(B) the Committee on Homeland Security, the Committee on Transportation and Infrastructure, and the Subcommittee on Homeland Security of the Committee on Appropriations of the House of Representatives. 

SEC. 566. (a) Notwithstanding section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act and subject to 

subsection (b), recipients of Small Business Administration Disaster 

loans for disaster-related damage to their homes may be eligible for 

reimbursement at the discretion of the state, under Section 404 of 

that Act, for documented and eligible mitigation work performed on 

their home. 

(b) LIMITATIONS.— (1) Any reimbursement provided to or on behalf of a homeowner pursuant to subsection (a) shall not exceed the amount 

of the disaster loan that may be used and was used for disaster 

mitigation activities; and 

(2) Subsection (a) shall only apply if the disaster loan and 

assistance provided under section 404 were made available in 

response to the same disaster declaration. 

(3) Shall be applicable only to disasters declared by the 

President under section 401 of the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5170) during 

the period beginning on August 28, 2005 and ending on August 

28, 2006. 

(c) If a state chooses to use funds under section 404 to reimburse homeowners as provided in subsection (a), it shall make payments in the following order: 

(1) First, to the Small Business Administration on behalf 

of the eligible homeowner for the purpose of reducing, but not 

below zero, the homeowner’s outstanding debt obligation to the 

Small Business Administration for the disaster loan; and 

(2) Second, any remaining reimbursement shall be paid directly to the homeowner. 

SEC. 567. None of the funds made available under this Act or 

any prior appropriations Act may be provided to the Association of 

Community Organizations for Reform Now (ACORN), or any of its 

affiliates, subsidiaries, or allied organizations. 

SEC. 568. The Commissioner of U.S. Customs and Border Protection and the Assistant Secretary of Homeland Security for U.S. 

Immigration and Customs Enforcement each shall submit to the 

Committees on Appropriations of the Senate and the House of Representatives with the congressional budget justification, a multi-year 

investment and management plan, to include each year starting 


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with the current fiscal year and the 3 subsequent fiscal years, for 

their respective Offices of Information Technology to include for that 

office— 

(1) the funding level by source for all funds to be executed; 

(2) the funding included for each project and activity tied 

to mission requirements, program management capabilities, 

performance levels, and specific capabilities and services to be 

delivered; 

(3) the total estimated cost and projected timeline of completion for all multi-year enhancements, modernizations, and 

new capabilities proposed in the current fiscal year or underway; and 

(4) a detailed accounting of operation and maintenance 

costs. 

SEC. 569. The Secretary of Homeland Security shall ensure enforcement of immigration laws (as defined in section 101(a)(17) of 

the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 

(RESCISSIONS)

SEC. 570. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds are 

hereby rescinded from the following accounts and programs in the 

specified amounts: 

(1) $2,577,000 from Coast Guard ‘‘Acquisition, Construction, and Improvements’’; 

(2) $5,355,296 from U.S. Immigration and Customs Enforcement ‘‘Salaries and Expenses’’; 

(3) $99,012 from U.S. Immigration and Customs Enforcement ‘‘Violent Crime Reduction Programs’’; 

(4) $3,332,541 from U.S. Customs and Border Protection 

‘‘Salaries and Expenses’’; 

(5) $3,121,248 from Department of Homeland Security ‘‘Office for Domestic Preparedness’’; 

(6) $678,213 from Federal Emergency Management Agency 

‘‘National Predisaster Mitigation Fund’’; 

(7) $5,201,000 from ‘‘Working Capital Fund’’; 

(8) $95,998 from ‘‘Counterterrorism Fund’’; 

(9) $41,091 from U.S. Customs and Border Protection ‘‘Violent Crime Reduction Fund’’; and 

(10) $153,095 from U.S. Immigration and Customs Enforcement ‘‘Violent Crime Reduction Trust Fund’’. 

(RESCISSIONS)

SEC. 571. The following unobligated balances made available to 

the Department of Homeland Security pursuant to section 505 of 

Department of Homeland Security Appropriations Act, 2011 (Public 

Law 112–10; 125 Stat. 147) are rescinded: 

(1) $178,783 from ‘‘Analysis and Operations’’; 

(2) $1,619,907 from U.S. Customs and Border Protection 

‘‘Salaries and Expenses’’; 

(3) $296,022 from Transportation Security Administration 

‘‘Federal Air Marshals’’; 

(4) $37,800,412 from Coast Guard ‘‘Operating Expenses’’; 


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(5) $879,153 from Coast Guard ‘‘Acquisition, Construction, 

and Improvements’’; 

(6) $1,104,347 from United States Secret Service ‘‘Salaries 

and Expenses’’; 

(7) $97,046 from National Protection and Programs Directorate ‘‘Management and Administration’’; 

(8) $78,764 from National Protection and Programs Directorate ‘‘Infrastructure Protection and Information Security’’; 

(9) $117,133 from Office of Health Affairs ‘‘Salaries and 

Expenses’’; 

(10) $1,301,581 from ‘‘United States Citizenship and Immigration Services’’; 

(11) $369,032 from Federal Law Enforcement Training 

Center ‘‘Salaries and Expenses’’; 

(12) $279,098 from Science and Technology ‘‘Management 

and Administration’’; 

(13) $1,072,938 from Domestic Nuclear Detection Office 

‘‘Management and Administration’’; and 

(14) $216,744 from Federal Emergency Management Agency ‘‘Management and Administration’’. 

(RESCISSIONS)

SEC. 572. Of the funds appropriated to the Department of 

Homeland Security, the following unobligated balances are hereby 

rescinded from the following accounts and programs in the specified 

amounts: 

(1) $10,000,000 from U.S. Immigration and Customs Enforcement ‘‘Salaries and Expenses’’; 

(2) $10,000,000 from U.S. Immigration and Customs Enforcement ‘‘Automation Modernization’’; 

(3) $5,000,000 from U.S. Customs and Border Protection 

‘‘Automation Modernization’’: Provided, That no funds shall be 

rescinded from prior year appropriations provided for the TECS 

modernization program; 

(4) $71,300,000 from Transportation Security Administration ‘‘Aviation Security’’ account 70x0550; 

(5) $7,000,000 from U.S. Customs and Border Protection 

‘‘Border Security Fencing, Infrastructure, and Technology’’; 

(6) $2,427,336 from Coast Guard ‘‘Acquisition, Construction, and Improvements’’; 

(7) $5,000,000 from the ‘‘Office of the Chief Information Officer’’ related to Emerge2; and 

(8) $27,400,000 from National Protection and Programs Directorate ‘‘United States Visitor and Immigrant Indicator Technology’’. 

SEC. 573. Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) are each amended 

by striking ‘‘September 30, 2011’’ and inserting ‘‘the earlier of the 

date of the enactment into law of an Act that specifically amends 

the date specified in this section or May 31, 2012’’. 

This division may be cited as the ‘‘Department of Homeland Security Appropriations Act, 2012’’. 


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DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

TITLE I 

DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT

MANAGEMENT OF LANDS AND RESOURCES

For necessary expenses for protection, use, improvement, development, disposal, cadastral surveying, classification, acquisition of 

easements and other interests in lands, and performance of other 

functions, including maintenance of facilities, as authorized by law, 

in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, including the general administration of the Bureau, and assessment of mineral potential of 

public lands pursuant to Public Law 96–487 (16 U.S.C. 3150(a)), 

$961,900,000, to remain available until expended; of which 

$3,000,000 shall be available in fiscal year 2012 subject to a match 

by at least an equal amount by the National Fish and Wildlife 

Foundation for cost-shared projects supporting conservation of Bureau lands; and such funds shall be advanced to the Foundation as 

a lump-sum grant without regard to when expenses are incurred. 

In addition, $32,500,000 is for the processing of applications for 

permit to drill and related use authorizations, to remain available 

until expended, to be reduced by amounts collected by the Bureau 

and credited to this appropriation that shall be derived from $6,500 

per new application for permit to drill that the Bureau shall collect 

upon submission of each new application, and in addition, 

$39,696,000 is for Mining Law Administration program operations, 

including the cost of administering the mining claim fee program; 

to remain available until expended, to be reduced by amounts collected by the Bureau and credited to this appropriation from mining 

claim maintenance fees and location fees that are hereby authorized 

for fiscal year 2012 so as to result in a final appropriation estimated at not more than $961,900,000, and $2,000,000, to remain 

available until expended, from communication site rental fees established by the Bureau for the cost of administering communication 

site activities. 

CONSTRUCTION

For construction of buildings, recreation facilities, roads, trails, 

and appurtenant facilities, $3,576,000, to remain available until expended. 

LAND ACQUISITION

For expenses necessary to carry out sections 205, 206, and 

318(d) of Public Law 94–579, including administrative expenses 

and acquisition of lands or waters, or interests therein, $22,380,000, 

to be derived from the Land and Water Conservation Fund and to 

remain available until expended. 


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OREGON AND CALIFORNIA GRANT LANDS

For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the 

revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of lands or interests therein, including existing connecting roads on or adjacent 

to such grant lands; $112,043,000, to remain available until expended: Provided, That 25 percent of the aggregate of all receipts 

during the current fiscal year from the revested Oregon and California Railroad grant lands is hereby made a charge against the 

Oregon and California land-grant fund and shall be transferred to 

the General Fund in the Treasury in accordance with the second 

paragraph of subsection (b) of title II of the Act of August 28, 1937 

(50 Stat. 876). 

RANGE IMPROVEMENTS

For rehabilitation, protection, and acquisition of lands and interests therein, and improvement of Federal rangelands pursuant to 

section 401 of the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1701), notwithstanding any other Act, sums equal to 50 

percent of all moneys received during the prior fiscal year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and 

the amount designated for range improvements from grazing fees 

and mineral leasing receipts from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, but not 

less than $10,000,000, to remain available until expended: Provided, That not to exceed $600,000 shall be available for administrative expenses. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

For administrative expenses and other costs related to processing application documents and other authorizations for use and 

disposal of public lands and resources, for costs of providing copies 

of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use authorizations, and for rehabilitation of damaged property, such amounts 

as may be collected under Public Law 94–579, as amended, and 

Public Law 93–153, to remain available until expended: Provided, 

That, notwithstanding any provision to the contrary of section 

305(a) of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that 

have been or will be received pursuant to that section, whether as 

a result of forfeiture, compromise, or settlement, if not appropriate 

for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)), 

shall be available and may be expended under the authority of this 

Act by the Secretary to improve, protect, or rehabilitate any public 

lands administered through the Bureau of Land Management 

which have been damaged by the action of a resource developer, 

purchaser, permittee, or any unauthorized person, without regard to 

whether all moneys collected from each such action are used on the 

exact lands damaged which led to the action: Provided further, 

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pair damage to the exact land for which funds were collected may 

be used to repair other damaged public lands. 

MISCELLANEOUS TRUST FUNDS

In addition to amounts authorized to be expended under existing laws, there is hereby appropriated such amounts as may be contributed under section 307 of the Act of October 21, 1976 (43 U.S.C. 

1701), and such amounts as may be advanced for administrative 

costs, surveys, appraisals, and costs of making conveyances of omitted lands under section 211(b) of that Act, to remain available until 

expended. 

ADMINISTRATIVE PROVISIONS

The Bureau of Land Management may carry out the operations 

funded under this Act by direct expenditure, contracts, grants, cooperative agreements and reimbursable agreements with public and 

private entities, including with States. Appropriations for the Bureau shall be available for purchase, erection, and dismantlement of 

temporary structures, and alteration and maintenance of necessary 

buildings and appurtenant facilities to which the United States has 

title; up to $100,000 for payments, at the discretion of the Secretary, 

for information or evidence concerning violations of laws administered by the Bureau; miscellaneous and emergency expenses of enforcement activities authorized or approved by the Secretary and to 

be accounted for solely on the Secretary’s certificate, not to exceed 

$10,000: Provided, That notwithstanding Public Law 90–620 (44 

U.S.C. 501), the Bureau may, under cooperative cost-sharing and 

partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly produced publications for which the cooperators share the cost of printing either in 

cash or in services, and the Bureau determines the cooperator is capable of meeting accepted quality standards: Provided further, That 

projects to be funded pursuant to a written commitment by a State 

government to provide an identified amount of money in support of 

the project may be carried out by the Bureau on a reimbursable 

basis. Appropriations herein made shall not be available for the destruction of healthy, unadopted, wild horses and burros in the care 

of the Bureau or its contractors or for the sale of wild horses and 

burros that results in their destruction for processing into commercial products. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

For necessary expenses of the United States Fish and Wildlife 

Service, as authorized by law, and for scientific and economic studies, general administration, and for the performance of other authorized functions related to such resources, $1,228,142,000, to remain available until September 30, 2013 except as otherwise provided herein: Provided, That not to exceed $20,902,000 shall be used 

for implementing subsections (a), (b), (c), and (e) of section 4 of the 

Endangered Species Act, as amended, (except for processing petitions, developing and issuing proposed and final regulations, and 

taking any other steps to implement actions described in subsection 


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(c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed 

$7,472,000 shall be used for any activity regarding the designation 

of critical habitat, pursuant to subsection (a)(3), excluding litigation 

support, for species listed pursuant to subsection (a)(1) prior to October 1, 2010; of which not to exceed $1,500,000 shall be used for 

any activity regarding petitions to list species that are indigenous 

to the United States pursuant to subsections (b)(3)(A) and (b)(3)(B); 

and, of which not to exceed $1,500,000 shall be used for implementing subsections (a), (b), (c), and (e) of section 4 of the Endangered Species Act, as amended, for species that are not indigenous 

to the United States: Provided further, That, in fiscal year 2012 and 

hereafter of the amount available for law enforcement, up to 

$400,000, to remain available until expended, may at the discretion 

of the Secretary be used for payment for information, rewards, or 

evidence concerning violations of laws administered by the Service, 

and miscellaneous and emergency expenses of enforcement activity, 

authorized or approved by the Secretary and to be accounted for 

solely on the Secretary’s certificate: Provided further, That in fiscal 

year 2012 and hereafter, of the amount provided for environmental 

contaminants, up to $1,000,000 may remain available until expended for contaminant sample analyses. 

CONSTRUCTION

For construction, improvement, acquisition, or removal of buildings and other facilities required in the conservation, management, 

investigation, protection, and utilization of fish and wildlife resources, and the acquisition of lands and interests therein; 

$23,088,000, to remain available until expended. 

LAND ACQUISITION

For expenses necessary to carry out the Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l–4 through 

11), including administrative expenses, and for acquisition of land 

or waters, or interest therein, in accordance with statutory authority 

applicable to the United States Fish and Wildlife Service, 

$54,720,000, to be derived from the Land and Water Conservation 

Fund and to remain available until expended, of which, notwithstanding 16 U.S.C. 460l–9, not more than $5,000,000 shall be for 

land conservation partnerships authorized by the Highlands Conservation Act of 2004, including not to exceed $160,000 for administrative expenses: Provided, That none of the funds appropriated for 

specific land acquisition projects may be used to pay for any administrative overhead, planning or other management costs. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

For expenses necessary to carry out section 6 of the Endangered 

Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), 

$47,757,000, to remain available until expended, of which 

$22,757,000 is to be derived from the Cooperative Endangered Species Conservation Fund; and of which $25,000,000 is to be derived 

from the Land and Water Conservation Fund. 


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NATIONAL WILDLIFE REFUGE FUND

For expenses necessary to implement the Act of October 17, 1978 (16 U.S.C. 715s), $13,980,000. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

For expenses necessary to carry out the provisions of the North 

American Wetlands Conservation Act, as amended (16 U.S.C. 4401 

et seq.), $35,554,000, to remain available until expended. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

For expenses necessary to carry out the Neotropical Migratory 

Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.), 

$3,792,000, to remain available until expended. 

MULTINATIONAL SPECIES CONSERVATION FUND

For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and Tiger 

Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape 

Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine 

Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), 

$9,481,000, to remain available until expended. 

STATE AND TRIBAL WILDLIFE GRANTS

For wildlife conservation grants to States and to the District of 

Columbia, Puerto Rico, Guam, the United States Virgin Islands, the 

Northern Mariana Islands, American Samoa, and Indian tribes 

under the provisions of the Fish and Wildlife Act of 1956 and the 

Fish and Wildlife Coordination Act, for the development and implementation of programs for the benefit of wildlife and their habitat, 

including species that are not hunted or fished, $61,421,000, to remain available until expended: Provided, That of the amount provided herein, $4,275,000 is for a competitive grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $5,741,000 is for a competitive 

grant program for States, territories, and other jurisdictions with 

approved plans, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting $10,016,000 and administrative expenses, apportion the 

amount provided herein in the following manner: (1) to the District 

of Columbia and to the Commonwealth of Puerto Rico, each a sum 

equal to not more than one-half of 1 percent thereof; and (2) to 

Guam, American Samoa, the United States Virgin Islands, and the 

Commonwealth of the Northern Mariana Islands, each a sum equal 

to not more than one-fourth of 1 percent thereof: Provided further, 

That the Secretary shall apportion the remaining amount in the following manner: (1) one-third of which is based on the ratio to which 

the land area of such State bears to the total land area of all such 

States; and (2) two-thirds of which is based on the ratio to which 

the population of such State bears to the total population of all such 

States: Provided further, That the amounts apportioned under this 

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able for apportionment under this paragraph for any fiscal year or 

more than 5 percent of such amount: Provided further, That the 

Federal share of planning grants shall not exceed 75 percent of the 

total costs of such projects and the Federal share of implementation 

grants shall not exceed 65 percent of the total costs of such projects: 

Provided further, That the non-Federal share of such projects may 

not be derived from Federal grant programs: Provided further, That 

any amount apportioned in 2012 to any State, territory, or other jurisdiction that remains unobligated as of September 30, 2013, shall 

be reapportioned, together with funds appropriated in 2014, in the 

manner provided herein. 

ADMINISTRATIVE PROVISIONS

The United States Fish and Wildlife Service may carry out the 

operations of Service programs by direct expenditure, contracts, 

grants, cooperative agreements and reimbursable agreements with 

public and private entities. Appropriations and funds available to 

the United States Fish and Wildlife Service shall be available for 

repair of damage to public roads within and adjacent to reservation 

areas caused by operations of the Service; options for the purchase 

of land at not to exceed $1 for each option; facilities incident to such 

public recreational uses on conservation areas as are consistent with 

their primary purpose; and the maintenance and improvement of 

aquaria, buildings, and other facilities under the jurisdiction of the 

Service and to which the United States has title, and which are 

used pursuant to law in connection with management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under cooperative cost 

sharing and partnership arrangements authorized by law, procure 

printing services from cooperators in connection with jointly produced publications for which the cooperators share at least one-half 

the cost of printing either in cash or services and the Service determines the cooperator is capable of meeting accepted quality standards: Provided further, That the Service may accept donated aircraft as replacements for existing aircraft. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For expenses necessary for the management, operation, and 

maintenance of areas and facilities administered by the National 

Park Service and for the general administration of the National 

Park Service, $2,240,152,000, of which $9,832,000 for planning and 

interagency coordination in support of Everglades restoration and 

$97,883,000 for maintenance, repair, or rehabilitation projects for 

constructed assets, operation of the National Park Service automated facility management software system, and comprehensive facility condition assessments shall remain available until September 

30, 2013. 

NATIONAL RECREATION AND PRESERVATION

For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs, 

environmental compliance and review, international park affairs, 


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and grant administration, not otherwise provided for, $59,975,000: 

Provided, That section 502(c) of the Chesapeake Bay Initiative Act 

of 1998 (16 U.S.C. 461 note; Public Law 105–312) is amended by 

striking ‘‘2011’’ and inserting ‘‘2013’’. 

HISTORIC PRESERVATION FUND

For expenses necessary in carrying out the National Historic 

Preservation Act (16 U.S.C. 470), and the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333), 

$56,000,000, to be derived from the Historic Preservation Fund and 

to remain available until September 30, 2013. 

CONSTRUCTION

(INCLUDING RESCISSION OF FUNDS)

For construction, improvements, repair, or replacement of physical facilities, including modifications authorized by section 104 of 

the Everglades National Park Protection and Expansion Act of 1989 

(16 U.S.C. 410r-8), $159,621,000, to remain available until expended: Provided, That notwithstanding any other provision of law, 

a single procurement for the project to repair damage to the Washington Monument may be issued that includes the full scope of the 

project, so long as the solicitation and contract shall contain the 

clause ‘‘availability of appropriated funds’’ found in CFR section 

52.232.18 of title 48. 

From funds previously made available under this heading, $4,000,000 are rescinded. 

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The contract authority provided for fiscal year 2012 by 16 

U.S.C. 460l–10a is rescinded. 

LAND ACQUISITION AND STATE ASSISTANCE

For expenses necessary to carry out the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l–4 through 11), 

including administrative expenses, and for acquisition of lands or 

waters, or interest therein, in accordance with the statutory authority applicable to the National Park Service, $102,060,000, to be derived from the Land and Water Conservation Fund and to remain 

available until expended, of which $45,000,000 is for the State assistance program and of which $9,000,000 shall be for the American 

Battlefield Protection Program grants as authorized by section 7301 

of the Omnibus Public Land Management Act of 2009 (Public Law 

111–11). 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

In addition to other uses set forth in section 407(d) of Public 

Law 105–391, franchise fees credited to a sub-account shall be 

available for expenditure by the Secretary, without further appropriation, for use at any unit within the National Park System to exVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00211 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tinguish or reduce liability for Possessory Interest or leasehold surrender interest. Such funds may only be used for this purpose to the 

extent that the benefitting unit anticipated franchise fee receipts 

over the term of the contract at that unit exceed the amount of funds 

used to extinguish or reduce liability. Franchise fees at the benefitting unit shall be credited to the sub-account of the originating unit 

over a period not to exceed the term of a single contract at the benefitting unit, in the amount of funds so expended to extinguish or reduce liability. 

For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the Gulf 

of Mexico Energy Security Act of 2006 (Public Law 109–432), the 

National Park Service may retain up to 3 percent of the amounts 

which are authorized to be disbursed under such section, such retained amounts to remain available until expended. 

National Park Service funds may be transferred to the Federal 

Highway Administration (FHWA), Department of Transportation, 

for purposes authorized under 23 U.S.C. 204. Transfers may include a reasonable amount for FHWA administrative support costs. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For expenses necessary for the United States Geological Survey 

to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water resources of the United States, its territories and possessions, and 

other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify 

lands as to their mineral and water resources; give engineering supervision to power permittees and Federal Energy Regulatory Commission licensees; administer the minerals exploration program (30 

U.S.C. 641); conduct inquiries into the economic conditions affecting 

mining and materials processing industries (30 U.S.C. 3, 21a, and 

1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; 

and to publish and disseminate data relative to the foregoing activities; $1,069,744,000, to remain available until September 30, 2013; 

of which $51,569,700 shall remain available until expended for satellite operations; and of which $7,292,000 shall be available until 

expended for deferred maintenance and capital improvement 

projects that exceed $100,000 in cost: Provided, That none of the 

funds provided for the ecosystem research activity shall be used to 

conduct new surveys on private property, unless specifically authorized in writing by the property owner: Provided further, That no 

part of this appropriation shall be used to pay more than one-half 

the cost of topographic mapping or water resources data collection 

and investigations carried on in cooperation with States and municipalities. 

ADMINISTRATIVE PROVISIONS

From within the amount appropriated for activities of the 

United States Geological Survey such sums as are necessary shall 

be available for reimbursement to the General Services Administration for security guard services; contracting for the furnishing of 

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cialized surveys when it is administratively determined that such 

procedures are in the public interest; construction and maintenance 

of necessary buildings and appurtenant facilities; acquisition of 

lands for gauging stations and observation wells; expenses of the 

United States National Committee on Geology; and payment of compensation and expenses of persons on the rolls of the Survey duly 

appointed to represent the United States in the negotiation and administration of interstate compacts: Provided, That activities funded 

by appropriations herein made may be accomplished through the 

use of contracts, grants, or cooperative agreements as defined in section 6302 of title 31, United States Code: Provided further, That the 

United States Geological Survey may enter into contracts or cooperative agreements directly with individuals or indirectly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5, for 

the temporary or intermittent services of students or recent graduates, who shall be considered employees for the purpose of chapters 

57 and 81 of title 5, United States Code, relating to compensation 

for travel and work injuries, and chapter 171 of title 28, United 

States Code, relating to tort claims, but shall not be considered to 

be Federal employees for any other purposes. 

BUREAU OF OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

For expenses necessary for granting leases, easements, rights-ofway and agreements for use for oil and gas, other minerals, energy, 

and marine-related purposes on the Outer Continental Shelf and 

approving operations related thereto, as authorized by law; for environmental studies, as authorized by law; for implementing other 

laws to the extent provided by Presidential or Secretarial delegation; 

and for matching grants or cooperative agreements, $59,792,000, to 

remain available until September 30, 2013; and an amount not to 

exceed $101,082,000, to be credited to this appropriation and to remain available until expended, from additions to receipts resulting 

from increases to rates in effect on August 5, 1993, that are collected 

and disbursed by the Secretary, and from cost recovery fees from activities conducted by the Bureau of Ocean Energy Management pursuant to the Outer Continental Shelf Lands Act, including studies, 

assessments, analysis, and miscellaneous administrative activities: 

Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 2012, 

such amounts as are assessed under 31 U.S.C. 9701 shall be collected and credited to this account and shall be available until expended for necessary expenses: Provided further, That to the extent 

$101,082,000 in addition to receipts are not realized from the 

sources of receipts stated above, the amount needed to reach 

$101,082,000 shall be credited to this appropriation from receipts 

resulting from rental rates for Outer Continental Shelf leases in effect before August 5, 1993: Provided further, That for fiscal year 

2012 and each fiscal year thereafter, the term ‘‘qualified Outer Continental Shelf revenues’’, as defined in section 102(9)(A) of the Gulf 

of Mexico Energy Security Act, division C of Public Law 109–432, 

shall include only the portion or rental revenues that would have 

been collected by the Secretary at the rental rates in effect before August 5, 1993: Provided further, That not to exceed $3,000 shall be 


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available for reasonable expenses related to promoting volunteer 

beach and marine cleanup activities. 

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

For expenses necessary for the regulation of operations related 

to leases, easements, rights-of-way and agreements for use for oil 

and gas, other minerals, energy, and marine-related purposes on the 

Outer Continental Shelf, as authorized by law; for enforcing and 

implementing laws and regulations as authorized by law and to the 

extent provided by Presidential or Secretarial delegation; and for 

matching grants or cooperative agreements, $61,473,000, to remain 

available until September 30, 2013; and an amount not to exceed 

$59,081,000 to be credited to this appropriation and to remain 

available until expended, from additions to receipts resulting from 

increases to rates in effect on August 5, 1993, that are collected and 

disbursed by the Secretary, from cost recovery fees from activities 

conducted by the Bureau of Safety and Environmental Enforcement 

pursuant to the Outer Continental Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided, That notwithstanding 31 U.S.C. 3302, in fiscal year 

2012, such amounts as are assessed under 31 U.S.C. 9701 shall be 

collected and credited to this account and shall be available until 

expended for necessary expenses: Provided further, That to the extent $59,081,000 in addition to receipts are not realized from the 

sources of receipts stated above, the amount needed to reach 

$59,081,000 shall be credited to this appropriation from receipts resulting from rental rates for Outer Continental Shelf leases in effect 

before August 5, 1993: Provided further, That for fiscal year 2012 

and each fiscal year thereafter, the term ‘‘qualified Outer Continental Shelf revenues’’, as defined in section 102(9)(A) of the Gulf 

of Mexico Energy Security Act, division C of Public Law 109–432, 

shall include only the portion of rental revenues that would have 

been collected by the Secretary at the rental rates in effect before August 5, 1993. 

For an additional amount, $62,000,000, to remain available 

until expended, which shall be derived from non-refundable inspection fees collected in fiscal year 2012, as provided in this Act: Provided, That to the extent that such amounts are not realized from 

such fees, the amount needed to reach $62,000,000 shall be credited 

to this appropriation from receipts resulting from rental rates for 

Outer Continental Shelf leases in effect before August 5, 1993: Provided further, That to the extent that amounts realized from such 

fees exceed $62,000,000, the amounts realized in excess of 

$62,000,000 shall be credited to this appropriation and remain 

available until expended: Provided further, That for fiscal year 

2012, not less than 50 percent of the inspection fees collected by the 

Bureau of Safety and Environmental Enforcement will be used to 

fund personnel and mission-related costs to expand capacity and expedite the orderly development, subject to environmental safeguards, 

of the Outer Continental Shelf pursuant to the Outer Continental 

Shelf Lands Act (43 U.S.C. 1331 et seq.), including the review of applications for permits to drill. 


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OIL SPILL RESEARCH

For necessary expenses to carry out title I, section 1016, title IV, 

sections 4202 and 4303, title VII, and title VIII, section 8201 of the 

Oil Pollution Act of 1990, $14,923,000, which shall be derived from 

the Oil Spill Liability Trust Fund, to remain available until expended. 

OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

REGULATION AND TECHNOLOGY

For necessary expenses to carry out the provisions of the Surface 

Mining Control and Reclamation Act of 1977, Public Law 95–87, as 

amended, $122,950,000, to remain available until September 30, 

2013: Provided, That appropriations for the Office of Surface Mining Reclamation and Enforcement may provide for the travel and 

per diem expenses of State and tribal personnel attending Office of 

Surface Mining Reclamation and Enforcement sponsored training: 

Provided further, That, in fiscal year 2012, up to $40,000 collected 

by the Office of Surface Mining from permit fees pursuant to section 

507 of Public Law 95–87 (30 U.S.C. 1257) shall be credited to this 

account as discretionary offsetting collections, to remain available 

until expended: Provided further, That the sum herein appropriated 

shall be reduced as collections are received during the fiscal year so 

as to result in a final fiscal year 2012 appropriation estimated at 

not more than $122,910,000: Provided further, That, in subsequent 

fiscal years, all amounts collected by the Office of Surface Mining 

from permit fees pursuant to section 507 of Public Law 95–87 (30 

U.S.C. 1257) shall be credited to this account as discretionary offsetting collections, to remain available until expended. 

ABANDONED MINE RECLAMATION FUND

For necessary expenses to carry out title IV of the Surface Mining Control and Reclamation Act of 1977, Public Law 95–87, as 

amended, $27,443,000, to be derived from receipts of the Abandoned 

Mine Reclamation Fund and to remain available until expended: 

Provided, That pursuant to Public Law 97–365, the Department of 

the Interior is authorized to use up to 20 percent from the recovery 

of the delinquent debt owed to the United States Government to pay 

for contracts to collect these debts: Provided further, That funds 

made available under title IV of Public Law 95–87 may be used for 

any required non-Federal share of the cost of projects funded by the 

Federal Government for the purpose of environmental restoration related to treatment or abatement of acid mine drainage from abandoned mines: Provided further, That such projects must be consistent with the purposes and priorities of the Surface Mining Control and Reclamation Act: Provided further, That amounts provided 

under this heading may be used for the travel and per diem expenses of State and tribal personnel attending Office of Surface 

Mining Reclamation and Enforcement sponsored training. 

ADMINISTRATIVE PROVISION

With funds available for the Technical Innovation and Professional Services program in this Act, the Secretary may transfer title 


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for computer hardware, software and other technical equipment to 

State and tribal regulatory and reclamation programs. 

BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the operation of Indian programs, as 

authorized by law, including the Snyder Act of November 2, 1921 

(25 U.S.C. 13), the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the Education 

Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 

$2,371,532,000, to remain available until September 30, 2013 except 

as otherwise provided herein; of which not to exceed $8,500 may be 

for official reception and representation expenses; of which not to exceed $74,911,000 shall be for welfare assistance payments: Provided, 

That in cases of designated Federal disasters, the Secretary may exceed such cap, from the amounts provided herein, to provide for disaster relief to Indian communities affected by the disaster; of which, 

notwithstanding any other provision of law, including but not limited to the Indian Self-Determination Act of 1975, as amended, not 

to exceed $219,560,000 shall be available for payments for contract 

support costs associated with ongoing contracts, grants, compacts, 

or annual funding agreements entered into with the Bureau prior 

to or during fiscal year 2012, as authorized by such Act, except that 

tribes and tribal organizations may use their tribal priority allocations for unmet contract support costs of ongoing contracts, grants, 

or compacts, or annual funding agreements and for unmet welfare 

assistance costs; of which not to exceed $590,484,000 for school operations costs of Bureau-funded schools and other education programs 

shall become available on July 1, 2012, and shall remain available 

until September 30, 2013; and of which not to exceed $48,049,000 

shall remain available until expended for housing improvement, 

road maintenance, attorney fees, litigation support, the Indian SelfDetermination Fund, land records improvement, and the NavajoHopi Settlement Program: Provided further, That notwithstanding 

any other provision of law, including but not limited to the Indian 

Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, 

not to exceed $46,327,000 within and only from such amounts made 

available for school operations shall be available for administrative 

cost grants associated with ongoing grants entered into with the Bureau prior to or during fiscal year 2011 for the operation of Bureaufunded schools, and up to $500,000 within and only from such 

amounts made available for administrative cost grants shall be 

available for the transitional costs of initial administrative cost 

grants to grantees that assume operation on or after July 1, 2011, 

of Bureau-funded schools: Provided further, That any forestry funds 

allocated to a tribe which remain unobligated as of September 30, 

2013, may be transferred during fiscal year 2014 to an Indian forest 

land assistance account established for the benefit of the holder of 

the funds within the holder’s trust fund account: Provided further, 

That any such unobligated balances not so transferred shall expire 

on September 30, 2014: Provided further, That in order to enhance 


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the safety of Bureau field employees, the Bureau may use funds to 

purchase uniforms or other identifying articles of clothing for personnel. 

CONSTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For construction, repair, improvement, and maintenance of irrigation and power systems, buildings, utilities, and other facilities, 

including architectural and engineering services by contract; acquisition of lands, and interests in lands; and preparation of lands for 

farming, and for construction of the Navajo Indian Irrigation 

Project pursuant to Public Law 87–483, $123,828,000, to remain 

available until expended: Provided, That such amounts as may be 

available for the construction of the Navajo Indian Irrigation 

Project may be transferred to the Bureau of Reclamation: Provided 

further, That not to exceed 6 percent of contract authority available 

to the Bureau of Indian Affairs from the Federal Highway Trust 

Fund may be used to cover the road program management costs of 

the Bureau: Provided further, That any funds provided for the Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable basis: Provided further, That for fiscal 

year 2012, in implementing new construction or facilities improvement and repair project grants in excess of $100,000 that are provided to grant schools under Public Law 100–297, as amended, the 

Secretary of the Interior shall use the Administrative and Audit Requirements and Cost Principles for Assistance Programs contained 

in 43 CFR part 12 as the regulatory requirements: Provided further, 

That such grants shall not be subject to section 12.61 of 43 CFR; 

the Secretary and the grantee shall negotiate and determine a 

schedule of payments for the work to be performed: Provided further, That in considering grant applications, the Secretary shall 

consider whether such grantee would be deficient in assuring that 

the construction projects conform to applicable building standards 

and codes and Federal, tribal, or State health and safety standards 

as required by 25 U.S.C. 2005(b), with respect to organizational and 

financial management capabilities: Provided further, That if the 

Secretary declines a grant application, the Secretary shall follow the 

requirements contained in 25 U.S.C. 2504(f): Provided further, That 

any disputes between the Secretary and any grantee concerning a 

grant shall be subject to the disputes provision in 25 U.S.C. 2507(e): 

Provided further, That in order to ensure timely completion of construction projects, the Secretary may assume control of a project and 

all funds related to the project, if, within 18 months of the date of 

enactment of this Act, any grantee receiving funds appropriated in 

this Act or in any prior Act, has not completed the planning and 

design phase of the project and commenced construction: Provided 

further, That this appropriation may be reimbursed from the Office 

of the Special Trustee for American Indians appropriation for the 

appropriate share of construction costs for space expansion needed 

in agency offices to meet trust reform implementation. 


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INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS

PAYMENTS TO INDIANS

For payments and necessary administrative expenses for implementation of Indian land and water claim settlements pursuant to 

Public Laws 99–264, 100–580, 101–618, 108–447, and 111–11, and 

for implementation of other land and water rights settlements, 

$32,855,000, to remain available until expended. 

INDIAN GUARANTEED LOAN PROGRAM ACCOUNT

For the cost of guaranteed loans and insured loans, $7,114,000, of which $964,000 is for administrative expenses, as authorized by 

the Indian Financing Act of 1974, as amended: Provided, That such 

costs, including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to exceed $73,365,796. 

ADMINISTRATIVE PROVISIONS

The Bureau of Indian Affairs may carry out the operation of Indian programs by direct expenditure, contracts, cooperative agreements, compacts, and grants, either directly or in cooperation with 

States and other organizations. 

Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs 

may contract for services in support of the management, operation, 

and maintenance of the Power Division of the San Carlos Irrigation 

Project. 

Appropriations for the Bureau of Indian Affairs (except the Revolving Fund for Loans Liquidating Account, Indian Loan Guaranty and Insurance Fund Liquidating Account, Indian Guaranteed 

Loan Financing Account, Indian Direct Loan Financing Account, 

and the Indian Guaranteed Loan Program account) shall be available for expenses of exhibits. 

Notwithstanding any other provision of law, no funds available 

to the Bureau of Indian Affairs for central office oversight and Executive Direction and Administrative Services (except executive direction and administrative services funding for Tribal Priority Allocations, regional offices, and facilities operations and maintenance) 

shall be available for contracts, grants, compacts, or cooperative 

agreements with the Bureau of Indian Affairs under the provisions 

of the Indian Self-Determination Act or the Tribal Self-Governance 

Act of 1994 (Public Law 103–413). 

In the event any tribe returns appropriations made available by 

this Act to the Bureau of Indian Affairs, this action shall not diminish the Federal Government’s trust responsibility to that tribe, or the 

government-to-government relationship between the United States 

and that tribe, or that tribe’s ability to access future appropriations. 

Notwithstanding any other provision of law, no funds available 

to the Bureau, other than the amounts provided herein for assistance to public schools under 25 U.S.C. 452 et seq., shall be available to support the operation of any elementary or secondary school 

in the State of Alaska. 

Appropriations made available in this or any other Act for 

schools funded by the Bureau shall be available only to the schools 


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in the Bureau school system as of September 1, 1996. No funds 

available to the Bureau shall be used to support expanded grades 

for any school or dormitory beyond the grade structure in place or 

approved by the Secretary of the Interior at each school in the Bureau school system as of October 1, 1995, except that any school or 

school program that was closed and removed from the Bureau 

school system between 1951 and 1972, and its respective tribe’s relationship with the Federal Government was terminated, shall be reinstated to the Bureau system and supported at a level based on its 

grade structure and average student enrollment for the 2009–2010, 

2010–2011 and 2011–2012 school years. Funds made available 

under this Act may not be used to establish a charter school at a 

Bureau-funded school (as that term is defined in section 1141 of the 

Education Amendments of 1978 (25 U.S.C. 2021)), except that a 

charter school that is in existence on the date of the enactment of 

this Act and that has operated at a Bureau-funded school before 

September 1, 1999, may continue to operate during that period, but 

only if the charter school pays to the Bureau a pro rata share of 

funds to reimburse the Bureau for the use of the real and personal 

property (including buses and vans), the funds of the charter school 

are kept separate and apart from Bureau funds, and the Bureau 

does not assume any obligation for charter school programs of the 

State in which the school is located if the charter school loses such 

funding. Employees of Bureau-funded schools sharing a campus 

with a charter school and performing functions related to the charter school’s operation and employees of a charter school shall not be 

treated as Federal employees for purposes of chapter 171 of title 28, 

United States Code. 

Notwithstanding any other provision of law, including section 

113 of title I of appendix C of Public Law 106–113, if in fiscal year 

2003 or 2004 a grantee received indirect and administrative costs 

pursuant to a distribution formula based on section 5(f) of Public 

Law 101–301, the Secretary shall continue to distribute indirect and 

administrative cost funds to such grantee using the section 5(f) distribution formula. 

DEPARTMENTAL OFFICES

OFFICE OF THE SECRETARY

DEPARTMENTAL OPERATIONS

For necessary expenses for management of the Department of 

the Interior, including the collection and disbursement of royalties, 

fees, and other mineral revenue proceeds, as authorized by law, 

$262,317,000, to remain available until September 30, 2013; of 

which not to exceed $15,000 may be for official reception and representation expenses; and of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments associated with the orderly closure of the 

United States Bureau of Mines; and of which $12,712,000 for the 

Office of Valuation Services is to be derived from the Land and 

Water Conservation Fund and shall remain available until expended; and of which $38,300,000 shall remain available until expended for the purpose of mineral revenue management activities: 

Provided, That, for fiscal year 2012, up to $400,000 of the payments 


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authorized by the Act of October 20, 1976, as amended (31 U.S.C. 

6901–6907) may be retained for administrative expenses of the Payments in Lieu of Taxes Program: Provided further, That no payment 

shall be made pursuant to that Act to otherwise eligible units of 

local government if the computed amount of the payment is less 

than $100: Provided further, That notwithstanding any other provision of law, $15,000 under this heading shall be available for refunds of overpayments in connection with certain Indian leases in 

which the Secretary concurred with the claimed refund due, to pay 

amounts owed to Indian allottees or tribes, or to correct prior unrecoverable erroneous payments: Provided further, That, notwithstanding the provisions of section 35(b) of the Mineral Leasing Act, 

as amended (30 U.S.C. 191(b)), the Secretary shall deduct 2 percent 

from the amount payable to each State in fiscal year 2012 and deposit the amount deducted to miscellaneous receipts of the Treasury. 

INSULAR AFFAIRS

ASSISTANCE TO TERRITORIES

For expenses necessary for assistance to territories under the jurisdiction of the Department of the Interior and other jurisdictions 

identified in section 104(e) of Public Law 108–188, $87,997,000, of 

which: (1) $78,517,000 shall remain available until expended for 

territorial assistance, including general technical assistance, maintenance assistance, disaster assistance, insular management controls, coral reef initiative activities, and brown tree snake control 

and research; grants to the judiciary in American Samoa for compensation and expenses, as authorized by law (48 U.S.C. 1661(c)); 

grants to the Government of American Samoa, in addition to current local revenues, for construction and support of governmental 

functions; grants to the Government of the Virgin Islands as authorized by law; grants to the Government of Guam, as authorized by 

law; and grants to the Government of the Northern Mariana Islands as authorized by law (Public Law 94–241; 90 Stat. 272); and 

(2) $9,480,000 shall be available until September 30, 2013 for salaries and expenses of the Office of Insular Affairs: Provided, That all 

financial transactions of the territorial and local governments herein provided for, including such transactions of all agencies or instrumentalities established or used by such governments, may be 

audited by the Government Accountability Office, at its discretion, 

in accordance with chapter 35 of title 31, United States Code: Provided further, That Northern Mariana Islands Covenant grant 

funding shall be provided according to those terms of the Agreement 

of the Special Representatives on Future United States Financial 

Assistance for the Northern Mariana Islands approved by Public 

Law 104–134: Provided further, That the funds for the program of 

operations and maintenance improvement are appropriated to institutionalize routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to 

be determined by the Secretary based on the grantee’s commitment 

to timely maintenance of its capital assets: Provided further, That 

any appropriation for disaster assistance under this heading in this 

Act or previous appropriations Acts may be used as non-Federal 

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vided pursuant to section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). 

COMPACT OF FREE ASSOCIATION

For grants and necessary expenses, $3,318,000, to remain available until expended, as provided for in sections 221(a)(2) and 233 

of the Compact of Free Association for the Republic of Palau; and 

section 221(a)(2) of the Compacts of Free Association for the Government of the Republic of the Marshall Islands and the Federated 

States of Micronesia, as authorized by Public Law 99–658 and Public Law 108–188. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

At the request of the Governor of Guam, the Secretary may 

transfer discretionary funds or mandatory funds provided under 

section 104(e) of Public Law 108–188 and Public Law 104–134, that 

are allocated for Guam, to the Secretary of Agriculture for the subsidy cost of direct or guaranteed loans, plus not to exceed three percent of the amount of the subsidy transferred for the cost of loan administration, for the purposes authorized by the Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and 

Rural Development Act for construction and repair projects in 

Guam, and such funds shall remain available until expended: Provided, That such costs, including the cost of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget Act 

of 1974: Provided further, That such loans or loan guarantees may 

be made without regard to the population of the area, credit elsewhere requirements, and restrictions on the types of eligible entities 

under the Rural Electrification Act of 1936 and section 306(a)(1) of 

the Consolidated Farm and Rural Development Act: Provided further, That any funds transferred to the Secretary of Agriculture 

shall be in addition to funds otherwise made available to make or 

guarantee loans under such authorities. 

OFFICE OF THE SOLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor, 

$66,296,000. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General, 

$49,471,000. 


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OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For the operation of trust programs for Indians by direct expenditure, contracts, cooperative agreements, compacts, and grants, 

$152,319,000, to remain available until expended, of which not to 

exceed $31,171,000 from this or any other Act, shall be available for 

historical accounting: Provided, That funds for trust management 

improvements and litigation support may, as needed, be transferred 

to or merged with the Bureau of Indian Affairs, ‘‘Operation of Indian Programs’’ account; the Office of the Solicitor, ‘‘Salaries and 

Expenses’’ account; and the Office of the Secretary, ‘‘Salaries and 

Expenses’’ account: Provided further, That funds made available 

through contracts or grants obligated during fiscal year 2012, as 

authorized by the Indian Self-Determination Act of 1975 (25 U.S.C. 

450 et seq.), shall remain available until expended by the contractor 

or grantee: Provided further, That, notwithstanding any other provision of law, the statute of limitations shall not commence to run on 

any claim, including any claim in litigation pending on the date of 

the enactment of this Act, concerning losses to or mismanagement 

of trust funds, until the affected tribe or individual Indian has been 

furnished with an accounting of such funds from which the beneficiary can determine whether there has been a loss: Provided further, That, notwithstanding any other provision of law, the Secretary shall not be required to provide a quarterly statement of performance for any Indian trust account that has not had activity for 

at least 18 months and has a balance of $15 or less: Provided further, That the Secretary shall issue an annual account statement 

and maintain a record of any such accounts and shall permit the 

balance in each such account to be withdrawn upon the express 

written request of the account holder: Provided further, That not to 

exceed $50,000 is available for the Secretary to make payments to 

correct administrative errors of either disbursements from or deposits to Individual Indian Money or Tribal accounts after September 

30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available in this account for 

this purpose. 

DEPARTMENT-WIDE PROGRAMS

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

For necessary expenses for fire preparedness, suppression operations, fire science and research, emergency rehabilitation, hazardous fuels reduction, and rural fire assistance by the Department 

of the Interior, $566,495,000, to remain available until expended, of 

which not to exceed $6,137,000 shall be for the renovation or construction of fire facilities: Provided, That such funds are also available for repayment of advances to other appropriation accounts from 

which funds were previously transferred for such purposes: Provided further, That persons hired pursuant to 43 U.S.C. 1469 may 

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able from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office of 

the Department of the Interior for fire protection rendered pursuant 

to 42 U.S.C. 1856 et seq., protection of United States property, may 

be credited to the appropriation from which funds were expended to 

provide that protection, and are available without fiscal year limitation: Provided further, That using the amounts designated under 

this title of this Act, the Secretary of the Interior may enter into procurement contracts, grants, or cooperative agreements, for hazardous fuels reduction activities, and for training and monitoring 

associated with such hazardous fuels reduction activities, on Federal land, or on adjacent non-Federal land for activities that benefit 

resources on Federal land: Provided further, That the costs of implementing any cooperative agreement between the Federal Government 

and any non-Federal entity may be shared, as mutually agreed on 

by the affected parties: Provided further, That notwithstanding requirements of the Competition in Contracting Act, the Secretary, for 

purposes of hazardous fuels reduction activities, may obtain maximum practicable competition among: (1) local private, nonprofit, or 

cooperative entities; (2) Youth Conservation Corps crews, Public 

Lands Corps (Public Law 109–154), or related partnerships with 

State, local, or nonprofit youth groups; (3) small or micro-businesses; or (4) other entities that will hire or train locally a significant percentage, defined as 50 percent or more, of the project workforce to complete such contracts: Provided further, That in implementing this section, the Secretary shall develop written guidance to 

field units to ensure accountability and consistent application of the 

authorities provided herein: Provided further, That funds appropriated under this heading may be used to reimburse the United 

States Fish and Wildlife Service and the National Marine Fisheries 

Service for the costs of carrying out their responsibilities under the 

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult 

and conference, as required by section 7 of such Act, in connection 

with wildland fire management activities: Provided further, That 

the Secretary of the Interior may use wildland fire appropriations 

to enter into noncompetitive sole-source leases of real property with 

local governments, at or below fair market value, to construct capitalized improvements for fire facilities on such leased properties, including but not limited to fire guard stations, retardant stations, 

and other initial attack and fire support facilities, and to make advance payments for any such lease or for construction activity associated with the lease: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize the transfer 

of funds appropriated for wildland fire management, in an aggregate amount not to exceed $50,000,000, between the Departments 

when such transfers would facilitate and expedite wildland fire 

management programs and projects: Provided further, That funds 

provided for wildfire suppression shall be available for support of 

Federal emergency response actions: Provided further, That funds 

appropriated under this heading shall be available for assistance to 

or through the Department of State in connection with forest and 

rangeland research, technical information, and assistance in foreign 

countries, and, with the concurrence of the Secretary of State, shall 

be available to support forestry, wildland fire management, and related natural resource activities outside the United States and its 


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territories and possessions, including technical assistance, education 

and training, and cooperation with United States and international 

organizations: Provided further, That before obligating any of the 

funds provided herein for wildland fire suppression, the Secretary 

of the Interior shall obligate all unobligated balances previously 

made available under this heading that, when appropriated, were 

designated by Congress as an emergency requirement pursuant to 

the Concurrent Resolution on the Budget or the Balanced Budget 

and Emergency Deficit Control Act of 1985 and notify the Committees on Appropriations of the House of Representatives and the Senate in writing of the imminent need to begin obligating funds provided herein for wildland fire suppression: Provided further, That 

of the funds made available under this heading for wildland fire 

suppression in fiscal year 2011, $82,000,000 are rescinded. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for large fire suppression operations of 

the Department of the Interior and as a reserve fund for suppression 

and Federal emergency response activities, $92,000,000, to remain 

available until expended: Provided, That such amounts are available only for transfer to the ‘‘Wildland Fire Management’’ account 

and only following a declaration by the Secretary that either (1) a 

wildland fire suppression event meets certain previously established 

risk-based written criteria for significant complexity, severity, or 

threat posed by the fire or (2) funds in the ‘‘Wildland Fire Management’’ account will be exhausted within 30 days. 

CENTRAL HAZARDOUS MATERIALS FUND

For necessary expenses of the Department of the Interior and 

any of its component offices and bureaus for the response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as 

amended (42 U.S.C. 9601 et seq.), $10,149,000, to remain available 

until expended. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

To conduct natural resource damage assessment and restoration activities by the Department of the Interior necessary to carry 

out the provisions of the Comprehensive Environmental Response, 

Compensation, and Liability Act, as amended (42 U.S.C. 9601 et 

seq.), the Federal Water Pollution Control Act, as amended (33 

U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 

et seq.), and Public Law 101–337, as amended (16 U.S.C. 19jj et 

seq.), $6,263,000, to remain available until expended. 

WORKING CAPITAL FUND

For the acquisition of a departmental financial and business 

management system, information technology improvements of general benefit to the Department, strengthening the Department’s acquisition workforce capacity and capabilities, and consolidation of 


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facilities and operations throughout the Department, $62,019,000, to 

remain available until expended: Provided, That such funds shall 

be available for training, recruitment, retention, and hiring members of the acquisition workforce as defined by the Office of Federal 

Procurement Policy Act as amended (41 U.S.C. 401 et seq.): Provided further, That none of the funds appropriated in this Act or 

any other Act may be used to establish reserves in the Working Capital Fund account other than for accrued annual leave and depreciation of equipment without prior approval of the House of Representatives and Senate Committees on Appropriations: Provided 

further, That the Secretary may assess reasonable charges to State, 

local and tribal government employees for training services provided 

by the National Indian Program Training Center, other than training related to Public Law 93–638: Provided further, That the Secretary may lease or otherwise provide space and related facilities, 

equipment or professional services of the National Indian Program 

Training Center to State, local and tribal government employees or 

persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a) of title 40, United 

States Code) at the prevailing rate for similar space, facilities, 

equipment, or services in the vicinity of the National Indian Program Training Center: Provided further, That all funds received 

pursuant to the two preceding provisos shall be credited to this account, shall be available until expended, and shall be used by the 

Secretary for necessary expenses of the National Indian Program 

Training Center. 

ADMINISTRATIVE PROVISION

There is hereby authorized for acquisition from available resources within the Working Capital Fund, 15 aircraft, 10 of which 

shall be for replacement and which may be obtained by donation, 

purchase or through available excess surplus property: Provided, 

That existing aircraft being replaced may be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft. 

GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

(INCLUDING TRANSFERS OF FUNDS)

EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU

SEC. 101. Appropriations made in this title shall be available 

for expenditure or transfer (within each bureau or office), with the 

approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or 

equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: Provided, That no funds shall be made available 

under this authority until funds specifically made available to the 

Department of the Interior for emergencies shall have been exhausted: Provided further, That all funds used pursuant to this section must be replenished by a supplemental appropriation which 

must be requested as promptly as possible. 


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EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE

SEC. 102. The Secretary may authorize the expenditure or 

transfer of any no year appropriation in this title, in addition to the 

amounts included in the budget programs of the several agencies, 

for the suppression or emergency prevention of wildland fires on or 

threatening lands under the jurisdiction of the Department of the 

Interior; for the emergency rehabilitation of burned-over lands 

under its jurisdiction; for emergency actions related to potential or 

actual earthquakes, floods, volcanoes, storms, or other unavoidable 

causes; for contingency planning subsequent to actual oil spills; for 

response and natural resource damage assessment activities related 

to actual oil spills or releases of hazardous substances into the environment; for the prevention, suppression, and control of actual or 

potential grasshopper and Mormon cricket outbreaks on lands 

under the jurisdiction of the Secretary, pursuant to the authority in 

section 417(b) of Public Law 106–224 (7 U.S.C. 7717(b)); for emergency reclamation projects under section 410 of Public Law 95–87; 

and shall transfer, from any no year funds available to the Office 

of Surface Mining Reclamation and Enforcement, such funds as 

may be necessary to permit assumption of regulatory authority in 

the event a primacy State is not carrying out the regulatory provisions of the Surface Mining Act: Provided, That appropriations 

made in this title for wildland fire operations shall be available for 

the payment of obligations incurred during the preceding fiscal 

year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their 

use for wildland fire operations, such reimbursement to be credited 

to appropriations currently available at the time of receipt thereof: 

Provided further, That for wildland fire operations, no funds shall 

be made available under this authority until the Secretary determines that funds appropriated for ‘‘wildland fire operations’’ and 

‘‘FLAME Wildfire Suppression Reserve Fund’’ shall be exhausted 

within 30 days: Provided further, That all funds used pursuant to 

this section must be replenished by a supplemental appropriation 

which must be requested as promptly as possible: Provided further, 

That such replenishment funds shall be used to reimburse, on a pro 

rata basis, accounts from which emergency funds were transferred. 

AUTHORIZED USE OF FUNDS

SEC. 103. Appropriations made to the Department of the Interior in this title shall be available for services as authorized by section 3109 of title 5, United States Code, when authorized by the Secretary, in total amount not to exceed $500,000; purchase and replacement of motor vehicles, including specially equipped law enforcement vehicles; hire, maintenance, and operation of aircraft; hire 

of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized 

under regulations approved by the Secretary; and the payment of 

dues, when authorized by the Secretary, for library membership in 

societies or associations which issue publications to members only 

or at a price to members lower than to subscribers who are not 

members. 


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AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT

SEC. 104. Appropriations made in this Act under the headings 

Bureau of Indian Affairs and Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the same headings shall be available for expenditure or transfer for Indian trust management and reform activities. Total funding for historical accounting activities shall not 

exceed amounts specifically designated in this Act for such purpose. 

REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS

SEC. 105. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to redistribute any Tribal Priority Allocation funds, including tribal base funds, to alleviate tribal funding inequities by transferring funds to address identified, 

unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction 

in Tribal Priority Allocation funds of more than 10 percent in fiscal 

year 2012. Under circumstances of dual enrollment, overlapping 

service areas or inaccurate distribution methodologies, the 10 percent limitation does not apply. 

PAYMENT OF FEES

SEC. 106. The Secretary of the Interior may use discretionary 

funds to pay private attorney fees and costs for employees and 

former employees of the Department of the Interior reasonably incurred in connection with Cobell v. Salazar to the extent that such 

fees and costs are not paid by the Department of Justice or by private insurance. In no case shall the Secretary make payments under 

this section that would result in payment of hourly fees in excess of 

the highest hourly rate approved by the District Court for the District of Columbia for counsel in Cobell v. Salazar. 

EVERGLADES ECOSYSTEM RESTORATION

SEC. 107. This and any subsequent fiscal year, the National 

Park Service is authorized to implement modifications to the 

Tamiami Trail as described in, and in accordance with, the preferred alternative identified in the final environmental impact statement noticed in the Federal Register on December 14, 2010, (75 Fed. 

Reg. 77896), relating to restoration efforts of the Everglades ecosystem. 

ELLIS, GOVERNORS, AND LIBERTY ISLANDS

SEC. 108. Notwithstanding any other provision of law, the Secretary of the Interior is authorized to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or 

landing within the State of New York and the State of New Jersey, 

for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including 

franchise fees (and other monetary consideration), or by exchange; 

and the Secretary is authorized to negotiate and enter into leases, 

subleases, concession contracts or other agreements for the use of 


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such facilities on such terms and conditions as the Secretary may 

determine reasonable. 

OUTER CONTINENTAL SHELF INSPECTION FEES

SEC. 109. (a) In fiscal year 2012, the Secretary shall collect a 

nonrefundable inspection fee, which shall be deposited in the ‘‘Ocean 

Energy Management’’ account, from the designated operator for facilities subject to inspection under 43 U.S.C. 1348(c). 

(b) Annual fees shall be collected for facilities that are above the 

waterline, excluding drilling rigs, and are in place at the start of 

the fiscal year. Fees for fiscal year 2012 shall be: 

(1) $10,500 for facilities with no wells, but with processing 

equipment or gathering lines; 

(2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and 

(3) $31,500 for facilities with more than 10 wells, with any 

combination of active or inactive wells. 

(c) Fees for drilling rigs shall be assessed for all inspections 

completed in fiscal year 2012. Fees for fiscal year 2012 shall be: 

(1) $30,500 per inspection for rigs operating in water 

depths of 500 feet or more; and 

(2) $16,700 per inspection for rigs operating in water 

depths of less than 500 feet. 

(d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days 

of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days of billing. 

OIL AND GAS LEASING INTERNET PROGRAM

SEC. 110. Notwithstanding section 17(b)(1)(A) of the Mineral 

Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior 

shall have the authority to establish an oil and gas leasing Internet 

program, under which the Secretary may conduct lease sales 

through methods other than oral bidding. 

INDIAN PROBATE JUDGES

SEC. 111. Section 108 of Public Law 109–54 (the Department of 

the Interior, Environment, and Related Agencies Appropriations 

Act, 2006) is amended by striking ‘‘in fiscal years 2006 through 

2010, for the purpose of reducing the backlog of’’ and inserting ‘‘for 

fiscal year 2006 and each fiscal year thereafter, for the purpose of 

adjudicating’’. 

BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND

ENFORCEMENT REORGANIZATION

SEC. 112. The Secretary of the Interior, in order to implement 

a reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, may establish accounts and transfer funds 

among and between the offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines 

described in the report accompanying this Act. 


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AUTHORIZED USE OF INDIAN EDUCATION FUNDS

SEC. 113. Beginning July 1, 2008, any funds (including investments and interest earned, except for construction funds) held by a 

Public Law 100–297 grant or a Public Law 93–638 contract school 

shall, upon retrocession to or re-assumption by the Bureau of Indian 

Education, remain available to the Bureau of Indian Education for 

a period of 5 years from the date of retrocession or re-assumption 

for the benefit of the programs approved for the school on October 

1, 1995. 

CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING

FACILITIES

SEC. 114. (a) Notwithstanding any other provision of this Act, 

the Secretary of the Interior may enter into multiyear cooperative 

agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with the 

provisions of section 304B of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c) (except that the 5-year 

term restriction in subsection (d) shall not apply), for the long-term 

care and maintenance of excess wild free roaming horses and burros 

by such organizations or entities on private land. Such cooperative 

agreements and contracts may not exceed 10 years, subject to renewal at the discretion of the Secretary. 

(b) During fiscal year 2012 and subsequent fiscal years, in carrying out work involving cooperation with any State or political 

subdivision thereof, the Bureau of Land Management may record 

obligations against accounts receivable from any such entities. 

BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS

SEC. 115. (a)(1) Notwithstanding any other provision of law or 

Federal regulation, including section 586(c) of title 40, United 

States Code, the Director of the BIE, or the Director’s designee, is 

authorized to enter into agreements with public and private persons 

and entities that provide for such persons and entities to rent or 

lease the land or facilities of a Bureau-operated school for such periods of time as the school is Bureau operated, in exchange for a consideration (in the form of funds) that benefits the school, as determined by the head of the school. 

(2) Funds received under paragraph (1) shall be retained by the 

school and used for school purposes otherwise authorized by law. 

Any funds received under paragraph (1) are hereby made available 

until expended for such purposes, notwithstanding section 3302 of 

title 31, United States Code. 

(3) Nothing in this section shall be construed to allow for the 

diminishment of, or otherwise affect, the appropriation of funds to 

the budget accounts for the operation and maintenance of Bureauoperated schools. No funds shall be withheld from the distribution 

to the budget of any Bureau-operated school due to the receipt by 

the school of a benefit in accordance with this section. 

(b) Notwithstanding any provision of title 5, United States 

Code, or any regulation promulgated under such title, education 

personnel who are under the direction and supervision of the Secretary of the Interior may participate in a fundraising activity for 

the benefit of a Bureau-operated school in an official capacity as 


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part of their official duties. When participating in such an official 

capacity, the employee may use the employee’s official title, position, 

and authority. Nothing in this subsection shall be construed to authorize participation in political activity (as such term is used in 

section 7324 of title 5, United States Code) otherwise prohibited by 

law. 

(c) The Secretary of the Interior shall promulgate regulations to 

carry out this section not later than 16 months after the date of the 

enactment of this Act. Such regulations shall include— 

(1) standards for the appropriate use of Bureau-operated 

school lands and facilities by third parties under a rental or 

lease agreement; 

(2) provisions for the establishment and administration of 

mechanisms for the acceptance of consideration for the use and 

benefit of a school in accordance with this section (including, in 

appropriate cases, the establishment and administration of 

trust funds); 

(3) accountability standards to ensure ethical conduct; and 

(4) provisions for monitoring the amount and terms of consideration received, the manner in which the consideration is 

used, and any results achieved by such use. 

(d) Provisions of this section shall apply to fiscal years 2012 

through 2014. 

AUTHORIZED USE OF FUNDS

SEC. 116. Section 3006 of Public Law 111–212 is amended by 

striking ‘‘For fiscal years 2010 and 2011’’ and inserting ‘‘For fiscal 

years 2010 through 2012’’. 

MASS MARKING OF SALMONIDS

SEC. 117. The United States Fish and Wildlife Service shall, in 

carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking of 

salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. Marked 

fish must have a visible mark that can be readily identified by commercial and recreational fishers. 

PROHIBITION ON USE OF FUNDS

SEC. 118. (a) Any proposed new use of the Arizona & California 

Railroad Company’s Right of Way for conveyance of water shall not 

proceed unless the Secretary of the Interior certifies that the proposed new use is within the scope of the Right of Way. 

(b) No funds appropriated or otherwise made available to the 

Department of the Interior may be used, in relation to any proposal 

to store water underground for the purpose of export, for approval 

of any right-of-way or similar authorization on the Mojave National 

Preserve or lands managed by the Needles Field Office of the Bureau of Land Management, or for carrying out any activities associated with such right-of-way or similar approval. 


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YUKON-CHARLEY NATIONAL PRESERVE

SEC. 119. None of the funds made available by this Act may be 

used by the Secretary of the Interior to implement or enforce regulations concerning boating within Yukon-Charley National Preserve, 

including waters subject to the jurisdiction of the United States, 

pursuant to section 3(h) of Public Law 91–383 (16 U.S.C. 1a–2(h)) 

or any other authority. This section does not affect the authority of 

the Coast Guard to regulate the use of waters subject to the jurisdiction of the United States within the Yukon-Charley National Preserve. 

REPUBLIC OF PALAU

SEC. 120. (a) IN GENERAL.—Subject to subsection (c), the 

United States Government, through the Secretary of the Interior 

shall provide to the Government of Palau for fiscal year 2012 grants 

in amounts equal to the annual amounts specified in subsections 

(a), (c), and (d) of section 211 of the Compact of Free Association 

between the Government of the United States of America and the 

Government of Palau (48 U.S.C. 1931 note) (referred to in this section as the ‘‘Compact’’). 

(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (c), the 

United States shall provide programmatic assistance to the Republic of Palau for fiscal year 2012 in amounts equal to the amounts 

provided in subsections (a) and (b)(1) of section 221 of the Compact. 

(c) LIMITATIONS ON ASSISTANCE.— 

(1) IN GENERAL.—The grants and programmatic assistance 

provided under subsections (a) and (b) shall be provided to the 

same extent and in the same manner as the grants and assistance were provided in fiscal year 2009. 

(2) TRUST FUND.—If the Government of Palau withdraws 

more than $5,000,000 from the trust fund established under 

section 211(f) of the Compact, amounts to be provided under 

subsections (a) and (b) shall be withheld from the Government 

of Palau. 

HIRING AUTHORITIES

SEC. 121. (a) DIRECT HIRE AUTHORITY.— 

(1) During fiscal year 2012 and thereafter, the Secretary of 

the Interior may appoint, without regard to the provisions of 

subchapter I of chapter 33 of title 5, United States Code, other 

than sections 3303 and 3328 of such title, a qualified candidate 

described in paragraph (1) directly to a position with a land 

managing agency of the Department of the Interior for which 

the candidate meets Office of Personnel Management qualification standards. 

(2) Paragraph (1) applies with respect to a former resource 

assistant (as defined in section 203 of the Public Land Corps 

Act (16 U.S.C. 1722)) who— 

(A) completed a rigorous undergraduate or graduate 

summer internship with a land managing agency, such as 

the National Park Service Business Plan Internship; 

(B) successfully fulfilled the requirements of the internship program; and 


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(C) subsequently earned an undergraduate or graduate 

degree from an accredited institution of higher education. 

(3) The direct hire authority under this subsection may not 

be exercised with respect to a specific qualified candidate after 

the end of the two-year period beginning on the date on which 

the candidate completed the undergraduate or graduate degree, 

as the case may be. 

(b) LOCAL HIRE AUTHORITY.—Section 1308 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3198) is 

amended— 

(1) in subsection (a), by striking ‘‘establish a program’’ and 

inserting ‘‘establish an excepted service appointment authority,’’; 

(2) in subsection (b), by striking ‘‘competitive service as defined in section 2102 of such title for which such person is eligible under subchapter I of chapter 33 of such title, in selection 

to such position’’ and inserting ‘‘excepted service as defined in 

section 2103 of such title’’; 

(3) in subsection (e), by redesignating paragraph (2) as 

paragraph (3) and inserting after paragraph (1) the following 

new paragraph (2): 

‘‘(2) CONVERSION TO COMPETITIVE SERVICE.—Employees 

who satisfactorily complete two years of continuous service in a 

permanent appointment made under subsection (a) and who 

meet satisfactory performance and competitive service qualification requirements shall have their appointment converted to 

competitive service career-conditional or career employment as 

appropriate. This paragraph applies to individuals appointed 

on or after March 30, 2009. An employee who does not meet 

competitive service qualification requirements after two years of 

continuous service in an appointment made under subsection 

(a) shall be converted upon meeting such qualification requirements. Temporary and time-limited appointments will be made 

in the excepted service. There is no provision for conversion to 

competitive service when appointments are time-limited.’’. 

(c) GULF OF MEXICO REGION.—For fiscal years 2012 and 2013, 

funds made available in this title for the Bureau of Ocean Energy 

Management and the Bureau of Safety and Environmental Enforcement may be used by the Secretary of the Interior to establish higher 

minimum rates of basic pay for employees of the Department of the 

Interior in the Gulf of Mexico Region in the Geophysicist (GS–1313), 

Geologist (GS–1350), and Petroleum Engineer (GS–0881) job series 

at grades 5 through 15 at rates no greater than 25 percent above 

the minimum rates of basic pay normally scheduled, and such higher rates shall be consistent with the subsections (e) through (h) of 

section 5305 of title 5, United States Code. 

BUREAU OF LAND MANAGEMENT ACTIONS REGARDING GRAZING ON

PUBLIC LANDS

SEC. 122. (a) EXHAUSTION OF ADMINISTRATIVE REVIEW REQUIRED.— 

(1) For fiscal years 2012 and 2013 only, a person may 

bring a civil action challenging a decision of the Bureau of 

Land Management concerning grazing on public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e))) in a Federal district court 


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only if the person has exhausted the administrative hearings 

and appeals procedures established by the Department of the 

Interior, including having filed a timely appeal and a request 

for stay. 

(2) An issue may be considered in the judicial review of a 

decision referred to in paragraph (1) only if the issue was 

raised in the administrative review process described in such 

paragraph. 

(3) An exception to the requirement of exhausting the administrative review process before seeking judicial review shall 

be available if a Federal court finds that the agency failed or 

was unable to make information timely available during the 

administrative review process for issues of material fact. For 

the purposes of this paragraph, the term ‘‘timely’’ means within 

120 calendar days after the date that the challenge to the agency action or amendment at issue is received for administrative 

review. 

(b) ACCEPTANCE OF DONATION OF CERTAIN EXISTING PERMITS

OR LEASES.— 

(1) During fiscal year 2012 and thereafter, the Secretary of 

the Interior shall accept the donation of any valid existing permits or leases authorizing grazing on public lands within the 

California Desert Conservation Area. With respect to each permit or lease donated under this paragraph, the Secretary shall 

terminate the grazing permit or lease, ensure a permanent end 

(except as provided in paragraph (2)), to grazing on the land 

covered by the permit or lease, and make the land available for 

mitigation by allocating the forage to wildlife use consistent 

with any applicable Habitat Conservation Plan, section 

10(a)(1)(B) permit, or section 7 consultation under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). 

(2) If the land covered by a permit or lease donated under 

paragraph (1) is also covered by another valid existing permit 

or lease that is not donated under such paragraph, the Secretary of the Interior shall reduce the authorized grazing level 

on the land covered by the permit or lease to reflect the donation of the permit or lease under paragraph (1). To ensure that 

there is a permanent reduction in the level of grazing on the 

land covered by a permit or lease donated under paragraph (1), 

the Secretary shall not allow grazing use to exceed the authorized level under the remaining valid existing permit or lease 

that is not donated. 

TRAILING LIVESTOCK OVER PUBLIC LAND

SEC. 123. During fiscal years 2012 through 2013 only, the Bureau of Land Management may, at its sole discretion, review planning and implementation decisions regarding the trailing of livestock across public lands, including, but not limited to, issuance of 

crossing or trailing authorizations or permits, under the National 

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Temporary trailing or crossing authorizations across public lands shall 

not be subject to protest and/or appeal under subpart E of part 4 

of title 43, Code of Federal Regulations, and subpart 4160 of part 

4100 of such title. 


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LEASE AUTHORIZATION

SEC. 124. (a) IN GENERAL.—The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) may lease to the Savannah Bar Pilots Association, or a successor organization, no more 

than 30,000 square feet of land and improvements within Fort Pulaski National Monument (referred to in this section as the ‘‘Monument’’) at the location on Cockspur Island that has been used continuously by the Savannah Bar Pilots Association since 1940. 

(b) RENTAL FEE AND PROCEEDS.— 

(1) RENTAL FEE.—For the lease authorized by this Act, the 

Secretary shall require a rental fee based on fair market value 

adjusted, as the Secretary deems appropriate, for amounts to be 

expended by the lessee for property preservation, maintenance, 

or repair and related expenses. 

(2) PROCEEDS.—Disposition of the proceeds from the rental 

fee required pursuant to paragraph (1) shall be made in accordance with section 3(k)(5) of Public Law 91–383 (16 U.S.C. 1a– 

2(k)(5)). 

(c) TERMS AND CONDITIONS.—A lease entered into under this 

section— 

(1) shall be for a term of no more than 10 years and, at 

the Secretary’s discretion, for successive terms of no more than 

10 years at a time; and 

(2) shall include any terms and conditions the Secretary determines to be necessary to protect the resources of the Monument and the public interest. 

(d) EXEMPTION FROM APPLICABLE LAW.—Except as provided in 

section 2(b)(2) of this Act, the lease authorized by this Act shall not 

be subject to section 3(k) of Public Law 91–383 (16 U.S.C. 1a–2(k)) 

or section 321 of Act of June 30, 1932 (40 U.S.C. 1302). 

WILD LANDS FUNDING PROHIBITION

SEC. 125. None of the funds made available in this Act or any 

other Act may be used to implement, administer, or enforce Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010: Provided, That nothing in this section shall restrict the Secretary’s authorities under sections 201 and 202 of the 

Federal Land Policy and Management Act of 1976 (43 U.S.C. 1711 

and 1712). 

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

SCIENCE AND TECHNOLOGY

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980, as amended; necessary expenses for personnel and related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of research and development, $795,000,000, to remain available 

until September 30, 2013. 


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ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses; hire of passenger motor vehicles; 

hire, maintenance, and operation of aircraft; purchase of reprints; 

library memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002; and not to exceed $19,000 

for official reception and representation expenses, $2,682,514,000, to 

remain available until September 30, 2013: Provided, That of the 

funds included under this heading, not less than $410,375,000 shall 

be for Geographic Programs specified in the explanatory statement 

accompanying this Act. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, $42,000,000, to remain available until September 30, 

2013. 

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, 

and purchase of fixed equipment or facilities of, or for use by, the 

Environmental Protection Agency, $36,428,000, to remain available 

until expended. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 

and (e)(4) (42 U.S.C. 9611) $1,215,753,000, to remain available 

until expended, consisting of such sums as are available in the 

Trust Fund on September 30, 2011, as authorized by section 517(a) 

of the Superfund Amendments and Reauthorization Act of 1986 

(SARA) and up to $1,215,753,000 as a payment from general revenues to the Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds 

appropriated under this heading may be allocated to other Federal 

agencies in accordance with section 111(a) of CERCLA: Provided 

further, That of the funds appropriated under this heading, 

$9,955,000 shall be paid to the ‘‘Office of Inspector General’’ appropriation to remain available until September 30, 2013, and 

$23,016,000 shall be paid to the ‘‘Science and Technology’’ appropriation to remain available until September 30, 2013. 

LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid 

Waste Disposal Act, as amended, $104,309,000, to remain available 


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232 

until expended, of which $73,809,000 shall be for carrying out leaking underground storage tank cleanup activities authorized by section 9003(h) of the Solid Waste Disposal Act, as amended; 

$30,500,000 shall be for carrying out the other provisions of the 

Solid Waste Disposal Act specified in section 9508(c) of the Internal 

Revenue Code, as amended: Provided, That the Administrator is authorized to use appropriations made available under this heading 

to implement section 9013 of the Solid Waste Disposal Act to provide financial assistance to federally recognized Indian tribes for the 

development and implementation of programs to manage underground storage tanks. 

INLAND OIL SPILL PROGRAMS

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$18,274,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,618,727,000, to remain available until 

expended, of which $1,468,806,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title 

VI of the Federal Water Pollution Control Act, as amended (the 

‘‘Act’’); of which $919,363,000 shall be for making capitalization 

grants for the Drinking Water State Revolving Funds under section 

1452 of the Safe Drinking Water Act, as amended: Provided, That 

for fiscal year 2012, to the extent there are sufficient eligible project 

applications, not less than 10 percent of the funds made available 

under this title to each State for Clean Water State Revolving Fund 

capitalization grants shall be used by the State for projects to address green infrastructure, water or energy efficiency improvements, 

or other environmentally innovative activities: Provided further, 

That for fiscal year 2012, funds made available under this title to 

each State for Drinking Water State Revolving Fund capitalization 

grants may, at the discretion of each State, be used for projects to 

address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities; $5,000,000 

shall be for architectural, engineering, planning, design, construction and related activities in connection with the construction of 

high priority water and wastewater facilities in the area of the 

United States-Mexico Border, after consultation with the appropriate border commission; $10,000,000 shall be for grants to the 

State of Alaska to address drinking water and wastewater infrastructure needs of rural and Alaska Native Villages: Provided further, That, of these funds: (1) the State of Alaska shall provide a 

match of 25 percent; (2) no more than 5 percent of the funds may 

be used for administrative and overhead expenses; and (3) the State 

of Alaska shall make awards consistent with the State-wide priority 

list established in conjunction with the Agency and the U.S. Department of Agriculture for all water, sewer, waste disposal, and similar 

projects carried out by the State of Alaska that are funded under 

section 221 of the Federal Water Pollution Control Act (33 U.S.C. 


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1301) or the Consolidated Farm and Rural Development Act (7 

U.S.C. 1921 et seq.) which shall allocate not less than 25 percent 

of the funds provided for projects in regional hub communities; 

$95,000,000 shall be to carry out section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 

1980 (CERCLA), as amended, including grants, interagency agreements, and associated program support costs; $30,000,000 shall be 

for grants under title VII, subtitle G of the Energy Policy Act of 

2005, as amended; and $1,090,558,000 shall be for grants, including associated program support costs, to States, federally recognized 

tribes, interstate agencies, tribal consortia, and air pollution control 

agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 

104–134, and for making grants under section 103 of the Clean Air 

Act for particulate matter monitoring and data collection activities 

subject to terms and conditions specified by the Administrator, of 

which $49,396,000 shall be for carrying out section 128 of CERCLA, 

as amended, $9,980,000 shall be for Environmental Information Exchange Network grants, including associated program support costs, 

$18,463,000 of the funds available for grants under section 106 of 

the Act shall be for State participation in national- and State-level 

statistical surveys of water resources and enhancements to State 

monitoring programs, and, in addition to funds appropriated under 

the heading ‘‘Leaking Underground Storage Tank Trust Fund Program’’ to carry out the provisions of the Solid Waste Disposal Act 

specified in section 9508(c) of the Internal Revenue Code other than 

section 9003(h) of the Solid Waste Disposal Act, as amended, 

$1,550,000 shall be for grants to States under section 2007(f)(2) of 

the Solid Waste Disposal Act, as amended: Provided further, That 

notwithstanding section 603(d)(7) of the Federal Water Pollution 

Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to administer the fund shall not apply to amounts included as principal in 

loans made by such fund in fiscal year 2012 and prior years where 

such amounts represent costs of administering the fund to the extent 

that such amounts are or were deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and 

used for eligible purposes of the fund, including administration: 

Provided further, That for fiscal year 2012, and notwithstanding 

section 518(f) of the Act, the Administrator is authorized to use the 

amounts appropriated for any fiscal year under section 319 of that 

Act to make grants to federally recognized Indian tribes pursuant 

to sections 319(h) and 518(e) of that Act: Provided further, That for 

fiscal year 2012, notwithstanding the limitation on amounts in section 518(c) of the Federal Water Pollution Control Act and section 

1452(i) of the Safe Drinking Water Act, up to a total of 2 percent 

of the funds appropriated for State Revolving Funds under such 

Acts may be reserved by the Administrator for grants under section 

518(c) and section 1452(i) of such Acts: Provided further, That for 

fiscal year 2012, notwithstanding the amounts specified in section 

205(c) of the Federal Water Pollution Control Act, up to 1.5 percent 

of the aggregate funds appropriated for the Clean Water State Revolving Fund program under the Act less any sums reserved under 

section 518(c) of the Act, may be reserved by the Administrator for 


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grants made under title II of the Clean Water Act for American 

Samoa, Guam, the Commonwealth of the Northern Marianas, and 

United States Virgin Islands: Provided further, That for fiscal year 

2012, notwithstanding the limitations on amounts specified in section 1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the 

funds appropriated for the Drinking Water State Revolving Fund 

programs under the Safe Drinking Water Act may be reserved by 

the Administrator for grants made under section 1452(j) of the Safe 

Drinking Water Act: Provided further, That not less than 20 percent 

but not more than 30 percent of the funds made available under 

this title to each State for Clean Water State Revolving Fund capitalization grants and not less than 20 percent but not more than 

30 percent of the funds made available under this title to each State 

for Drinking Water State Revolving Fund capitalization grants 

shall be used by the State to provide additional subsidy to eligible 

recipients in the form of forgiveness of principal, negative interest 

loans, or grants (or any combination of these), and shall be so used 

by the State only where such funds are provided as initial financing 

for an eligible recipient or to buy, refinance, or restructure the debt 

obligations of eligible recipients only where such debt was incurred 

on or after the date of enactment of this Act, except that for the 

Clean Water State Revolving Fund capitalization grant appropriation this section shall only apply to the portion that exceeds 

$1,000,000,000: Provided further, That no funds provided by this 

appropriations Act to address the water, wastewater and other critical infrastructure needs of the colonias in the United States along 

the United States-Mexico border shall be made available to a county 

or municipal government unless that government has established an 

enforceable local ordinance, or other zoning rule, which prevents in 

that jurisdiction the development or construction of any additional 

colonia areas, or the development within an existing colonia the construction of any new home, business, or other structure which lacks 

water, wastewater, or other necessary infrastructure: Provided further, That for fiscal year 2012 and hereafter, the Administrator may 

transfer funds provided for tribal set-asides through funds appropriated for the Clean Water State Revolving Funds and for the 

Drinking Water State Revolving Funds between those accounts in 

such manner as the Administrator deems appropriate, but not to exceed the transfer limits given to States under section 302(a) of Public Law 104–182. 

ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION

AGENCY

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For fiscal year 2012, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, 

in carrying out the Agency’s function to implement directly Federal 

environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreements to federally recognized Indian tribes or Intertribal consortia, 

if authorized by their member tribes, to assist the Administrator in 

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ments may be awarded from funds designated for State financial 

assistance agreements. 

The Administrator of the Environmental Protection Agency is 

authorized to collect and obligate pesticide registration service fees 

in accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act, as amended by Public Law 110–94, the Pesticide Registration Improvement Renewal Act. 

The Administrator is authorized to transfer up to $300,000,000 

of the funds appropriated for the Great Lakes Restoration Initiative 

under the heading ‘‘Environmental Programs and Management’’ to 

the head of any Federal department or agency, with the concurrence 

of such head, to carry out activities that would support the Great 

Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities; to enter into an interagency 

agreement with the head of such Federal department or agency to 

carry out these activities; and to make grants to governmental entities, nonprofit organizations, institutions, and individuals for planning, research, monitoring, outreach, and implementation in furtherance of the Great Lakes Restoration Initiative and the Great 

Lakes Water Quality Agreement. 

From unobligated balances available to the Administrator of 

the Environmental Protection Agency, $50,000,000 are permanently 

rescinded: Provided, That of these funds, $5,000,000 shall be rescinded from unobligated balances within the ‘‘Hazardous Substance Superfund’’ account; $5,000,000 shall be rescinded from unobligated Brownfields balances within the ‘‘State and Tribal Assistance Grants’’ account; $5,000,000 shall be rescinded from unobligated Mexico Border balances within the ‘‘State and Tribal Assistance Grants’’ account; $5,000,000 shall be rescinded from unobligated Diesel Emissions Reduction Act balances within the ‘‘State 

and Tribal Assistance Grants’’ account; $20,000,000 shall be rescinded from unobligated categorical grant balances within the 

‘‘State and Tribal Assistance Grants’’ account; and $10,000,000 

shall be rescinded from unobligated Clean Water State Revolving 

Funds balances within the ‘‘State and Tribal Assistance Grants’’ account: Provided further, That no amounts may be rescinded from 

amounts that were designated by the Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or 

the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended. 

For fiscal year 2012 and each fiscal year thereafter, the requirements of section 513 of the Federal Water Pollution Control Act (33 

U.S.C. 1372) shall apply to the construction of treatment works carried out in whole or in part with assistance made available by a 

State water pollution control revolving fund as authorized by title 

VI of that Act (33 U.S.C. 1381 et seq.), or with assistance made 

available under section 205(m) of that Act (33 U.S.C. 1285(m)), or 

both. 

For fiscal year 2012 and each fiscal year thereafter, the requirements of section 1450(e) of the Safe Drinking Water Act (42 U.S.C. 

300j–9(e)) shall apply to any construction project carried out in 

whole or in part with assistance made available by a drinking 

water treatment revolving loan fund as authorized by section 1452 

of that Act (42 U.S.C. 300j–12). 


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Notwithstanding section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604), 

the Administrator may authorize the expenditure or transfer of up 

to $10,000,000 from any appropriation in this title, in addition to 

the amounts included in the ‘‘Inland Oil Spill Programs’’ account, 

for removal activities related to actual oil spills 5 days after notifying the House and Senate Committees on Appropriations of the intention to expend or transfer such funds: Provided, That no funds 

shall be expended or transferred under this authority until the Administrator determines that amounts made available for expenditure in the ‘‘Inland Oil Spill Programs’’ account will be exhausted 

within 30 days: Provided further, That such funds shall be replenished to the appropriation that was the source of the expenditure or 

transfer, following EPA’s receipt of reimbursement from the Oil 

Spill Liability Trust Fund pursuant to the Oil Pollution Act of 

1990. 

TITLE III 

RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE 

FOREST SERVICE

FOREST AND RANGELAND RESEARCH

For necessary expenses of forest and rangeland research as au- thorized by law, $295,773,000, to remain available until expended: 

Provided, That of the funds provided, $64,372,000 is for the forest 

inventory and analysis program. 

STATE AND PRIVATE FORESTRY

For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions, and 

others, and for forest health management, including treatments of 

pests, pathogens, and invasive or noxious plants and for restoring 

and rehabilitating forests damaged by pests or invasive plants, cooperative forestry, and education and land conservation activities 

and conducting an international program as authorized, 

$253,331,000, to remain available until expended, as authorized by 

law; of which $53,388,000 is to be derived from the Land and Water 

Conservation Fund. 

NATIONAL FOREST SYSTEM

For necessary expenses of the Forest Service, not otherwise provided for, for management, protection, improvement, and utilization 

of the National Forest System, $1,556,628,000, to remain available 

until expended: Provided, That of the funds provided, $336,049,000 

shall be for forest products: Provided further, That of the funds provided, $40,000,000 shall be deposited in the Collaborative Forest 

Landscape Restoration Fund for ecological restoration treatments as 

authorized by 16 U.S.C. 7303(f): Provided further, That of the funds 

provided, up to $68,000,000 is for the Integrated Resource Restoration pilot program for Region 1, Region 3 and Region 4: Provided 

further, That of the funds provided for forest products, up to 


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$44,585,000 may be transferred to support the Integrated Resource 

Restoration pilot program in the preceding proviso. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Forest Service, not otherwise pro- vided for, $394,721,000, to remain available until expended, for construction, capital improvement, maintenance and acquisition of 

buildings and other facilities and infrastructure; and for construction, reconstruction, decommissioning (including decommissioning 

unauthorized roads not part of the transportation system), and 

maintenance of forest roads and trails by the Forest Service as authorized by 16 U.S.C. 532–538 and 23 U.S.C. 101 and 205: Provided, That $45,000,000 shall be designated for urgently needed 

road decommissioning, road and trail repair and maintenance and 

associated activities, and removal of fish passage barriers, especially 

in areas where Forest Service roads may be contributing to water 

quality problems in streams and water bodies which support threatened, endangered, or sensitive species or community water sources: 

Provided further, That funds becoming available in fiscal year 2012 

under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred 

to the General Fund of the Treasury and shall not be available for 

transfer or obligation for any other purpose unless the funds are appropriated: Provided further, That of the funds provided for decommissioning of roads, up to $13,000,000 may be transferred to the 

‘‘National Forest System’’ to support the Integrated Resource Restoration pilot program. 

LAND ACQUISITION

For expenses necessary to carry out the provisions of the Land 

and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 

460l–4 through 11), including administrative expenses, and for acquisition of land or waters, or interest therein, in accordance with 

statutory authority applicable to the Forest Service, $52,605,000, to 

be derived from the Land and Water Conservation Fund and to remain available until expended. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

For acquisition of lands within the exterior boundaries of the 

Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 

and Cleveland National Forests, California, as authorized by law, 

$955,000, to be derived from forest receipts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

For acquisition of lands, such sums, to be derived from funds 

deposited by State, county, or municipal governments, public school 

districts, or other public school authorities, and for authorized expenditures from funds deposited by non-Federal parties pursuant to 

Land Sale and Exchange Acts, pursuant to the Act of December 4, 

1967, as amended (16 U.S.C. 484a), to remain available until expended (16 U.S.C. 460l–516–617a, 555a; Public Law 96–586; Public 

Law 76–589, 76–591; and Public Law 78–310). 


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RANGE BETTERMENT FUND

For necessary expenses of range rehabilitation, protection, and 

improvement, 50 percent of all moneys received during the prior fiscal year, as fees for grazing domestic livestock on lands in National 

Forests in the 16 Western States, pursuant to section 401(b)(1) of 

Public Law 94–579, as amended, to remain available until expended, of which not to exceed 6 percent shall be available for administrative expenses associated with on-the-ground range rehabilitation, protection, and improvements. 

GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain available until expended, to be derived from the fund established pursuant to the above Act. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

For necessary expenses of the Forest Service to manage Federal 

lands in Alaska for subsistence uses under title VIII of the Alaska 

National Interest Lands Conservation Act (Public Law 96–487), 

$2,577,000, to remain available until expended. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for forest fire presuppression activities 

on National Forest System lands, for emergency fire suppression on 

or adjacent to such lands or other lands under fire protection agreement, hazardous fuels reduction on or adjacent to such lands, and 

for emergency rehabilitation of burned-over National Forest System 

lands and water, $1,737,631,000, to remain available until expended: Provided, That such funds including unobligated balances 

under this heading, are available for repayment of advances from 

other appropriations accounts previously transferred for such purposes: Provided further, That such funds shall be available to reimburse State and other cooperating entities for services provided in 

response to wildfire and other emergencies or disasters to the extent 

such reimbursements by the Forest Service for non-fire emergencies 

are fully repaid by the responsible emergency management agency: 

Provided further, That, notwithstanding any other provision of law, 

$7,262,000 of funds appropriated under this appropriation shall be 

available for the Forest Service in support of fire science research 

authorized by the Joint Fire Science Program, including all Forest 

Service authorities for the use of funds, such as contracts, grants, 

research joint venture agreements, and cooperative agreements: Provided further, That all authorities for the use of funds, including 

the use of contracts, grants, and cooperative agreements, available 

to execute the Forest and Rangeland Research appropriation, are 

also available in the utilization of these funds for Fire Science Research: Provided further, That funds provided shall be available for 

emergency rehabilitation and restoration, hazardous fuels reduction 

activities in the urban-wildland interface, support to Federal emergency response, and wildfire suppression activities of the Forest 


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Service: Provided further, That of the funds provided, $317,584,000 

is for hazardous fuels reduction activities, $21,734,000 is for research activities and to make competitive research grants pursuant 

to the Forest and Rangeland Renewable Resources Research Act, as 

amended (16 U.S.C. 1641 et seq.), $55,564,000 is for State fire assistance, $6,366,000 is for volunteer fire assistance, $15,983,000 is 

for forest health activities on Federal lands and $8,366,000 is for 

forest health activities on State and private lands: Provided further, 

That amounts in this paragraph may be transferred to the ‘‘State 

and Private Forestry’’, ‘‘National Forest System’’, and ‘‘Forest and 

Rangeland Research’’ accounts to fund State fire assistance, volunteer fire assistance, forest health management, forest and rangeland 

research, the Joint Fire Science Program, vegetation and watershed 

management, heritage site rehabilitation, and wildlife and fish 

habitat management and restoration: Provided further, That the 

costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as mutually agreed on by the affected parties: Provided further, That up 

to $15,000,000 of the funds provided herein may be used by the Secretary of Agriculture to enter into procurement contracts or cooperative agreements or to issue grants for hazardous fuels reduction and 

for training or monitoring associated with such hazardous fuels reduction activities on Federal land or on non-Federal land if the Secretary determines such activities implement a community wildfire 

protection plan (or equivalent) and benefit resources on Federal 

land: Provided further, That funds made available to implement the 

Community Forest Restoration Act, Public Law 106–393, title VI, 

shall be available for use on non-Federal lands in accordance with 

authorities made available to the Forest Service under the ‘‘State 

and Private Forestry’’ appropriation: Provided further, That the Secretary of the Interior and the Secretary of Agriculture may authorize 

the transfer of funds appropriated for wildland fire management, in 

an aggregate amount not to exceed $50,000,000, between the Departments when such transfers would facilitate and expedite wildland 

fire management programs and projects: Provided further, That of 

the funds provided for hazardous fuels reduction, not to exceed 

$5,000,000 may be used to make grants, using any authorities 

available to the Forest Service under the ‘‘State and Private Forestry’’ appropriation, for the purpose of creating incentives for increased use of biomass from National Forest System lands: Provided further, That no amounts may be cancelled from amounts 

that were designated by the Congress as an emergency requirement 

pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as 

amended: Provided further, That before obligating any of the funds 

provided herein for wildland fire suppression, the Secretary of Agriculture shall obligate all unobligated balances previously made 

available under this heading (including the unobligated balances 

transferred to Forest Service accounts under this heading by division B of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110–329, 122 Stat. 

3594)) that, when appropriated, were designated by Congress as an 

emergency requirement pursuant to the Concurrent Resolution on 

the Budget or the Balanced Budget and Emergency Deficit Control 

Act of 1985 and notify the Committees on Appropriations of the 


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House of Representatives and the Senate in writing of the imminent 

need to begin obligating funds provided herein for wildland fire 

suppression: Provided further, That funds designated for wildfire 

suppression, including funds transferred from the ‘‘FLAME Wildfire 

Suppression Reserve Fund’’, shall be assessed for cost pools on the 

same basis as such assessments are calculated against other agency 

programs: Provided further, That of the funds for hazardous fuels 

reduction, up to $21,000,000 may be transferred to the ‘‘National 

Forest System’’ to support the Integrated Resource Restoration pilot 

program. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for large fire suppression operations of 

the Department of Agriculture and as a reserve fund for suppression 

and Federal emergency response activities, $315,886,000, to remain 

available until expended: Provided, That such amounts are available only for transfer to the ‘‘Wildland Fire Management’’ account 

and only following a declaration by the Secretary that either (1) a 

wildland fire suppression event meets certain previously established 

risk-based written criteria for significant complexity, severity, or 

threat posed by the fire or (2) funds in the ‘‘Wildland Fire Management’’ account will be exhausted within 30 days. 

ADMINISTRATIVE PROVISIONS—FOREST SERVICE

(INCLUDING TRANSFERS OF FUNDS)

Appropriations to the Forest Service for the current fiscal year 

shall be available for: (1) purchase of passenger motor vehicles; acquisition of passenger motor vehicles from excess sources, and hire 

of such vehicles; purchase, lease, operation, maintenance, and acquisition of aircraft from excess sources to maintain the operable fleet 

for use in Forest Service wildland fire programs and other Forest 

Service programs; notwithstanding other provisions of law, existing 

aircraft being replaced may be sold, with proceeds derived or tradein value used to offset the purchase price for the replacement aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to exceed 

$100,000 for employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings and other public improvements (7 

U.S.C. 2250); (4) acquisition of land, waters, and interests therein 

pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and 

558a note); (6) the cost of uniforms as authorized by 5 U.S.C. 5901– 

5902; and (7) for debt collection contracts in accordance with 31 

U.S.C. 3718(c). 

Any appropriations or funds available to the Forest Service may 

be transferred to the Wildland Fire Management appropriation for 

forest firefighting, emergency rehabilitation of burned-over or damaged lands or waters under its jurisdiction, and fire preparedness 

due to severe burning conditions upon the Secretary’s notification of 

the House and Senate Committees on Appropriations that all fire 

suppression funds appropriated under the headings ‘‘Wildland Fire 

Management’’ and ‘‘FLAME Wildfire Suppression Reserve Fund’’ 

will be obligated within 30 days: Provided, That all funds used purVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00244 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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suant to this paragraph must be replenished by a supplemental appropriation which must be requested as promptly as possible. 

Funds appropriated to the Forest Service shall be available for 

assistance to or through the Agency for International Development 

in connection with forest and rangeland research, technical information, and assistance in foreign countries, and shall be available 

to support forestry and related natural resource activities outside 

the United States and its territories and possessions, including technical assistance, education and training, and cooperation with U.S., 

private, and international organizations. The Forest Service, acting 

for the International Program, may sign direct funding agreements 

with foreign governments and institutions as well as other domestic 

agencies (including the U.S. Agency for International Development, 

the Department of State, and the Millennium Challenge Corporation), U.S. private sector firms, institutions and organizations to 

provide technical assistance and training programs overseas on forestry and rangeland management. 

None of the funds made available to the Forest Service in this 

Act or any other Act with respect to any fiscal year shall be subject 

to transfer under the provisions of section 702(b) of the Department 

of Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of 

Public Law 106–224 (7 U.S.C. 7772), or section 10417(b) of Public 

Law 107–107 (7 U.S.C. 8316(b)). 

None of the funds available to the Forest Service may be reprogrammed without the advance approval of the House and Senate 

Committees on Appropriations in accordance with the reprogramming procedures contained in the joint explanatory statement of the 

managers accompanying this Act. Not more than $82,000,000 of funds available to the Forest 

Service shall be transferred to the Working Capital Fund of the Department of Agriculture and not more than $14,500,000 of funds 

available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph 

shall prohibit or limit the use of reimbursable agreements requested 

by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center. 

Nothing in this paragraph shall limit the Forest Service portion of 

implementation costs to be paid to the Department of Agriculture for 

the Financial Management Modernization Initiative. 

Of the funds available to the Forest Service up to $5,000,000 

shall be available for priority projects within the scope of the approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the Public Lands Corps Act of 1993, Public Law 103–82, as amended by 

Public Lands Corps Healthy Forests Restoration Act of 2005, Public 

Law 109–154. 

Of the funds available to the Forest Service, $4,000 is available 

to the Chief of the Forest Service for official reception and representation expenses. 

Pursuant to sections 405(b) and 410(b) of Public Law 101–593, 

of the funds available to the Forest Service, up to $3,000,000 may 

be advanced in a lump sum to the National Forest Foundation to 

aid conservation partnership projects in support of the Forest Service mission, without regard to when the Foundation incurs expenses, 


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for projects on or benefitting National Forest System lands or related to Forest Service programs: Provided, That of the Federal 

funds made available to the Foundation, no more than $300,000 

shall be available for administrative expenses: Provided further, 

That the Foundation shall obtain, by the end of the period of Federal financial assistance, private contributions to match on at least 

one-for-one basis funds made available by the Forest Service: Provided further, That the Foundation may transfer Federal funds to 

a Federal or a non-Federal recipient for a project at the same rate 

that the recipient has obtained the non-Federal matching funds: 

Provided further, That authorized investments of Federal funds 

held by the Foundation may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both 

principal and interest by the United States. Pursuant to section 2(b)(2) of Public Law 98–244, $3,000,000 of 

the funds available to the Forest Service may be advanced to the 

National Fish and Wildlife Foundation in a lump sum to aid costshare conservation projects, without regard to when expenses are incurred, on or benefitting National Forest System lands or related to 

Forest Service programs: Provided, That such funds shall be 

matched on at least a one-for-one basis by the Foundation or its 

sub-recipients: Provided further, That the Foundation may transfer 

Federal funds to a Federal or non-Federal recipient for a project at 

the same rate that the recipient has obtained the non-Federal 

matching funds. 

Funds appropriated to the Forest Service shall be available for 

interactions with and providing technical assistance to rural communities and natural resource-based businesses for sustainable 

rural development purposes. 

Funds appropriated to the Forest Service shall be available for 

payments to counties within the Columbia River Gorge National 

Scenic Area, pursuant to section 14(c)(1) and (2), and section 

16(a)(2) of Public Law 99–663. 

Any funds appropriated to the Forest Service may be used to 

meet the non-Federal share requirement in section 502(c) of the 

Older American Act of 1965 (42 U.S.C. 3056(c)(2)). 

Funds available to the Forest Service, not to exceed 

$55,000,000, shall be assessed for the purpose of performing fire, 

administrative and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate 

charged on the same basis the agency uses to assess programs for 

payment of rent, utilities, and other support services. 

Notwithstanding any other provision of law, any appropriations 

or funds available to the Forest Service not to exceed $500,000 may 

be used to reimburse the Office of the General Counsel (OGC), Department of Agriculture, for travel and related expenses incurred as 

a result of OGC assistance or participation requested by the Forest 

Service at meetings, training sessions, management reviews, land 

purchase negotiations and similar nonlitigation-related matters. Future budget justifications for both the Forest Service and the Department of Agriculture should clearly display the sums previously 

transferred and the requested funding transfers. 

An eligible individual who is employed in any project funded 

under title V of the Older American Act of 1965 (42 U.S.C. 3056 et 

seq.) and administered by the Forest Service shall be considered to 


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be a Federal employee for purposes of chapter 171 of title 28, United 

States Code. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

For expenses necessary to carry out the Act of August 5, 1954 

(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 

Care Improvement Act, and titles II and III of the Public Health 

Service Act with respect to the Indian Health Service, 

$3,872,377,000, together with payments received during the fiscal 

year pursuant to 42 U.S.C. 238(b) and 238b for services furnished 

by the Indian Health Service: Provided, That funds made available 

to tribes and tribal organizations through contracts, grant agreements, or any other agreements or compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 

U.S.C. 450), shall be deemed to be obligated at the time of the grant 

or contract award and thereafter shall remain available to the tribe 

or tribal organization without fiscal year limitation: Provided further, That $844,927,000 for contract medical care, including 

$51,500,000 for the Indian Catastrophic Health Emergency Fund, 

shall remain available until expended: Provided further, That of the 

funding provided for information technology activities and, notwithstanding any other provision of law, $4,000,000 shall be allocated 

at the discretion of the Director of the Indian Health Service: Provided further, That of the funds provided, up to $36,000,000 shall 

remain available until expended for implementation of the loan repayment program under section 108 of the Indian Health Care Improvement Act: Provided further, That the amounts collected by the 

Federal Government as authorized by sections 104 and 108 of the 

Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) 

during the preceding fiscal year for breach of contracts shall be deposited to the Fund authorized by section 108A of the Act (25 U.S.C. 

1616a–1) and shall remain available until expended and, notwithstanding section 108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds 

shall be available to make new awards under the loan repayment 

and scholarship programs under sections 104 and 108 of the Act (25 

U.S.C. 1613a and 1616a): Provided further, That notwithstanding 

any other provision of law, the amounts made available within this 

account for the methamphetamine and suicide prevention and treatment initiative and for the domestic violence prevention initiative 

shall be allocated at the discretion of the Director of the Indian 

Health Service and shall remain available until expended: Provided 

further, That funds provided in this Act may be used for annual 

contracts and grants that fall within 2 fiscal years, provided the 

total obligation is recorded in the year the funds are appropriated: 

Provided further, That the amounts collected by the Secretary of 

Health and Human Services under the authority of title IV of the 

Indian Health Care Improvement Act shall remain available until 

expended for the purpose of achieving compliance with the applicable conditions and requirements of titles XVIII and XIX of the Social Security Act, except for those related to the planning, design, or 

construction of new facilities: Provided further, That funding conVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00247 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tained herein for scholarship programs under the Indian Health 

Care Improvement Act (25 U.S.C. 1613) shall remain available 

until expended: Provided further, That amounts received by tribes 

and tribal organizations under title IV of the Indian Health Care 

Improvement Act shall be reported and accounted for and available 

to the receiving tribes and tribal organizations until expended: Provided further, That, notwithstanding any other provision of law, of 

the amounts provided herein, not to exceed $472,193,000 shall be for 

payments to tribes and tribal organizations for contract or grant 

support costs associated with contracts, grants, self-governance compacts, or annual funding agreements between the Indian Health 

Service and a tribe or tribal organization pursuant to the Indian 

Self-Determination Act of 1975, as amended, prior to or during fiscal year 2012, of which not to exceed $10,000,000 may be used for 

contract support costs associated with new or expanded self-determination contracts, grants, self-governance compacts, or annual 

funding agreements: Provided further, That the Bureau of Indian 

Affairs may collect from the Indian Health Service, tribes and tribal 

organizations operating health facilities pursuant to Public Law 93– 

638, such individually identifiable health information relating to 

disabled children as may be necessary for the purpose of carrying 

out its functions under the Individuals with Disabilities Education 

Act (20 U.S.C. 1400, et seq.): Provided further, That the Indian 

Health Care Improvement Fund may be used, as needed, to carry 

out activities typically funded under the Indian Health Facilities account. 

INDIAN HEALTH FACILITIES

For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters 

for personnel; preparation of plans, specifications, and drawings; 

acquisition of sites, purchase and erection of modular buildings, 

and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7 

of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act, and the Indian Health Care Improvement Act, and 

for expenses necessary to carry out such Acts and titles II and III 

of the Public Health Service Act with respect to environmental 

health and facilities support activities of the Indian Health Service, 

$441,052,000, to remain available until expended: Provided, That 

notwithstanding any other provision of law, funds appropriated for 

the planning, design, construction, renovation or expansion of 

health facilities for the benefit of an Indian tribe or tribes may be 

used to purchase land on which such facilities will be located: Provided further, That not to exceed $500,000 shall be used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian Health Service 

and tribal facilities: Provided further, That none of the funds appropriated to the Indian Health Service may be used for sanitation facilities construction for new homes funded with grants by the housing programs of the United States Department of Housing and 

Urban Development: Provided further, That not to exceed 

$2,700,000 from this account and the ‘‘Indian Health Services’’ account shall be used by the Indian Health Service to obtain ambulances for the Indian Health Service and tribal facilities in conjuncVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00248 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tion with an existing interagency agreement between the Indian 

Health Service and the General Services Administration: Provided 

further, That not to exceed $500,000 shall be placed in a Demolition 

Fund, to remain available until expended, and be used by the Indian Health Service for the demolition of Federal buildings. 

ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE

Appropriations provided in this Act to the Indian Health Service shall be available for services as authorized by 5 U.S.C. 3109 

at rates not to exceed the per diem rate equivalent to the maximum 

rate payable for senior-level positions under 5 U.S.C. 5376; hire of 

passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of 

modular buildings and renovation of existing facilities; payments 

for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; uniforms or allowances therefor as authorized by 5 U.S.C. 5901–5902; and for expenses of attendance at meetings that relate to the functions or activities of the Indian Health Service: Provided, That in accordance 

with the provisions of the Indian Health Care Improvement Act, 

non-Indian patients may be extended health care at all tribally administered or Indian Health Service facilities, subject to charges, 

and the proceeds along with funds recovered under the Federal 

Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited 

to the account of the facility providing the service and shall be 

available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from 

the Department of Housing and Urban Development to the Indian 

Health Service shall be administered under Public Law 86–121, the 

Indian Sanitation Facilities Act and Public Law 93–638, as amended: Provided further, That funds appropriated to the Indian Health 

Service in this Act, except those used for administrative and program direction purposes, shall not be subject to limitations directed 

at curtailing Federal travel and transportation: Provided further, 

That none of the funds made available to the Indian Health Service 

in this Act shall be used for any assessments or charges by the Department of Health and Human Services unless identified in the 

budget justification and provided in this Act, or approved by the 

House and Senate Committees on Appropriations through the reprogramming process: Provided further, That notwithstanding any 

other provision of law, funds previously or herein made available to 

a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination 

and Education Assistance Act of 1975 (25 U.S.C. 450), may be 

deobligated and reobligated to a self-determination contract under 

title I, or a self-governance agreement under title V of such Act and 

thereafter shall remain available to the tribe or tribal organization 

without fiscal year limitation: Provided further, That none of the 

funds made available to the Indian Health Service in this Act shall 

be used to implement the final rule published in the Federal Register on September 16, 1987, by the Department of Health and 

Human Services, relating to the eligibility for the health care services of the Indian Health Service until the Indian Health Service 

has submitted a budget request reflecting the increased costs associated with the proposed final rule, and such request has been inVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00249 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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cluded in an appropriations Act and enacted into law: Provided further, That with respect to functions transferred by the Indian 

Health Service to tribes or tribal organizations, the Indian Health 

Service is authorized to provide goods and services to those entities 

on a reimbursable basis, including payments in advance with subsequent adjustment, and the reimbursements received therefrom, 

along with the funds received from those entities pursuant to the Indian Self-Determination Act, may be credited to the same or subsequent appropriation account from which the funds were originally 

derived, with such amounts to remain available until expended: 

Provided further, That reimbursements for training, technical assistance, or services provided by the Indian Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services, or technical assistance: 

Provided further, That the appropriation structure for the Indian 

Health Service may not be altered without advance notification to 

the House and Senate Committees on Appropriations. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of 

the Superfund Amendments and Reauthorization Act of 1986, 

$79,054,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances and 

Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i) and 111(c)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as 

amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and section 3019 of 

the Solid Waste Disposal Act, as amended, $76,337,000, of which up 

to $1,000 per eligible employee of the Agency for Toxic Substances 

and Disease Registry shall remain available until expended for Individual Learning Accounts: Provided, That notwithstanding any 

other provision of law, in lieu of performing a health assessment 

under section 104(i)(6) of CERCLA, the Administrator of ATSDR 

may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited healthcare 

providers: Provided further, That in performing any such health assessment or health study, evaluation, or activity, the Administrator 

of ATSDR shall not be bound by the deadlines in section 

104(i)(6)(A) of CERCLA: Provided further, That none of the funds 

appropriated under this heading shall be available for ATSDR to 

issue in excess of 40 toxicological profiles pursuant to section 104(I) 

of CERCLA during fiscal year 2012, and existing profiles may be 

updated as necessary. 


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OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,153,000: Provided, That 

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed by 

the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties of the Council. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, as amended, including hire 

of passenger vehicles, uniforms or allowances therefor, as authorized 

by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 

5 U.S.C. 5376, $11,147,000: Provided, That the Chemical Safety 

and Hazard Investigation Board (Board) shall have not more than 

three career Senior Executive Service positions: Provided further, 

That notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental 

Protection Agency (EPA) shall, by virtue of such appointment, also 

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector 

General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions 

within the Board. 

OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Navajo and Hopi Indian 

Relocation as authorized by Public Law 93–531, $7,750,000, to remain available until expended: Provided, That funds provided in 

this or any other appropriations Act are to be used to relocate eligible individuals and groups including evictees from District 6, Hopipartitioned lands residents, those in significantly substandard housing, and all others certified as eligible and not included in the preceding categories: Provided further, That none of the funds contained in this or any other Act may be used by the Office of Navajo 

and Hopi Indian Relocation to evict any single Navajo or Navajo 

family who, as of November 30, 1985, was physically domiciled on 


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the lands partitioned to the Hopi Tribe unless a new or replacement 

home is provided for such household: Provided further, That no 

relocatee will be provided with more than one new or replacement 

home: Provided further, That the Office shall relocate any certified 

eligible relocatees who have selected and received an approved 

homesite on the Navajo reservation or selected a replacement residence off the Navajo reservation or on the land acquired pursuant 

to 25 U.S.C. 640d–10. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

For payment to the Institute of American Indian and Alaska 

Native Culture and Arts Development, as authorized by title XV of 

Public Law 99–498, as amended (20 U.S.C. 56 part A), $8,533,000. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For necessary expenses of the Smithsonian Institution, as authorized by law, including research in the fields of art, science, and 

history; development, preservation, and documentation of the National Collections; presentation of public exhibits and performances; 

collection, preparation, dissemination, and exchange of information 

and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, lease agreements of no more than 30 years, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning 

of uniforms for employees, $636,530,000, to remain available until 

September 30, 2013, except as otherwise provided herein; of which 

not to exceed $20,137,000 for the instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of 

African American History and Culture, and the repatriation of skeletal remains program shall remain available until expended; and 

including such funds as may be necessary to support American 

overseas research centers: Provided, That funds appropriated herein 

are available for advance payments to independent contractors performing research services or participating in official Smithsonian 

presentations. 

FACILITIES CAPITAL

For necessary expenses of repair, revitalization, and alteration 

of facilities owned or occupied by the Smithsonian Institution, by 

contract or otherwise, as authorized by section 2 of the Act of August 

22, 1949 (63 Stat. 623), and for construction, including necessary 

personnel, $175,000,000, to remain available until expended, of 

which not to exceed $10,000 is for services as authorized by 5 U.S.C. 

3109, and of which $75,000,000 shall be to complete design and 

begin construction of the National Museum of African American 

History and Culture: Provided, That during fiscal year 2012 and 

any succeeding fiscal year, a single procurement for construction of 

the National Museum of African American History and Culture, as 


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authorized under section 8 of the National Museum of African 

American History and Culture Act (20 U.S.C. 80r–6), may be issued 

that includes the full scope of the project: Provided further, That the 

solicitation and contract shall contain the clause ‘‘availability of 

funds’’ found at 48 CFR 52.232.18. 

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For the upkeep and operations of the National Gallery of Art, 

the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 

1937 (50 Stat. 51), as amended by the public resolution of April 13, 

1939 (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, 

museum, and art associations or societies whose publications or 

services are available to members only, or to members at a price 

lower than to the general public; purchase, repair, and cleaning of 

uniforms for guards, and uniforms, or allowances therefor, for other 

employees as authorized by law (5 U.S.C. 5901–5902); purchase or 

rental of devices and services for protecting buildings and contents 

thereof, and maintenance, alteration, improvement, and repair of 

buildings, approaches, and grounds; and purchase of services for 

restoration and repair of works of art for the National Gallery of 

Art by contracts made, without advertising, with individuals, firms, 

or organizations at such rates or prices and under such terms and 

conditions as the Gallery may deem proper, $114,066,000, of which 

not to exceed $3,481,000 for the special exhibition program shall remain available until expended. 

REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

For necessary expenses of repair, restoration and renovation of 

buildings, grounds and facilities owned or occupied by the National 

Gallery of Art, by contract or otherwise, for operating lease agreements of no more than 10 years, with no extensions or renewals beyond the 10 years, that address space needs created by the ongoing 

renovations in the Master Facilities Plan, as authorized, 

$14,516,000, to remain available until expended: Provided, That 

contracts awarded for environmental systems, protection systems, 

and exterior repair or renovation of buildings of the National Gallery of Art may be negotiated with selected contractors and awarded 

on the basis of contractor qualifications as well as price. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For necessary expenses for the operation, maintenance and security of the John F. Kennedy Center for the Performing Arts, 

$23,200,000. 

CAPITAL REPAIR AND RESTORATION

For necessary expenses for capital repair and restoration of the 

existing features of the building and site of the John F. Kennedy 


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Center for the Performing Arts, $13,650,000, to remain available 

until expended. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

For expenses necessary in carrying out the provisions of the 

Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 

hire of passenger vehicles and services as authorized by 5 U.S.C. 

3109, $11,005,000, to remain available until September 30, 2013. 

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation on 

the Arts and the Humanities Act of 1965, $146,255,000 shall be 

available to the National Endowment for the Arts for the support 

of projects and productions in the arts, including arts education 

and public outreach activities, through assistance to organizations 

and individuals pursuant to section 5 of the Act, for program support, and for administering the functions of the Act, to remain 

available until expended. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

For necessary expenses to carry out the National Foundation on 

the Arts and the Humanities Act of 1965, $146,255,000, to remain 

available until expended, of which $135,500,000 shall be available 

for support of activities in the humanities, pursuant to section 7(c) 

of the Act and for administering the functions of the Act; and 

$10,755,000 shall be available to carry out the matching grants program pursuant to section 10(a)(2) of the Act including $8,370,000 

for the purposes of section 7(h): Provided, That appropriations for 

carrying out section 10(a)(2) shall be available for obligation only 

in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the 

chairman or by grantees of the Endowment under the provisions of 

subsections 11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal years for which equal amounts have not previously 

been appropriated. 

ADMINISTRATIVE PROVISIONS

None of the funds appropriated to the National Foundation on 

the Arts and the Humanities may be used to process any grant or 

contract documents which do not include the text of 18 U.S.C. 1913: 

Provided, That none of the funds appropriated to the National 

Foundation on the Arts and the Humanities may be used for official 

reception and representation expenses: Provided further, That funds 

from nonappropriated sources may be used as necessary for official 

reception and representation expenses: Provided further, That the 

Chairperson of the National Endowment for the Arts may approve 


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grants of up to $10,000, if in the aggregate this amount does not 

exceed 5 percent of the sums appropriated for grantmaking purposes 

per year: Provided further, That such small grant actions are taken 

pursuant to the terms of an expressed and direct delegation of authority from the National Council on the Arts to the Chairperson. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

For expenses of the Commission of Fine Arts under Chapter 91 

of title 40, United States Code, $2,400,000: Provided, That the Commission is authorized to charge fees to cover the full costs of its publications, and such fees shall be credited to this account as an offsetting collection, to remain available until expended without further 

appropriation: Provided further, That the Commission is authorized 

to accept gifts, including objects, papers, artwork, drawings and artifacts, that pertain to the history and design of the Nation’s Capital 

or the history and activities of the Commission of Fine Arts, for the 

purpose of artistic display, study or education. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

For necessary expenses as authorized by Public Law 99–190 (20 

U.S.C. 956a), as amended, $2,000,000. 

ADMINISTRATIVE PROVISION

The item relating to ‘‘National Capital Arts and Cultural Affairs’’ in the Department of the Interior and Related Agencies Appropriations Act, 1986, as enacted into law by section 101(d) of Public Law 99–190 (99 Stat. 1261; 20 U.S.C. 956a) is amended— 

(1) by deleting the last sentence in the second paragraph 

and replacing it with the following: ‘‘Each eligible organization 

must have its principal place of business in the District of Columbia and in a facility or facilities located in the District of 

Columbia.’’; and 

(2) In the third paragraph, by deleting ‘‘in addition to those 

herein named’’ at the end of the sentence. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic 

Preservation (Public Law 89–665, as amended), $6,108,000. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the National Capital Planning Commission under chapter 87 of title 40, United States Code, including 

services as authorized by 5 U.S.C. 3109, $8,154,000: Provided, That 

one-quarter of 1 percent of the funds provided under this heading 

may be used for official reception and representational expenses associated with hosting international visitors engaged in the planning 

and physical development of world capitals. 


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UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

For expenses of the Holocaust Memorial Museum, as authorized 

by Public Law 106–292 (36 U.S.C. 2301–2310), $50,798,000, of 

which $515,000 shall remain available until September 30, 2014, 

for the Museum’s equipment replacement program; and of which 

$1,900,000 for the Museum’s repair and rehabilitation program and 

$1,264,000 for the Museum’s outreach initiatives program shall remain available until expended. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

For necessary expenses to carry out title I of the Omnibus Parks 

and Public Lands Management Act of 1996, $12,000,000 shall be 

available to the Presidio Trust, to remain available until expended. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses, including the costs of construction design, of the Dwight D. Eisenhower Memorial Commission, 

$2,000,000, to remain available until expended. 

CAPITAL CONSTRUCTION

For necessary expenses of the Dwight D. Eisenhower Memorial 

Commission for design and construction of a memorial in honor of 

Dwight D. Eisenhower, as authorized by Public Law 106–79, 

$30,990,000, to remain available until expended: Provided, That beginning in fiscal year 2012 and thereafter, any procurement for the 

construction of the permanent memorial to Dwight D. Eisenhower, 

as authorized by section 8162 of the Department of Defense Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106–79), as 

amended by section 8120 of the Department of Defense Appropriations Act, 2002 (Public Law 107–117), may be issued which includes 

the full scope of the project: Provided further, That the solicitation 

and contract with respect to the procurement shall contain the 

‘‘availability of funds’’ clause described in section 52.232.18 of title 

48, Code of Federal Regulations: Provided further, That the funds 

appropriated herein shall be deemed to satisfy the criteria for 

issuing a permit contained in 40 U.S.C. 8906(a)(4) and (b). 

TITLE IV 

GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS)

LIMITATION ON CONSULTING SERVICES

SEC. 401. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract, pursuant 

to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00256 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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spection, except where otherwise provided under existing law, or 

under existing Executive order issued pursuant to existing law. 

RESTRICTION ON USE OF FUNDS

SEC. 402. No part of any appropriation contained in this Act 

shall be available for any activity or the publication or distribution 

of literature that in any way tends to promote public support or opposition to any legislative proposal on which Congressional action 

is not complete other than to communicate to Members of Congress 

as described in 18 U.S.C. 1913. 

OBLIGATION OF APPROPRIATIONS

SEC. 403. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES

SEC. 404. None of the funds provided in this Act to any department or agency shall be obligated or expended to provide a personal 

cook, chauffeur, or other personal servants to any officer or employee 

of such department or agency except as otherwise provided by law. 

DISCLOSURE OF ADMINISTRATIVE EXPENSES

SEC. 405. Estimated overhead charges, deductions, reserves or 

holdbacks from programs, projects, activities and subactivities to 

support government-wide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations 

shall be presented in annual budget justifications and subject to approval by the Committees on Appropriations of the House of Representatives and the Senate. Changes to such estimates shall be presented to the Committees on Appropriations for approval. 

GIANT SEQUOIA

SEC. 406. None of the funds in this Act may be used to plan, 

prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National 

Forest System or Bureau of Land Management lands in a manner 

different than such sales were conducted in fiscal year 2011. 

MINING APPLICATIONS

SEC. 407. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall be 

obligated or expended to accept or process applications for a patent 

for any mining or mill site claim located under the general mining 

laws. 

(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary 

of the Interior determines that, for the claim concerned (1) a patent 

application was filed with the Secretary on or before September 30, 

1994; and (2) all requirements established under sections 2325 and 

2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 

claims, sections 2329, 2330, 2331, and 2333 of the Revised Statutes 

(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 of the 


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Revised Statutes (30 U.S.C. 42) for mill site claims, as the case may 

be, were fully complied with by the applicant by that date. 

(c) REPORT.—On September 30, 2013, the Secretary of the Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House and the 

Committee on Energy and Natural Resources of the Senate a report 

on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior and Related 

Agencies Appropriations Act, 1997 (Public Law 104–208). 

(d) MINERAL EXAMINATIONS.—In order to process patent applications in a timely and responsible manner, upon the request of a 

patent applicant, the Secretary of the Interior shall allow the applicant to fund a qualified third-party contractor to be selected by the 

Director of the Bureau of Land Management to conduct a mineral 

examination of the mining claims or mill sites contained in a patent 

application as set forth in subsection (b). The Bureau of Land Management shall have the sole responsibility to choose and pay the 

third-party contractor in accordance with the standard procedures 

employed by the Bureau of Land Management in the retention of 

third-party contractors. 

CONTRACT SUPPORT COSTS

SEC. 408. Notwithstanding any other provision of law, amounts 

appropriated to or otherwise designated in committee reports for the 

Bureau of Indian Affairs and the Indian Health Service by Public 

Laws 103–138, 103–332, 104–134, 104–208, 105–83, 105–277, 106– 

113, 106–291, 107–63, 108–7, 108–108, 108–447, 109–54, 109–289, 

division B and Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289, as amended by Public Laws 110–5 

and 110–28), Public Laws 110–92, 110–116, 110–137, 110–149, 110– 

161, 110–329, 111–6, 111–8, 111–88, and 112–10 for payments for 

contract support costs associated with self-determination or self-governance contracts, grants, compacts, or annual funding agreements 

with the Bureau of Indian Affairs or the Indian Health Service as 

funded by such Acts, are the total amounts available for fiscal years 

1994 through 2011 for such purposes, except that the Bureau of Indian Affairs, tribes and tribal organizations may use their tribal 

priority allocations for unmet contract support costs of ongoing contracts, grants, self-governance compacts, or annual funding agreements. 

FOREST MANAGEMENT PLANS

SEC. 409. The Secretary of Agriculture shall not be considered 

to be in violation of subparagraph 6(f)(5)(A) of the Forest and 

Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 

1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System. 

Nothing in this section exempts the Secretary from any other requirement of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That 

if the Secretary is not acting expeditiously and in good faith, within 

the funding available, to revise a plan for a unit of the National 

Forest System, this section shall be void with respect to such plan 


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and a court of proper jurisdiction may order completion of the plan 

on an accelerated basis. 

PROHIBITION WITHIN NATIONAL MONUMENTS

SEC. 410. No funds provided in this Act may be expended to 

conduct preleasing, leasing and related activities under either the 

Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National Monument established pursuant to the Act of 

June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary existed on 

January 20, 2001, except where such activities are allowed under 

the Presidential proclamation establishing such monument. 

AMENDMENTS TO THE TEMPORARY EMERGENCY WILDFIRE

SUPPRESSION ACT

SEC. 411. The Temporary Emergency Wildfire Suppression Act 

(42 U.S.C. 1856m et seq.) is amended— 

(1) in the first section (42 U.S.C. 1856m note)— 

(A) by striking ‘‘That this’’ and inserting the following: 

‘‘SECTION 1. SHORT TITLE. 

‘‘This’’; and 

(B) by striking ‘‘Temporary’’; 

(2) by striking section 2 (42 U.S.C. 1856m) and inserting 

the following: 

‘‘SEC. 2. DEFINITIONS. 

‘‘In this Act: 

‘‘(1) ASSUME ANY AND ALL LIABILITY.—The term ‘assume 

any and all liability’ means— 

‘‘(A) the payment of— 

‘‘(i) any judgment, settlement, fine, penalty, or cost 

assessment (including prevailing party legal fees) associated with the applicable litigation; and 

‘‘(ii) any cost incurred in handling the applicable 

litigation (including legal fees); and 

‘‘(B) with respect to a Federal firefighter, arranging for, 

and paying the costs of, representation in the applicable 

litigation. 

‘‘(2) FEDERAL FIREFIGHTER.—The term ‘Federal firefighter’ 

means an individual furnished by the Secretary of Agriculture 

or the Secretary of the Interior under an agreement entered into 

under section 3. 

‘‘(3) FOREIGN FIRE ORGANIZATION.—The term ‘foreign fire 

organization’ means any foreign governmental, public, or private entity that has wildfire protection resources. 

‘‘(4) FOREIGN FIREFIGHTER.—The term ‘foreign firefighter’ 

means an individual furnished by a foreign fire organization 

under an agreement entered into under section 3. 

‘‘(5) WILDFIRE.—The term ‘wildfire’ means any forest or 

range fire. 

‘‘(6) WILDFIRE PROTECTION RESOURCES.—The term ‘wildfire 

protection resources’ means any personnel, supplies, equipment, 

or other resources required for wildfire presuppression and suppression activities.’’; 

(3) in section 3 (42 U.S.C. 1856n)— 


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(A) in subsection (a)— 

(i) by striking ‘‘(a)(1) The Secretary of Agriculture’’ 

and inserting the following: 

‘‘(a) EXCHANGE OF WILDFIRE PROTECTION RESOURCES UNDER A

RECIPROCAL AGREEMENT WITH A FOREIGN FIRE ORGANIZATION.— ‘‘(1) AUTHORITY TO ENTER INTO A RECIPROCAL AGREE- MENT.—The Secretary of Agriculture’’; and 

(ii) in paragraph (2), by striking ‘‘(2) Any agreement’’ and inserting the following: 

‘‘(2) REQUIREMENTS FOR A RECIPROCAL AGREEMENT.—Any 

agreement’’; 

(B) in subsection (b)— 

(i) by striking ‘‘(b) In the absence’’ and inserting 

the following: 

‘‘(b) EXCHANGE OF WILDFIRE PROTECTION RESOURCES WITHOUT

A RECIPROCAL AGREEMENT.—In the absence’’; and 

(ii) in paragraph (1), by striking ‘‘United States, 

and’’ and inserting ‘‘United States; and’’; 

(C) in subsection (c), by striking ‘‘(c) Notwithstanding’’ 

and inserting the following: 

‘‘(c) REIMBURSEMENT UNDER AGREEMENTS WITH CANADA.— Notwithstanding’’; and 

(D) in subsection (d)— 

(i) by striking, ‘‘(d) Any service’’ and inserting the 

following: 

‘‘(d) SERVICE PERFORMED UNDER THIS ACT BY FEDERAL EM- PLOYEES.— 

‘‘(1) IN GENERAL.—Any service’’; and 

(ii) in the second sentence, by striking ‘‘The’’ and 

inserting the following: 

‘‘(2) EFFECT.—Except as provided in section 4, the’’; 

(4) by redesignating section 4 (42 U.S.C. 1856o) as section 

5; 

(5) by inserting after section 3 the following: 

‘‘SEC. 4. RECIPROCAL AGREEMENTS WITH LIABILITY COVERAGE. 

‘‘(a) PROTECTION FROM LIABILITY FOR FOREIGN FIREFIGHTERS

AND FOREIGN FIRE ORGANIZATIONS.—Subject to subsection (b), in 

an agreement with a foreign fire organization entered into under 

section 3, the Secretary of Agriculture and the Secretary of the Interior may provide that— 

‘‘(1) a foreign firefighter shall be considered to be an employee of the United States for purposes of tort liability while 

the foreign firefighter is acting within the scope of an official 

duty under the agreement; and 

‘‘(2) any claim against the foreign fire organization or any 

legal organization associated with the foreign firefighter that 

arises out of an act or omission of the foreign firefighter in the 

performance of an official duty under the agreement, or that 

arises out of any other act, omission, or occurrence for which 

the foreign fire organization or legal organization associated 

with the foreign firefighter is legally responsible under applicable law, may be prosecuted only— 

‘‘(A) against the United States; and 

‘‘(B) as if the act or omission were the act or omission 

of an employee of the United States. 


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‘‘(b) PROTECTION FROM LIABILITY FOR FEDERAL FIREFIGHTERS

AND THE FEDERAL GOVERNMENT.—The Secretary of Agriculture and 

the Secretary of the Interior may provide the protections under subsection (a) if the foreign fire organization agrees— 

‘‘(1) to assume any and all liability for any legal action 

brought against the Federal firefighter for an act or omission 

of the Federal firefighter while acting within the scope of an official duty under the agreement; and 

‘‘(2) to the extent the United States or any legal organization associated with the Federal firefighter is not entitled to immunity from the jurisdiction of the courts having jurisdiction 

over the foreign fire organization receiving the services of the 

Federal firefighters, to assume any and all liability for any 

legal action brought against the United States or the legal organization arising out of— 

‘‘(A) an act or omission of the Federal firefighter in the 

performance of an official duty under the agreement; or 

‘‘(B) any other act, omission, or occurrence for which 

the United States or the legal organization associated with 

the Federal firefighter is legally responsible under the laws 

applicable to the foreign fire organization.’’; and 

(6) in section 5 (as redesignated by paragraph (4))— 

(A) by striking ‘‘under section 3(c)’’ and inserting 

‘‘under this Act’’; and 

(B) in the proviso— 

(i) by striking ‘‘wildfire protection resources or personnel’’ each place it appears and inserting ‘‘wildfire 

protection resources (including personnel)’’; 

(ii) by inserting ‘‘for wildfire suppression activities’’ 

before ‘‘unless’’; and 

(iii) by striking ‘‘provide wildfire protection’’ and 

inserting ‘‘provide wildfire suppression’’. 

CONTRACTING AUTHORITIES

SEC. 412. In awarding a Federal contract with funds made 

available by this Act, notwithstanding Federal Government procurement and contracting laws, the Secretary of Agriculture and the 

Secretary of the Interior (the ‘‘Secretaries’’) may, in evaluating bids 

and proposals, through fiscal year 2013, give consideration to local 

contractors who are from, and who provide employment and training for, dislocated and displaced workers in an economically disadvantaged rural community, including those historically timberdependent areas that have been affected by reduced timber harvesting on Federal lands and other forest-dependent rural communities isolated from significant alternative employment opportunities: Provided, That notwithstanding Federal Government procurement and contracting laws the Secretaries may award contracts, 

grants or cooperative agreements to local non-profit entities, Youth 

Conservation Corps or related partnerships with State, local or nonprofit youth groups, or small or micro-business or disadvantaged 

business: Provided further, That the contract, grant, or cooperative 

agreement is for forest hazardous fuels reduction, watershed or 

water quality monitoring or restoration, wildlife or fish population 

monitoring, road decommissioning, trail maintenance or improvement, or habitat restoration or management: Provided further, That 


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the terms ‘‘rural community’’ and ‘‘economically disadvantaged’’ 

shall have the same meanings as in section 2374 of Public Law 

101–624 (16 U.S.C. 6612): Provided further, That the Secretaries 

shall develop guidance to implement this section: Provided further, 

That nothing in this section shall be construed as relieving the Secretaries of any duty under applicable procurement laws, except as 

provided in this section. 

LIMITATION ON TAKINGS

SEC. 413. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in lands 

may be expended for the filing of declarations of taking or complaints in condemnation without the approval of the House and 

Senate Committees on Appropriations: Provided, That this provision 

shall not apply to funds appropriated to implement the Everglades 

National Park Protection and Expansion Act of 1989, or to funds 

appropriated for Federal assistance to the State of Florida to acquire lands for Everglades restoration purposes. 

TIMBER SALE REQUIREMENTS

SEC. 414. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the timber is not sufficient to cover all logging and stumpage costs and provide a normal profit and risk allowance under the Forest Service’s 

appraisal process) when appraised using a residual value appraisal. 

The western red cedar timber from those sales which is surplus to 

the needs of the domestic processors in Alaska, shall be made available to domestic processors in the contiguous 48 United States at 

prevailing domestic prices. All additional western red cedar volume 

not sold to Alaska or contiguous 48 United States domestic processors may be exported to foreign markets at the election of the timber sale holder. All Alaska yellow cedar may be sold at prevailing 

export prices at the election of the timber sale holder. 

EXTENSION OF GRAZING PERMITS

SEC. 415. The terms and conditions of section 325 of Public 

Law 108–108 (117 Stat. 1307), regarding grazing permits at the Department of the Interior and the Forest Service, shall remain in effect for fiscal years 2012 and 2013. A grazing permit or lease issued 

by the Secretary of the Interior for lands administered by the Bureau of Land Management that is the subject of a request for a grazing preference transfer shall be issued, without further processing, 

for the remaining time period in the existing permit or lease using 

the same mandatory terms and conditions. If the authorized officer 

determines a change in the mandatory terms and conditions is required, the new permit must be processed as directed in section 325 

of Public Law 108–108. 

PROHIBITION ON NO-BID CONTRACTS

SEC. 416. None of the funds appropriated or otherwise made 

available by this Act to executive branch agencies may be used to 

enter into any Federal contract unless such contract is entered into 

in accordance with the requirements of Chapter 33 of title 41, 


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United States Code, or Chapter 137 of title 10, United States Code, 

and the Federal Acquisition Regulation, unless— 

(1) Federal law specifically authorizes a contract to be entered into without regard for these requirements, including formula grants for States, or federally recognized Indian tribes; or 

(2) such contract is authorized by the Indian Self-Determination and Education and Assistance Act (Public Law 93– 

638, 25 U.S.C. 450 et seq., as amended) or by any other Federal 

laws that specifically authorize a contract within an Indian 

tribe as defined in section 4(e) of that Act (25 U.S.C. 450b(e)); 

or 

(3) such contract was awarded prior to the date of enactment of this Act. 

POSTING OF REPORTS

SEC. 417. (a) Any agency receiving funds made available in this 

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

website of that agency any report required to be submitted by the 

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

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

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

(1) the public posting of the report compromises national 

security; or 

(2) the report contains proprietary information. 

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

after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 

NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES

SEC. 418. Of the funds provided to the National Endowment for 

the Arts— 

(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American 

Jazz Masters Fellowship. 

(2) The Chairperson shall establish procedures to ensure 

that no funding provided through a grant, except a grant made 

to a State or local arts agency, or regional group, may be used 

to make a grant to any other organization or individual to conduct activity independent of the direct grant recipient. Nothing 

in this subsection shall prohibit payments made in exchange for 

goods and services. 

(3) No grant shall be used for seasonal support to a group, 

unless the application is specific to the contents of the season, 

including identified programs and/or projects. 

NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES

SEC. 419. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the Chairperson of the National Endowment for the Arts shall ensure that 

priority is given to providing services or awarding financial assistance for projects, productions, workshops, or programs that serve 

underserved populations. 


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(b) In this section: 

(1) The term ‘‘underserved population’’ means a population 

of individuals, including urban minorities, who have historically been outside the purview of arts and humanities programs 

due to factors such as a high incidence of income below the poverty line or to geographic isolation. 

(2) The term ‘‘poverty line’’ means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community 

Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 

family of the size involved. 

(c) In providing services and awarding financial assistance 

under the National Foundation on the Arts and Humanities Act of 

1965 with funds appropriated by this Act, the Chairperson of the 

National Endowment for the Arts shall ensure that priority is given 

to providing services or awarding financial assistance for projects, 

productions, workshops, or programs that will encourage public 

knowledge, education, understanding, and appreciation of the arts. 

(d) With funds appropriated by this Act to carry out section 5 

of the National Foundation on the Arts and Humanities Act of 

1965— 

(1) the Chairperson shall establish a grant category for 

projects, productions, workshops, or programs that are of national impact or availability or are able to tour several States; 

(2) the Chairperson shall not make grants exceeding 15 percent, in the aggregate, of such funds to any single State, excluding grants made under the authority of paragraph (1); 

(3) the Chairperson shall report to the Congress annually 

and by State, on grants awarded by the Chairperson in each 

grant category under section 5 of such Act; and 

(4) the Chairperson shall encourage the use of grants to improve and support community-based music performance and 

education. 

USE OF COMPETITIVE GRANT FUNDS

SEC. 420. Section 6(d) of Public Law 96–297 (16 U.S.C. 431 

note), as added by section 101 of Public Law 108–126, is amended 

by inserting ‘‘, except funds awarded through competitive grants,’’ 

after ‘‘No Federal funds’’. 

FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT

SEC. 421. Section 503(f) of the Forest Service Realignment and 

Enhancement Act of 2005 (title V of Public Law 109–54; 16 U.S.C. 

580d note), as amended by section 422(1) of Public Law 111–8 (123 

Stat. 748), is further amended by striking ‘‘2011’’ and inserting 

‘‘2016’’. 

SERVICE FIRST

SEC. 422. Section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106–291; 114 

Stat. 996; 43 U.S.C. 1701 note), concerning Service First authorities, as amended by section 428 of Public Law 109–54 (119 Stat. 

555–556) and section 418 of Public Law 111–8 (123 Stat. 747), is 

amended— 


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(1) by striking in the first sentence ‘‘In fiscal years 2001 

through 2011’’, and inserting ‘‘In fiscal year 2012 and each fiscal year thereafter’’; and 

(2) by striking in the first sentence ‘‘pilot programs’’ and inserting ‘‘programs.’’ 

FEDERAL, STATE, COOPERATIVE FOREST, RANGE-LAND AND

WATERSHED RESTORATION IN UTAH

SEC. 423. The authority provided by section 337 of the Department of the Interior and Related Agencies Appropriations Act, 2005 

(Public Law 108–447; 118 Stat. 3012), as amended, shall remain in 

effect until September 30, 2013. 

STATUS OF BALANCES OF APPROPRIATIONS

SEC. 424. The Department of the Interior, the Environmental 

Protection Agency, the Forest Service, and the Indian Health Service 

shall provide the Committees on Appropriations of the House of 

Representatives and Senate quarterly reports on the status of balances of appropriations including all uncommitted, committed, and 

unobligated funds in each program and activity. 

REPORT ON USE OF CLIMATE CHANGE FUNDS

SEC. 425. Not later than 120 days after the date on which the 

President’s fiscal year 2013 budget request is submitted to Congress, 

the President shall submit a comprehensive report to the Committee 

on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate describing in detail all Federal agency funding, domestic and international, for climate change 

programs, projects and activities in fiscal year 2011, including an 

accounting of funding by agency with each agency identifying climate change programs, projects and activities and associated costs 

by line item as presented in the President’s Budget Appendix, and 

including citations and linkages where practicable to each strategic 

plan that is driving funding within each climate change program, 

project and activity listed in the report. 

PROHIBITION ON USE OF FUNDS

SEC. 426. Notwithstanding any other provision of law, none of 

the funds made available in this Act or any other Act may be used 

to promulgate or implement any regulation requiring the issuance 

of permits under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) 

for carbon dioxide, nitrous oxide, water vapor, or methane emissions 

resulting from biological processes associated with livestock production. 

GREENHOUSE GAS REPORTING RESTRICTIONS

SEC. 427. Notwithstanding any other provision of law, none of 

the funds made available in this or any other Act may be used to 

implement any provision in a rule, if that provision requires mandatory reporting of greenhouse gas emissions from manure management systems. 


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FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS

SEC. 428. Hereafter, upon issuance of final regulations, the Secretary of Agriculture, acting through the Chief of the Forest Service, 

shall apply section 105(a) of the Healthy Forests Restoration Act of 

2003 (16 U.S.C. 6515(a)), providing for a pre-decisional objection 

process, to proposed actions of the Forest Service concerning projects 

and activities implementing land and resource management plans 

developed under the Forest and Rangeland Renewable Resources 

Planning Act of 1974 (16 U.S.C. 1600 et seq.), and documented with 

a Record of Decision or Decision Notice, in lieu of subsections (c), 

(d), and (e) of section 322 of Public Law 102–381 (16 U.S.C. 1612 

note), providing for an administrative appeal process: Provided, 

That if the Chief of the Forest Service determines an emergency situation exists for which immediate implementation of a proposed action is necessary, the proposed action shall not be subject to the predecisional objection process, and implementation shall begin immediately after the Forest Service gives notice of the final decision for 

the proposed action: Provided further, That this section shall not 

apply to an authorized hazardous fuel reduction project under title 

I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et 

seq.). 

SILVICULTURAL ACTIVITIES

SEC. 429. From the date of enactment of this Act until September 30, 2012, the Administrator of the Environmental Protection 

Agency shall not require a permit under section 402 of the Federal 

Water Pollution Control Act (33 U.S.C. 1342), nor shall the Administrator directly or indirectly require any State to require a permit, 

for discharges of stormwater runoff from roads, the construction, 

use, or maintenance of which are associated with silvicultural activities, or from other silvicultural activities involving nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting 

operations, or surface drainage. 

CLAIM MAINTENANCE FEE AMENDMENTS

SEC. 430. Section 10101 of the Omnibus Budget Reconciliation 

Act of 1993 (30 U.S.C. 28f) is amended— 

(1) in subsection (a)— 

(A) by striking so much as precedes the second sentence 

and inserting the following: 

‘‘(a) CLAIM MAINTENANCE FEE.— ‘‘(1) LODE MINING CLAIMS, MILL SITES, AND TUNNEL

SITES.—The holder of each unpatented lode mining claim, mill 

site, or tunnel site, located pursuant to the mining laws of the 

United States on or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to 

the extent provided in advance in appropriations Acts, a claim 

maintenance fee of $100 per claim or site, respectively.’’; and 

(B) by adding at the end the following: 

‘‘(2) PLACER MINING CLAIMS.—The holder of each 

unpatented placer mining claim located pursuant to the mining 

laws of the United States located before, on, or after August 10, 

1993, shall pay to the Secretary of the Interior, on or before 


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September 1 of each year, the claim maintenance fee described 

in subsection (a), for each 20 acres of the placer claim or portion thereof.’’; and 

(2) in subsection (b), by striking the first sentence and inserting the following: ‘‘The claim main tenance fee under subsection (a) shall be paid for the year in which the location is 

made, at the time the location notice is recorded with the Bureau of Land Management.’’. 

DOMESTIC LIVESTOCK GRAZING

SEC. 431. (a) PROHIBITION REGARDING POTENTIAL DOMESTIC

SHEEP AND BIGHORN SHEEP CONTACT ON NATIONAL FOREST SYS- TEM LAND.—Notwithstanding any other provision of law or regulation (other than the Endangered Species Act of 1973 and regulations issued under such Act), none of the funds made available by 

this Act or made available by any other Act for fiscal year 2012 only 

may be used to carry out— 

(1) any new management restrictions on domestic sheep on 

parcels of National Forest System land (as defined in the Forest 

and Rangeland Renewable Resources Planning Act of 1974 (16 

U.S.C. 1609(a))) with potential domestic sheep and bighorn 

sheep (whether native or nonnative) contact in excess of the 

management restrictions that existed on July 1, 2011; or 

(2) any other agency regulation for managing bighorn sheep 

populations on any allotment of such National Forest System 

land if the management action will result in a reduction in the 

number of domestic livestock permitted to graze on the allotment or in the distribution of livestock on the allotment. 

(b) EXCEPTION.—Notwithstanding subsection (a), the Secretary 

of Agriculture may make such management changes as the Secretary determines to be necessary to manage bighorn sheep if the 

management changes— 

(1) are consistent with the wildlife plans of the relevant 

State fish and game agency and determined in consultation 

with that agency; and 

(2) are developed in consultation with the affected permittees. 

(c) BUREAU OF LAND MANAGEMENT LANDS.—In circumstances 

involving conflicts between bighorn sheep and domestic sheep grazing on public lands (as defined in section 103 of the Federal Land 

Policy and Management Act of 1976 (43 U.S.C. 1702)), the Bureau 

of Land Management may only modify or cancel domestic sheep 

grazing permits after consulting with the appropriate State fish and 

game agency. However, if the State in question has an approved 

State Wildlife Management Plan that addresses, with specificity, 

bighorn sheep management, then the Bureau of Land Management 

modification or cancellation of permits in that State shall conform 

to the bighorn sheep management objectives in the State Wildlife 

Management Plan, unless conformance would be inconsistent with 

Federal statute or regulation. The Bureau of Land Management 

shall be bound by the requirements of this subsection until September 30, 2012. 

(d) VOLUNTARY CLOSURE OF ALLOTMENTS.—Nothing in this section shall be construed as limiting the voluntary closure of existing 

domestic sheep allotments when the closure is agreed to in writing 


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between the permittee and the Secretary of the Interior or the Secretary of Agriculture and is carried out for the purpose of reducing 

conflicts between domestic sheep and bighorn sheep. 

(e) WAIVER OF GRAZING PERMITS AND LEASES.—The Secretary 

of the Interior and the Secretary of Agriculture may accept the voluntary waiver of any valid existing lease or permit authorizing 

grazing on National Forest System land described in subsection (a) 

or public lands described in subsection (c). If the grazing permit or 

lease for a grazing allotment is only partially within the area of potential domestic sheep and bighorn sheep contact, the affected permittee may elect to waive only the portion of the grazing permit or 

lease that is within that area. The Secretary concerned shall— 

(1) terminate each permit or lease waived or portion of a 

permit or lease waived under this subsection; 

(2) ensure a permanent end to domestic sheep grazing on 

the land covered by the waived permit or lease or waived portion of the permit or lease unless or until there is no conflict 

with bighorn sheep management; and 

(3) provide for the reimbursement of range improvements in 

compliance with section 4 of the Act of June 28, 1934 (commonly known as the Taylor Grazing Act; 43 U.S.C. 315c). 

AIR EMISSIONS FROM OUTER CONTINENTAL SHELF ACTIVITIES

SEC. 432. (a) It is the purpose of this section to ensure that the 

energy policy of the United States focuses on the expeditious and orderly development of domestic energy resources in a manner that 

protects human health and the environment. 

(b) Section 328(a)(1) of the Clean Air Act (42 U.S.C. 7627(a)(1)) 

is amended— 

(1) in the first sentence, by inserting ‘‘(other than Outer 

Continental Shelf sources located offshore of the North Slope 

Borough of the State of Alaska)’’ after ‘‘Outer Continental Shelf 

sources located offshore of the States along the Pacific, Arctic 

and Atlantic Coasts’’; and 

(2) in the fourth sentence, by inserting ‘‘and this Act’’ after 

‘‘regulations’’. 

(c) Section 328(b) of the Clean Air Act (42 U.S.C. 7627(b)) is 

amended in the first sentence— 

(1) by striking ‘‘Gulf Coast’’; and 

(2) by inserting ‘‘or are adjacent to the North Slope Borough of the State of Alaska’’ after ‘‘Alabama’’. 

(d) The transfer of air quality permitting authority pursuant to 

this section shall not invalidate or stay— 

(1) any air quality permit pending or existing as of the date 

of the enactment of this Act; or 

(2) any proceeding related thereto. 

(e)(1) The Comptroller General of the United States shall undertake a study on the process for air quality permitting in the Outer 

Continental Shelf. 

(2) The study shall consist of a comparison of air quality permitting for Outer Continental Shelf sources (as such term is defined 

in section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4)) by 

the Department of the Interior with such permitting by the Environmental Protection Agency, taking into account the time elapsed beVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00268 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tween application and permit approval, the number of applications, 

and the experiences and assessments of the applicants. 

(3) In carrying out the study, the Comptroller General shall 

consult with the Administrator of the Environmental Protection 

Agency, the Secretary of the Interior, and applicants for air quality 

permits. 

(4) The Comptroller General shall complete the study and submit a report on the results of the study to the Congress not later 

than September 30, 2014. 

FUNDING PROHIBITION

SEC. 433. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to, any corporation that was convicted (or had an 

officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law 

within the preceding 24 months, where the awarding agency is 

aware of the conviction, unless the agency has considered suspension or debarment of the corporation, or such officer or agent and 

made a determination that this further action is not necessary to 

protect the interests of the Government. 

LIMITATION WITH RESPECT TO DELINQUENT TAX DEBTS

SEC. 434. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or 

loan guarantee to, any corporation with respect to which any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have 

lapsed, and that is not being paid in a timely manner pursuant to 

an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment 

of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. 

ALASKA NATIVE REGIONAL HEALTH ENTITIES

SEC. 435. (a) Notwithstanding any other provision of law and 

until October 1, 2013, the Indian Health Service may not disburse 

funds for the provision of health care services pursuant to Public 

Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village or 

Alaska Native village corporation that is located within the area 

served by an Alaska Native regional health entity. 

(b) Nothing in this section shall be construed to prohibit the 

disbursal of funds to any Alaska Native village or Alaska Native 

village corporation under any contract or compact entered into prior 

to May 1, 2006, or to prohibit the renewal of any such agreement. 

(c) For the purpose of this section, Eastern Aleutian Tribes, Inc., 

the Council of Athabascan Tribal Governments, and the Native Village of Eyak shall be treated as Alaska Native regional health entities to which funds may be disbursed under this section. 


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GENERAL REDUCTION

SEC. 436. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby rescinded an amount equal to 0.16 percent of the budget authority provided for fiscal year 2012 for any discretionary appropriation 

in titles I through IV of this Act. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately— 

(1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities as 

delineated in the appropriation Act or accompanying reports for 

the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President’s budget). 

(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the 

heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim 

Settlements and Miscellaneous Payments to Indians’’, the acrossthe-board rescission in this section, and any subsequent across-theboard rescission for fiscal year 2012, shall apply only to the first 

dollar amount in the paragraph and the distribution of the rescission shall be at the discretion of the Secretary of the Interior who 

shall submit a report on such distribution and the rationale therefore to the House and Senate Committees on Appropriations. 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management and 

Budget shall submit to the Committees on Appropriations of the 

House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section. 

This division may be cited as the ‘‘Department of the Interior, 

Environment, and Related Agencies Appropriations Act, 2012’’. 

DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Workforce Investment Act of 1998 

(referred to in this Act as ‘‘WIA’’), the Second Chance Act of 2007, 

and the Women in Apprenticeship and Non-Traditional Occupations 

Act of 1992 (‘‘WANTO’’), including the purchase and hire of passenger motor vehicles, the construction, alteration, and repair of 

buildings and other facilities, and the purchase of real property for 

training centers as authorized by the WIA, $3,195,383,000, plus reimbursements, shall be available. Of the amounts provided: 


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(1) for grants to States for adult employment and training 

activities, youth activities, and dislocated worker employment 

and training activities, $2,605,268,000 as follows: (A) $770,922,000 for adult employment and training activities, of which $58,922,000 shall be available for the 

period July 1, 2012, through June 30, 2013, and of which 

$712,000,000 shall be available for the period October 1, 

2012 through June 30, 2013; (B) $825,914,000 for youth activities, which shall be 

available for the period April 1, 2012 through June 30, 

2013; and 

(C) $1,008,432,000 for dislocated worker employment and training activities, of which $148,432,000 shall be 

available for the period July 1, 2012 through June 30, 

2013, and of which $860,000,000 shall be available for the 

period October 1, 2012 through June 30, 2013: 

Provided, That notwithstanding the transfer limitation under 

section 133(b)(4) of the WIA, up to 30 percent of such funds may 

be transferred by a local board if approved by the Governor: 

Provided further, That a local board may award a contract to 

an institution of higher education or other eligible training provider if the local board determines that it would facilitate the 

training of multiple individuals in high-demand occupations, if 

such contract does not limit customer choice: Provided further, 

That notwithstanding section 128(a)(1) of the WIA, the amount 

available to the Governor for statewide workforce investment activities shall not exceed 5 percent of the amount allotted to the 

State from each of the appropriations under the preceding subparagraphs; 

(2) for federally administered programs, $487,053,000 as 

follows: 

(A) $224,112,000 for the dislocated workers assistance national reserve, of which $24,112,000 shall be available 

for the period July 1, 2012 through June 30, 2013, and of 

which $200,000,000 shall be available for the period October 1, 2012 through June 30, 2013: Provided, That funds 

provided to carry out section 132(a)(2)(A) of the WIA may 

be used to provide assistance to a State for statewide or 

local use in order to address cases where there have been 

worker dislocations across multiple sectors or across multiple local areas and such workers remain dislocated; coordinate the State workforce development plan with emerging economic development needs; and train such eligible 

dislocated workers: Provided further, That funds provided 

to carry out section 171(d) of the WIA may be used for demonstration projects that provide assistance to new entrants 

in the workforce and incumbent workers: Provided further, 

That none of the funds shall be obligated to carry out section 173(e) of the WIA; 

(B) $47,652,000 for Native American programs, which 

shall be available for the period July 1, 2012 through June 

30, 2013; 

(C) $84,451,000 for migrant and seasonal farmworker 

programs under section 167 of the WIA, including 

$78,253,000 for formula grants (of which not less than 70 


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percent shall be for employment and training services), 

$5,689,000 for migrant and seasonal housing (of which not 

less than 70 percent shall be for permanent housing), and 

$509,000 for other discretionary purposes, which shall be 

available for the period July 1, 2012 through June 30, 

2013: Provided, That notwithstanding any other provision 

of law or related regulation, the Department of Labor shall 

take no action limiting the number or proportion of eligible 

participants receiving related assistance services or discouraging grantees from providing such services; (D) $998,000 for carrying out the WANTO, which shall 

be available for the period July 1, 2012 through June 30, 

2013; and 

(E) $79,840,000 for YouthBuild activities as described 

in section 173A of the WIA, which shall be available for the 

period April 1, 2012 through June 30, 2013; and (F) $50,000,000 to be available to the Secretary of 

Labor (referred to in this title as ‘‘Secretary’’) for the Workforce Innovation Fund to carry out projects that demonstrate innovative strategies or replicate effective evidencebased strategies that align and strengthen the workforce investment system in order to improve program delivery and 

education and employment outcomes for beneficiaries, 

which shall be for the period July 1, 2012 through September 30, 2013: Provided, That amounts shall be available for awards to States or State agencies that are eligible 

for assistance under any program authorized under the 

WIA, consortia of States, or partnerships, including regional partnerships: Provided further, That not more than 

5 percent of the funds available for workforce innovation 

activities shall be for technical assistance and evaluations 

related to the projects carried out with these funds; 

(3) for national activities, $103,062,000, as follows: (A) $6,616,000, in addition to any amounts available 

under paragraph (2), for Pilots, Demonstrations, and Research, which shall be available for the period April 1, 

2012 through June 30, 2013: Provided, That funds made 

available by Public Law 112–10 that were designated for 

grants to address the employment and training needs of 

young parents may be used for other pilots, demonstrations, 

and research activities and for implementation activities related to the VOW to Hire Heroes Act of 2011 and may be 

transferred to ‘‘State Unemployment Insurance and Employment Service Operations’’ to carry out such implementation activities; 

(B) $80,390,000 for ex-offender activities, under the authority of section 171 of the WIA and section 212 of the Second Chance Act of 2007, which shall be available for the 

period April 1, 2012 through June 30, 2013, notwithstanding the requirements of section 171(b)(2)(B) or 

171(c)(4)(D) of the WIA: Provided, That of this amount, 

$20,000,000 shall be for competitive grants to national and 

regional intermediaries for activities that prepare young exoffenders and school dropouts for employment, with a priority for projects serving high-crime, high-poverty areas; 


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(C) $9,581,000 for Evaluation, which shall be available 

for the period July 1, 2012 through June 30, 2013; and 

(D) $6,475,000 for the Workforce Data Quality Initiative, under the authority of section 171(c)(2) of the WIA, 

which shall be available for the period July 1, 2012 

through June 30, 2013, and which shall not be subject to 

the requirements of section 171(c)(4)(D). 

OFFICE OF JOB CORPS

To carry out subtitle C of title I of the WIA, including Federal 

administrative expenses, the purchase and hire of passenger motor 

vehicles, the construction, alteration, and repairs of buildings and 

other facilities, and the purchase of real property for training centers as authorized by the WIA, $1,706,171,000, plus reimbursements, as follows: 

(1) $1,572,049,000 for Job Corps Operations, which shall 

be available for the period July 1, 2012 through June 30, 2013; 

(2) $104,990,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the period July 1, 2012 through June 30, 2015: Provided, That the 

Secretary may transfer up to 15 percent of such funds to meet 

the operational needs of such centers or to achieve administrative efficiencies: Provided further, That any funds transferred 

pursuant to the preceding proviso shall not be available for obligation after June 30, 2013; and 

(3) $29,132,000 for necessary expenses of the Office of Job 

Corps, which shall be available for obligation for the period October 1, 2011 through September 30, 2012: 

Provided further, That no funds from any other appropriation shall 

be used to provide meal services at or for Job Corps centers. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

To carry out title V of the Older Americans Act of 1965 (referred 

to in this Act as ‘‘OAA’’), $449,100,000, which shall be available for 

the period July 1, 2012 through June 30, 2013, and may be recaptured and reobligated in accordance with section 517(c) of the OAA. 

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during fiscal year 2012 of trade adjustment benefit payments and allowances under part I of subchapter B of chapter 2 of title II of the Trade Act of 1974, and section 246 of that 

Act; and for training, employment and case management services, 

allowances for job search and relocation, and related State administrative expenses under part II of subchapter B of chapter 2 of title 

II of the Trade Act of 1974, including benefit payments, allowances, 

training, employment and case management services, and related 

State administration provided pursuant to section 231(a) of the 

Trade Adjustment Assistance Extension Act of 2011, $1,100,100,000, 

together with such amounts as may be necessary to be charged to 

the subsequent appropriation for payments for any period subsequent to September 15, 2012. 


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STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $86,231,000, together 

with not to exceed $3,958,441,000 which may be expended from the 

Employment Security Administration Account in the Unemployment 

Trust Fund (‘‘the Trust Fund’’), of which: 

(1) $3,181,154,000 from the Trust Fund is for grants to 

States for the administration of State unemployment insurance 

laws as authorized under title III of the Social Security Act (including not less than $10,000,000 to conduct in-person reemployment and eligibility assessments and unemployment insurance improper payment reviews), the administration of unemployment insurance for Federal employees and for ex-service 

members as authorized under 5 U.S.C. 8501–8523, and the administration of trade readjustment allowances, reemployment 

trade adjustment assistance, and alternative trade adjustment 

assistance under the Trade Act of 1974 and under section 

231(a) of the Trade Adjustment Assistance Extension Act of 

2011, and shall be available for obligation by the States 

through December 31, 2012, except that funds used for automation acquisitions or competitive grants awarded to States for 

improved operations, or reemployment and eligibility assessments and improper payments shall be available for obligation 

by the States through September 30, 2014, and funds used for 

unemployment insurance workloads experienced by the States 

through September 30, 2012 shall be available for Federal obligation through December 31, 2012; 

(2) $11,287,000 from the Trust Fund is for national activities necessary to support the administration of the Federal-State 

unemployment insurance system; 

(3) $679,531,000 from the Trust Fund, together with 

$22,638,000 from the General Fund of the Treasury, is for 

grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for the 

period July 1, 2012 through June 30, 2013; 

(4) $20,952,000 from the Trust Fund is for national activities of the Employment Service, including administration of the 

work opportunity tax credit under section 51 of the Internal 

Revenue Code of 1986, and the provision of technical assistance 

and staff training under the Wagner-Peyser Act, including not 

to exceed $1,228,000 that may be used for amortization payments to States which had independent retirement plans in 

their State employment service agencies prior to 1980; 

(5) $65,517,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under 

the Immigration and Nationality Act and related laws, of 

which $50,418,000 shall be available for the Federal administration of such activities, and $15,099,000 shall be available for 

grants to States for the administration of such activities; and 

(6) $63,593,000 from the General Fund is to provide workforce information, national electronic tools, and one-stop system 

building under the Wagner-Peyser Act and section 171 (e)(2)(C) 

of the WIA and shall be available for Federal obligation for the 

period July 1, 2012 through June 30, 2013: 


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Provided, That to the extent that the Average Weekly Insured Unemployment (‘‘AWIU’’) for fiscal year 2012 is projected by the Department of Labor to exceed 4,832,000, an additional $28,600,000 from 

the Trust Fund shall be available for obligation for every 100,000 

increase in the AWIU level (including a pro rata amount for any increment less than 100,000) to carry out title III of the Social Security Act: Provided further, That funds appropriated in this Act that 

are allotted to a State to carry out activities under title III of the 

Social Security Act may be used by such State to assist other States 

in carrying out activities under such title III if the other States include areas that have suffered a major disaster declared by the 

President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act: Provided further, That the Secretary may use 

funds appropriated for grants to States under title III of the Social 

Security Act to make payments on behalf of States for the use of the 

National Directory of New Hires under section 453(j)(8) of such Act: 

Provided further, That funds appropriated in this Act which are 

used to establish a national one-stop career center system, or which 

are used to support the national activities of the Federal-State unemployment insurance or immigration programs, may be obligated 

in contracts, grants, or agreements with non-State entities: Provided 

further, That funds appropriated under this Act for activities authorized under title III of the Social Security Act and the WagnerPeyser Act may be used by States to fund integrated Unemployment 

Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed under the Office of 

Management and Budget Circular A–87: Provided further, That the 

Secretary, at the request of a State participating in a consortium 

with other States, may reallot funds allotted to such State under 

title III of the Social Security Act to other States participating in 

the consortium in order to carry out activities that benefit the administration of the unemployment compensation law of the State 

making the request. 

In addition, $50,000,000 from the Employment Security Administration Account of the Unemployment Trust Fund shall be available to conduct in-person reemployment and eligibility assessments 

and unemployment insurance improper payment reviews. 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as 

authorized by sections 905(d) and 1203 of the Social Security Act, 

and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1986; and for nonrepayable advances to the Unemployment Trust Fund as authorized 

by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment Benefits and 

Allowances’’ account, such sums as may be necessary, which shall 

be available for obligation through September 30, 2013. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training programs, $97,320,000, together with not to exceed $50,040,000 which 

may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. 


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EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security Administration, $183,500,000. 

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is 

authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement 

Income Security Act of 1974, within limits of funds and borrowing 

authority available to the Corporation, and in accord with law, and 

to make such contracts and commitments without regard to fiscal 

year limitations, as provided by 31 U.S.C. 9104, as may be necessary in carrying out the program, including associated administrative expenses, through September 30, 2012, for the Corporation: 

Provided, That none of the funds available to the Corporation for 

fiscal year 2012 shall be available for obligations for administrative 

expenses in excess of $476,901,000: Provided further, That to the extent that the number of new plan participants in plans terminated 

by the Corporation exceeds 100,000 in fiscal year 2012, an amount 

not to exceed an additional $9,200,000 shall be available through 

September 30, 2013, for obligation for administrative expenses for 

every 20,000 additional terminated participants: Provided further, 

That an additional $50,000 shall be made available through September 30, 2013, for obligation for investment management fees for 

every $25,000,000 in assets received by the Corporation as a result 

of new plan terminations or asset growth, after approval by the Office of Management and Budget and notification of the Committees 

on Appropriations of the House of Representatives and the Senate: 

Provided further, That obligations in excess of the amounts provided in this paragraph may be incurred for unforeseen and extraordinary pretermination expenses or extraordinary multiemployer 

program related expenses after approval by the Office of Management and Budget and notification of the Committees on Appropriations of the House of Representatives and the Senate. 

WAGE AND HOUR DIVISION

SALARIES AND EXPENSES

For necessary expenses for the Wage and Hour Division, including reimbursement to State, Federal, and local agencies and their 

employees for inspection services rendered, $227,491,000. 

OFFICE OF LABOR MANAGEMENT STANDARDS

SALARIES AND EXPENSES

For necessary expenses for the Office of Labor Management 

Standards, $41,367,000. 


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OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract Compliance Programs, $105,386,000. 

OFFICE OF WORKERS’ COMPENSATION PROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Workers’ Compensation 

Programs, $115,939,000, together with $2,124,000 which may be expended from the Special Fund in accordance with sections 39(c), 

44(d), and 44(j) of the Longshore and Harbor Worker’s Compensation Act. 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses (except 

administrative expenses) accruing during the current or any prior 

fiscal year authorized by 5 U.S.C. 81; continuation of benefits as 

provided for under the heading ‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; sections 4(c) and 

5(f) of the War Claims Act of 1948; and 50 percent of the additional 

compensation and benefits required by section 10(h) of the 

Longshore and Harbor Workers’ Compensation Act, $350,000,000, 

together with such amounts as may be necessary to be charged to 

the subsequent year appropriation for the payment of compensation 

and other benefits for any period subsequent to August 15 of the 

current year: Provided, That amounts appropriated may be used 

under 5 U.S.C. 8104 by the Secretary to reimburse an employer, 

who is not the employer at the time of injury, for portions of the salary of a re-employed, disabled beneficiary: Provided further, That 

balances of reimbursements unobligated on September 30, 2011, 

shall remain available until expended for the payment of compensation, benefits, and expenses: Provided further, That in addition 

there shall be transferred to this appropriation from the Postal 

Service and from any other corporation or instrumentality required 

under 5 U.S.C. 8147(c) to pay an amount for its fair share of the 

cost of administration, such sums as the Secretary determines to be 

the cost of administration for employees of such fair share entities 

through September 30, 2012: Provided further, That of those funds 

transferred to this account from the fair share entities to pay the 

cost of administration of the Federal Employees’ Compensation Act, 

$59,488,000 shall be made available to the Secretary as follows: 

(1) For enhancement and maintenance of automated data 

processing systems and telecommunications systems, 

$17,253,000; 

(2) For automated workload processing operations, including document imaging, centralized mail intake, and medical 

bill processing, $26,769,000; 

(3) For periodic roll management and medical review, 

$15,466,000; and 


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(4) The remaining funds shall be paid into the Treasury as 

miscellaneous receipts: 

Provided further, That the Secretary may require that any person 

filing a notice of injury or a claim for benefits under 5 U.S.C. 81, 

or the Longshore and Harbor Workers’ Compensation Act, provide 

as part of such notice and claim, such identifying information (including Social Security account number) as such regulations may 

prescribe. 

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health Act of 1977, as amended by Public Law 107–275, $141,227,000, to 

remain available until expended. 

For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of such Act, for costs incurred 

in the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter of fiscal year 2013, $40,000,000, to remain available until expended. 

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

For necessary expenses to administer the Energy Employees Oc- cupational Illness Compensation Program Act, $52,147,000, to remain available until expended: Provided, That the Secretary may 

require that any person filing a claim for benefits under the Act provide as part of such claim such identifying information (including 

Social Security account number) as may be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Such sums as may be necessary from the Black Lung Disability 

Trust Fund (‘‘Fund’’), to remain available until expended, for payment of all benefits authorized by section 9501(d)(1), (2), (6), and (7) 

of the Internal Revenue Code of 1986; and repayment of, and payment of interest on advances, as authorized by section 9501(d)(4) of 

that Act. In addition, the following amounts may be expended from 

the Fund for fiscal year 2012 for expenses of operation and administration of the Black Lung Benefits program, as authorized by section 9501(d)(5): not to exceed $32,906,000 for transfer to the Office 

of Workers’ Compensation Programs, ‘‘Salaries and Expenses’’; not 

to exceed $25,217,000 for transfer to Departmental Management, 

‘‘Salaries and Expenses’’; not to exceed $327,000 for transfer to Departmental Management, ‘‘Office of Inspector General’’; and not to 

exceed $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health 

Administration, $565,857,000, including not to exceed $104,393,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act 


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(‘‘Act’’), which grants shall be no less than 50 percent of the costs 

of State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of 

the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to 

$200,000 per fiscal year of training institute course tuition fees, otherwise authorized by law to be collected, and may utilize such sums 

for occupational safety and health training and education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30, 2012, to collect and retain fees for services provided to Nationally Recognized 

Testing Laboratories, and may utilize such sums, in accordance 

with the provisions of 29 U.S.C. 9a, to administer national and 

international laboratory recognition programs that ensure the safety 

of equipment and products used by workers in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to prescribe, issue, administer, 

or enforce any standard, rule, regulation, or order under the Act 

which is applicable to any person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under 

the Act with respect to any employer of 10 or fewer employees who 

is included within a category having a Days Away, Restricted, or 

Transferred (DART) occupational injury and illness rate, at the 

most precise industrial classification code for which such data are 

published, less than the national average rate as such rates are 

most recently published by the Secretary, acting through the Bureau 

of Labor Statistics, in accordance with section 24 of the Act, except— 

(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; 

(2) to conduct an inspection or investigation in response to 

an employee complaint, to issue a citation for violations found 

during such inspection, and to assess a penalty for violations 

which are not corrected within a reasonable abatement period 

and for any willful violations found; 

(3) to take any action authorized by the Act with respect to 

imminent dangers; 

(4) to take any action authorized by the Act with respect to 

health hazards; 

(5) to take any action authorized by the Act with respect to 

a report of an employment accident which is fatal to one or 

more employees or which results in hospitalization of two or 

more employees, and to take any action pursuant to such investigation authorized by the Act; and 

(6) to take any action authorized by the Act with respect to 

complaints of discrimination against employees for exercising 

rights under the Act: 

Provided further, That the foregoing proviso shall not apply to any 

person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: 


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Provided further, That $10,729,000 shall be available for Susan 

Harwood training grants. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Mine Safety and Health Administration, $374,000,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid 

work, and the hire of passenger motor vehicles, including up to 

$2,000,000 for mine rescue and recovery activities; in addition, not 

to exceed $750,000 may be collected by the National Mine Health 

and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law to be collected, to be 

available for mine safety and health education and training activities, notwithstanding 31 U.S.C. 3302; and, in addition, the Mine 

Safety and Health Administration may retain up to $1,499,000 from 

fees collected for the approval and certification of equipment, materials, and explosives for use in mines, and may utilize such sums 

for such activities; and, in addition, the Secretary may transfer 

from amounts provided under this heading up to $3,000,000 to ‘‘Departmental Management’’ for activities related to the Office of the 

Solicitor’s caseload before the Federal Mine Safety and Health Review Commission; the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private 

sources and to prosecute projects in cooperation with other agencies, 

Federal, State, or private; the Mine Safety and Health Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with 

States, industry, and safety associations; the Secretary is authorized 

to recognize the Joseph A. Holmes Safety Association as a principal 

safety association and, notwithstanding any other provision of law, 

may provide funds and, with or without reimbursement, personnel, 

including service of Mine Safety and Health Administration officials as officers in local chapters or in the national organization; 

and any funds available to the Department of Labor may be used, 

with the approval of the Secretary, to provide for the costs of mine 

rescue and survival operations in the event of a major disaster. 

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local 

agencies and their employees for services rendered, $542,921,000, together with not to exceed $67,303,000 which may be expended from 

the Employment Security Administration Account in the Unemployment Trust Fund, of which $1,500,000 may be used to fund the 

mass layoff statistics program under section 15 of the WagnerPeyser Act. 


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OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to the 

training and employment of people with disabilities, $38,953,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for Departmental Management, including the hire of three passenger motor vehicles, $346,683,000, together with not to exceed $326,000, which may be expended from the 

Employment Security Administration Account in the Unemployment 

Trust Fund: Provided, That $66,500,000 for the Bureau of International Labor Affairs shall be available for obligation through December 31, 2012: Provided further, That funds available to the Bureau of International Labor Affairs may be used to administer or 

operate international labor activities, bilateral and multilateral 

technical assistance, and microfinance programs, by or through contracts, grants, subgrants and other arrangements: Provided further, 

That $40,000,000 shall be for programs to combat exploitative child 

labor internationally: Provided further, That not less than 

$6,500,000 shall be used to implement model programs that address 

worker rights issues through technical assistance in countries with 

which the United States has free trade agreements or trade preference programs: Provided further, That $8,500,000 shall be used 

for program evaluation and shall be available for obligation 

through September 30, 2013: Provided further, That funds available 

for program evaluation may be transferred to any other appropriate 

account in the Department for such purpose: Provided further, That 

the funds available to the Women’s Bureau may be used for grants 

to serve and promote the interests of women in the workforce. 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $212,060,000 may be derived from the Employment Security Administration Account in the Unemployment Trust 

Fund to carry out the provisions of 38 U.S.C. 4100–4113, 4211– 

4215, and 4321–4327, and Public Law 103–353, and which shall be 

available for obligation by the States through December 31, 2012, 

of which $2,444,000 is for the National Veterans’ Employment and 

Training Services Institute. 

In addition, to carry out Department of Labor programs under 

section 5(a)(1) of the Homeless Veterans Comprehensive Assistance 

Act of 2001 and the Veterans Workforce Investment Programs under 

section 168 of the WIA, $52,879,000, of which $14,622,000 shall be 

available for obligation for the period July 1, 2012 through June 

30, 2013. 


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IT MODERNIZATION

For necessary expenses for Department of Labor centralized infrastructure technology investment activities related to support systems and modernization, $19,852,000. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$77,937,000, together with not to exceed $5,909,000 which may be 

expended from the Employment Security Administration Account in 

the Unemployment Trust Fund. 

GENERAL PROVISIONS

SEC. 101. None of the funds appropriated by this Act for the 

Job Corps shall be used to pay the salary and bonuses of an individual, either as direct costs or any proration as an indirect cost, 

at a rate in excess of Executive Level II. 

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year for 

the Department of Labor in this Act may be transferred between a 

program, project, or activity, but no such program, project, or activity shall be increased by more than 3 percent by any such transfer: 

Provided, That the transfer authority granted by this section shall 

be available only to meet emergency needs and shall not be used to 

create any new program or to fund any project or activity for which 

no funds are provided in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the 

Senate are notified at least 15 days in advance of any transfer. 

SEC. 103. In accordance with Executive Order No. 13126, none 

of the funds appropriated or otherwise made available pursuant to 

this Act shall be obligated or expended for the procurement of goods 

mined, produced, manufactured, or harvested or services rendered, 

in whole or in part, by forced or indentured child labor in industries and host countries already identified by the United States Department of Labor prior to enactment of this Act. 

SEC. 104. None of the funds made available to the Department 

of Labor for grants under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 may be used for 

any purpose other than competitive grants for training in the occupations and industries for which employers are using H–1B visas 

to hire foreign workers, and the related activities necessary to support such training. 

SEC. 105. None of the funds made available by this Act under 

the heading ‘‘Employment and Training Administration’’ shall be 

used by a recipient or subrecipient of such funds to pay the salary 

and bonuses of an individual, either as direct costs or indirect costs, 

at a rate in excess of Executive Level II. This limitation shall not 

apply to vendors providing goods and services as defined in Office 

of Management and Budget Circular A–133. Where States are recipients of such funds, States may establish a lower limit for salaVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00282 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ries and bonuses of those receiving salaries and bonuses from subrecipients of such funds, taking into account factors including the 

relative cost-of-living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including 

Employment and Training Administration programs. Notwithstanding this section, the limitation on salaries for the Job Corps 

shall continue to be governed by section 101. 

SEC. 106. The Secretary shall take no action to amend, through 

regulatory or administration action, the definition established in 

section 667.220 of title 20 of the Code of Federal Regulations for 

functions and activities under title I of WIA, or to modify, through 

regulatory or administrative action, the procedure for redesignation 

of local areas as specified in subtitle B of title I of that Act (including applying the standards specified in section 116(a)(3)(B) of that 

Act, but notwithstanding the time limits specified in section 

116(a)(3)(B) of that Act), until such time as legislation reauthorizing 

the Act is enacted. Nothing in the preceding sentence shall permit 

or require the Secretary to withdraw approval for such redesignation from a State that received the approval not later than October 

12, 2005, or to revise action taken or modify the redesignation procedure being used by the Secretary in order to complete such redesignation for a State that initiated the process of such redesignation 

by submitting any request for such redesignation not later than October 26, 2005. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 107. Notwithstanding section 102, the Secretary may 

transfer funds made available to the Employment and Training Administration by this Act or by Public Law 112–10, either directly or 

through a set-aside, for technical assistance services to grantees to 

‘‘Program Administration’’ when it is determined that those services 

will be more efficiently performed by Federal employees. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 108. (a) The Secretary may reserve not more than 0.5 percent from each appropriation made available in this Act identified 

in subsection (b) in order to carry out evaluations of any of the programs or activities that are funded under such accounts. Any funds 

reserved under this section shall be transferred to ‘‘Departmental 

Management’’ for use by the Office of the Chief Evaluation Officer 

within the Department of Labor, and shall be available for obligation through September 30, 2013: Provided, That such funds shall 

only be available if the Chief Evaluation Officer of the Department 

of Labor submits a plan to the Committees on Appropriations of the 

House of Representatives and the Senate describing the evaluations 

to be carried out 15 days in advance of any transfer. 

(b) The accounts referred to in subsection (a) are: ‘‘Office of Job 

Corps’’, ‘‘State Unemployment Insurance and Employment Service 

Operations’’, ‘‘Employee Benefits Security Administration’’, ‘‘Office of 

Workers’ Compensation Programs’’, ‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance Programs’’, ‘‘Office of Labor 

Management Standards’’, ‘‘Occupational Safety and Health AdminVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00283 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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istration’’, ‘‘Mine Safety and Health Administration’’, and ‘‘Veterans 

Employment and Training’’. 

SEC. 109. None of the funds made available by this Act may be 

used to promulgate the Definition of ‘‘Fiduciary’’ regulation (Regulatory Identification Number 1210–AB32) published by the Employee Benefits Security Administration of the Department of Labor 

on October 22, 2010 (75 Fed. Reg. 65263). 

SEC. 110. None of the amounts made available under this Act 

may be used to implement the rule entitled ‘‘Wage Methodology for 

the Temporary Non-Agricultural Employment H–2B Program’’ (76 

Fed. Reg. 3452 (January 19, 2011)). 

SEC. 111. None of the funds made available by this Act may be 

used to continue the development of or to promulgate, administer, 

enforce, or otherwise implement the Occupational Injury and Illness 

Recording and Reporting Requirements—Musculoskeletal Disorders 

(MSD) Column regulation (Regulatory Identification Number 1218– 

AC45) being developed by the Occupational Safety and Health Administration of the Department of Labor. 

SEC. 112. None of the funds made available by this Act may be 

used to implement or enforce the proposed rule entitled ‘‘Lowering 

Miners’ Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors’’ regulation published by the Mine Safety and 

Health Administration (MSHA) of the Department of Labor on October 19, 2010 (75 Fed. Reg. 64412, RIN 1219-AB64) until— 

(1) the Government Accountability Office— 

(A) issues, at a minimum, an interim report which— 

(i) evaluates the completeness of MSHA’s data collection and sampling, to include an analysis of whether 

such data supports current trends of the incidence of 

lung disease arising from occupational exposure to respirable coal mine dust across working underground 

coal miners; and 

(ii) assesses the sufficiency of MSHA’s analytical 

methodology; and 

(B) not later than 240 days after enactment of this Act, 

submits the report described in subparagraph (A) to the 

Committees on Appropriations of the House of Representatives and the Senate; or 

(2) the deadline described in paragraph (1)(B) for submission of the report has passed. 

SEC. 113. None of the funds made available by this Act may be 

used by the Secretary to administer or enforce 29 CFR 779.372(c)(4). 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2012’’. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

PRIMARY HEALTH CARE

For carrying out titles II and III of the Public Health Service 

Act (referred to in this Act as the ‘‘PHS Act’’) with respect to primary health care and the Native Hawaiian Health Care Act of 


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1988, $1,598,957,000, of which $129,000 shall be available until expended for facilities renovations at the Gillis W. Long Hansen’s Disease Center: Provided, That no more than $40,000 shall be available until expended for carrying out the provisions of section 224(o) 

of the PHS Act, including associated administrative expenses and 

relevant evaluations: Provided further, That no more than 

$95,073,000 shall be available until expended for carrying out the 

provisions of Public Law 104–73 and for expenses incurred by the 

Department of Health and Human Services (referred to in this Act 

as ‘‘HHS’’) pertaining to administrative claims made under such 

law. 

HEALTH WORKFORCE

For carrying out titles III, VII, and VIII of the PHS Act with 

respect to the health workforce, section 1128E of the Social Security 

Act, and the Health Care Quality Improvement Act of 1986, 

$734,402,000: Provided, That sections 747(c)(2), 751(j)(2), and the 

proportional funding amounts in paragraphs (1) through (4) of section 756(e) of the PHS Act shall not apply to funds made available 

under this heading: Provided further, That for any program operating under section 751 of the PHS Act on or before January 1, 

2009, the Secretary of Health and Human Services (referred to in 

this title as ‘‘Secretary’’) may waive any of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B) of such Act for the 

full project period of a grant under such section: Provided further, 

That no funds shall be available for section 340G–1 of the PHS Act: 

Provided further, That in addition to fees authorized by section 

427(b) of the Health Care Quality Improvement Act of 1986, fees 

shall be collected for the full disclosure of information under such 

Act sufficient to recover the full costs of operating the National 

Practitioner Data Bank and shall remain available until expended 

to carry out that Act: Provided further, That fees collected for the 

full disclosure of information under the ‘‘Health Care Fraud and 

Abuse Data Collection Program’’, authorized by section 1128E(d)(2) 

of the Social Security Act, shall be sufficient to recover the full costs 

of operating the program, and shall remain available until expended to carry out that Act: Provided further, That funds transferred to this account to carry out section 846 and subpart 3 of part 

D of title III of the PHS Act may be used to make prior year adjustments to awards made under such sections. 

MATERNAL AND CHILD HEALTH

For carrying out titles III, XI, XII, and XIX of the PHS Act with 

respect to maternal and child health, title V of the Social Security 

Act, and section 712 of the American Jobs Creation Act of 2004, 

$863,607,000: Provided, That notwithstanding sections 502(a)(1) 

and 502(b)(1) of the Social Security Act, not more than $79,586,000 

shall be available for carrying out special projects of regional and 

national significance pursuant to section 501(a)(2) of such Act and 

$10,400,000 shall be available for projects described in paragraphs 

(A) through (F) of section 501(a)(3) of such Act. 


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RYAN WHITE HIV/AIDS PROGRAM

For carrying out title XXVI of the PHS Act with respect to the Ryan White HIV/AIDS program, $2,326,665,000, of which 

$1,995,670,000 shall remain available to the Secretary of Health 

and Human Services through September 30, 2014, for parts A and 

B of title XXVI of the PHS Act, and of which not less than 

$900,000,000 shall be for State AIDS Drug Assistance Programs 

under the authority of section 2616 or 311(c) of such Act: Provided, 

That in addition to amounts provided herein, $25,000,000 shall be 

available from amounts available under section 241 of the PHS Act 

to carry out parts A, B, C, and D of title XXVI of the PHS Act to 

fund Special Projects of National Significance under section 2691. 

HEALTH CARE SYSTEMS

For carrying out titles III and XII of the PHS Act with respect 

to health care systems, and the Stem Cell Therapeutic and Research 

Act of 2005, $83,526,000. 

RURAL HEALTH

For carrying out titles III and IV of the PHS Act with respect 

to rural health, section 427(a) of the Federal Coal Mine Health and 

Safety Act, the Cardiac Arrest Survival Act of 2000, and sections 

711 and 1820 of the Social Security Act, $139,832,000, of which 

$41,118,000 from general revenues, notwithstanding section 1820(j) 

of the Social Security Act, shall be available for carrying out the 

Medicare rural hospital flexibility grants program: Provided, That 

of the funds made available under this heading for Medicare rural 

hospital flexibility grants, $15,000,000 shall be available for the 

Small Rural Hospital Improvement Grant Program for quality improvement and adoption of health information technology and 

$1,000,000 shall be to carry out section 1820(g)(6) of the Social Security Act, with funds provided for grants under section 1820(g)(6) 

available for the purchase and implementation of telehealth services, including pilots and demonstrations on the use of electronic 

health records to coordinate rural veterans care between rural providers and the Department of Veterans Affairs electronic health 

record system: Provided further, That notwithstanding section 

338J(k) of the PHS Act, $10,055,000 shall be available for State Offices of Rural Health. 

FAMILY PLANNING

For carrying out the program under title X of the PHS Act to 

provide for voluntary family planning projects, $297,400,000: Provided, That amounts provided to said projects under such title shall 

not be expended for abortions, that all pregnancy counseling shall 

be nondirective, and that such amounts shall not be expended for 

any activity (including the publication or distribution of literature) 

that in any way tends to promote public support or opposition to 

any legislative proposal or candidate for public office. 

PROGRAM MANAGEMENT

For program support in the Health Resources and Services Administration, $161,815,000: Provided, That funds made available 


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under this heading may be used to supplement program support 

funding provided under the headings ‘‘Primary Health Care’’, 

‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White 

HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose of the 

program, as authorized by title VII of the PHS Act. For administrative expenses to carry out the guaranteed loan program, including 

section 709 of the PHS Act, $2,841,000. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund (‘‘Trust Fund’’), such sums as may be necessary for 

claims associated with vaccine-related injury or death with respect 

to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI of the PHS Act, to remain available until expended: Provided, That for necessary administrative expenses, not to 

exceed $6,489,000 shall be available from the Trust Fund to the 

Secretary. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

IMMUNIZATION AND RESPIRATORY DISEASES

For carrying out titles II, III, VII, XVII, and XXI, and section 

2821 of the PHS Act, titles II and IV of the Immigration and Nationality Act, and section 501 of the Refugee Education Assistance 

Act, with respect to immunization and respiratory diseases, 

$579,375,000: Provided, That in addition to amounts provided herein, $12,864,000 shall be available from amounts available under 

section 241 of the PHS Act to carry out the National Immunization 

Surveys. 

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND

TUBERCULOSIS PREVENTION

For carrying out titles II, III, VII, XVII, XXIII, and XXVI of the 

PHS Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and tuberculosis prevention, $1,105,995,000. 

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

For carrying out titles II, III, VII, and XVII, and section 2821 

of the PHS Act, titles II and IV of the Immigration and Nationality 

Act, and section 501 of the Refugee Education Assistance Act, with 

respect to emerging and zoonotic infectious diseases, $253,919,000. 

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

For carrying out titles II, III, VII, XI, XV, XVII, and XIX of the 

PHS Act with respect to chronic disease prevention and health promotion, $760,700,000: Provided, That funds appropriated under 

this account may be available for making grants under section 1509 

of the PHS Act for not less than 21 States, tribes, or tribal organizations. 


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BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND

HEALTH

For carrying out titles II, III, VII, XI, and XVII of the PHS Act 

with respect to birth defects, developmental disabilities, disabilities 

and health, $138,072,000. 

PUBLIC HEALTH SCIENTIFIC SERVICES

For carrying out titles II and III of the PHS Act with respect 

to health statistics, surveillance, informatics, and workforce development, $144,795,000: Provided, That in addition to amounts provided herein, $247,769,000 shall be available from amounts available under section 241 of the PHS Act to carry out Public Health 

Scientific Services. 

ENVIRONMENTAL HEALTH

For carrying out titles II, III, VII, and XVII of the PHS Act 

with respect to environmental health, $105,598,000. 

INJURY PREVENTION AND CONTROL

For carrying out titles II, III, VII, and XVII of the PHS Act 

with respect to injury prevention and control, $138,480,000. 

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

For carrying out titles II, III, VII, and XVII of the PHS Act, sections 101, 102, 103, 201, 202, 203, 301, 501, and 514 of the Federal 

Mine Safety and Health Act, section 13 of the Mine Improvement 

and New Emergency Response Act, and sections 20, 21, and 22 of 

the Occupational Safety and Health Act, with respect to occupational safety and health, $182,903,000: Provided, That in addition 

to amounts provided herein, $110,724,000 shall be available from 

amounts available under section 241 of the PHS Act. 

EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Program Act, $55,358,000, to remain available until expended, of which $4,500,000 shall be for use 

by or in support of the Advisory Board on Radiation and Worker 

Health (‘‘Board’’) to carry out its statutory responsibilities, including 

obtaining audits, technical assistance, and other support from the 

Board’s audit contractor with regard to radiation dose estimation 

and reconstruction efforts, site profiles, procedures, and review of 

Special Exposure Cohort petitions and evaluation reports: Provided, 

That this amount shall be available consistent with the provision 

regarding administrative expenses in section 151(b) of division B, 

title I of Public Law 106–554. 

GLOBAL HEALTH

For carrying out titles II, III, VII and XVII of the PHS Act with respect to global health, $349,547,000, of which $118,023,000 for 

international HIV/AIDS shall remain available through September 

30, 2013: Provided, That funds may be used for purchase and insurance of official motor vehicles in foreign countries. 


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PUBLIC HEALTH PREPAREDNESS AND RESPONSE

For carrying out titles II, III, VII, and XVII of the PHS Act 

with respect to public health preparedness and response, and for expenses necessary to support activities related to countering potential 

biological, nuclear, radiological, and chemical threats to civilian 

populations, $1,306,906,000, of which $509,486,000 shall remain 

available until expended for the Strategic National Stockpile under 

section 319F–2 of the PHS Act. 

CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT

For carrying out titles II, III, VII, XVII and XIX, and section 

2821 of the PHS Act and for cross-cutting activities and program 

support that supplement activities funded under the headings ‘‘Immunization and Respiratory Diseases’’, ‘‘HIV/AIDS, Viral Hepatitis, 

Sexually Transmitted Diseases, and Tuberculosis Prevention’’, 

‘‘Emerging and Zoonotic Infectious Diseases’’, ‘‘Chronic Disease Prevention and Health Promotion’’, ‘‘Birth Defects, Developmental Disabilities, Disabilities and Health’’, ‘‘Environmental Health’’, ‘‘Injury 

Prevention and Control’’, ‘‘National Institute for Occupational Safety and Health’’, ‘‘Employees Occupational Illness Compensation Program Act’’, ‘‘Global Health’’, ‘‘Public Health Preparedness and Response’’, and ‘‘Public Health Scientific Services’’, $621,445,000, of 

which $30,000,000 shall be available until September 30, 2013 for 

business services, of which $25,000,000 shall be available until September 30, 2016 for equipment, construction and renovation of facilities, and of which $80,000,000 shall be for the Preventive Health 

and Health Services Block Grant Program: Provided, That paragraphs (1) through (3) of subsection (b) of section 2821 of the PHS 

Act shall not apply to funds appropriated under this heading and 

in all other accounts of the Centers for Disease Control and Prevention (referred to in this title as ‘‘CDC’’): Provided further, That 

funds appropriated under this heading and in all other accounts of 

CDC may be used to support the purchase, hire, maintenance, and 

operation of aircraft for use and support of the activities of CDC: 

Provided further, That employees of CDC or the Public Health Service, both civilian and commissioned officers, detailed to States, municipalities, or other organizations under authority of section 214 of 

the PHS Act, or in overseas assignments, shall be treated as nonFederal employees for reporting purposes only and shall not be included within any personnel ceiling applicable to the Agency, Service, or HHS during the period of detail or assignment: Provided further, That CDC may use up to $10,000 from amounts appropriated 

to CDC in this Act for official reception and representation expenses 

when specifically approved by the Director of CDC: Provided further, That in addition, such sums as may be derived from authorized user fees, which shall be credited to the appropriation charged 

with the cost thereof: Provided further, That with respect to the previous proviso, authorized user fees from the Vessel Sanitation Program shall be available through September 30, 2013: Provided further, That of the funds made available under this heading, up to 

$1,000 per eligible employee of CDC shall be made available until 

expended for Individual Learning Accounts: Provided further, That 

CDC may establish a Working Capital Fund, with the authorities 


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equivalent to those provided in 42 U.S.C. 231, to improve the provision of supplies and service. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the PHS Act with 

respect to cancer, $5,081,788,000, of which up to $8,000,000 may be 

used for facilities repairs and improvements at the National Cancer 

Institute—Frederick Federally Funded Research and Development 

Center in Frederick, Maryland. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the PHS Act with 

respect to cardiovascular, lung, and blood diseases, and blood and 

blood products, $3,084,851,000. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the PHS Act with 

respect to dental disease, $411,488,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the PHS Act with 

respect to diabetes and digestive and kidney disease, 

$1,800,447,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the PHS Act with 

respect to neurological disorders and stroke, $1,629,445,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

For carrying out section 301 and title IV of the PHS Act with 

respect to allergy and infectious diseases, $4,499,215,000. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the PHS Act with 

respect to general medical sciences, $2,434,637,000: Provided, That 

not less than $276,480,000 is provided for the Institutional Development Awards program. 

EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH

AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the PHS Act with 

respect to child health and human development, $1,323,900,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the PHS Act with 

respect to eye diseases and visual disorders, $704,043,000. 


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NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out section 301 and title IV of the PHS Act with 

respect to environmental health sciences, $686,869,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the PHS Act with 

respect to aging, $1,105,530,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND

SKIN DISEASES

For carrying out section 301 and title IV of the PHS Act with 

respect to arthritis and musculoskeletal and skin diseases, 

$536,801,000. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the PHS Act with 

respect to deafness and other communication disorders, 

$417,061,000. 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the PHS Act with 

respect to nursing research, $145,043,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the PHS Act with 

respect to alcohol abuse and alcoholism, $460,389,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the PHS Act with 

respect to drug abuse, $1,055,362,000. 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the PHS Act with 

respect to mental health, $1,483,068,000. 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the PHS Act with 

respect to human genome research, $513,844,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the PHS Act with 

respect to biomedical imaging and bioengineering research, 

$338,998,000. 

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the PHS Act with 

respect to complementary and alternative medicine, $128,299,000. 


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NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the PHS Act with 

respect to minority health and health disparities research, 

$276,963,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of the 

PHS Act), $69,754,000. 

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the PHS Act with respect to health information communications, $338,278,000, of 

which $4,000,000 shall be available until September 30, 2013, for 

improvement of information systems: Provided, That in fiscal year 

2012, the National Library of Medicine may enter into personal 

services contracts for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health (referred to in this title as ‘‘NIH’’): Provided further, 

That in addition to amounts provided herein, $8,200,000 shall be 

available from amounts available under section 241 of the PHS Act 

to carry out the purposes of the National Information Center on 

Health Services Research and Health Care Technology established 

under section 478A of the PHS Act and related health services. 

NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES

For carrying out section 301 and title IV of the PHS Act with 

respect to translational sciences, $576,456,000: Provided, That up to 

$10,000,000 shall be available to implement section 402C of the 

PHS Act, relating to the Cures Acceleration Network: Provided further, That funds appropriated may be used to support the reorganization and activities required to eliminate the National Center for 

Research Resources: Provided further, That the Director of the NIH 

shall ensure that, of all funds made available to Institute, Center, 

and Office of the Director accounts within ‘‘Department of Health 

and Human Services, National Institutes of Health’’, at least 

$487,767,000 is provided to the Clinical and Translational Sciences 

Awards program. 

OFFICE OF THE DIRECTOR

For carrying out the responsibilities of the Office of the Director, 

NIH, $1,461,880,000, of which up to $25,000,000 shall be used to 

carry out section 213 of this Act: Provided, That funding shall be 

available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further, That NIH is authorized 

to collect third-party payments for the cost of clinical services that 

are incurred in NIH research facilities and that such payments 

shall be credited to the NIH Management Fund: Provided further, 

That all funds credited to the NIH Management Fund shall remain 

available for one fiscal year after the fiscal year in which they are 

deposited: Provided further, That $193,880,000 shall be available 

for continuation of the National Children’s Study: Provided further, 

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lished under section 402A(c)(1) of the PHS Act: Provided further, 

That of the funds provided $10,000 shall be for official reception 

and representation expenses when specifically approved by the Director of the NIH: Provided further, That the Office of AIDS Research within the Office of the Director of the NIH may spend up 

to $8,000,000 to make grants for construction or renovation of facilities as provided for in section 2354(a)(5)(B) of the PHS Act. 

BUILDINGS AND FACILITIES

For the study of, construction of, renovation of, and acquisition 

of equipment for, facilities of or used by NIH, including the acquisition of real property, $125,581,000, to remain available until September 30, 2016. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

MENTAL HEALTH

For carrying out titles III, V, and XIX of the PHS Act with respect to mental health, and the Protection and Advocacy for Individuals with Mental Illness Act, $934,853,000: Provided, That notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated 

for carrying out section 520A shall be available for carrying out section 1971 of the PHS Act: Provided further, That in addition to 

amounts provided herein, $21,039,000 shall be available under section 241 of the PHS Act to carry out subpart I of part B of title XIX 

of the PHS Act to fund section 1920(b) technical assistance, national 

data, data collection and evaluation activities, and further that the 

total available under this Act for section 1920(b) activities shall not 

exceed 5 percent of the amounts appropriated for subpart I of part 

B of title XIX: Provided further, That section 520E(b)(2) of the PHS 

Act shall not apply to funds appropriated under this Act for fiscal 

year 2012: Provided further, That of the amount appropriated under 

this heading, $45,800,000 shall be for the National Child Traumatic Stress Initiative as described in section 582 of the PHS Act. 

SUBSTANCE ABUSE TREATMENT

For carrying out titles III, V, and XIX of the PHS Act with respect to substance abuse treatment and section 1922(a) of the PHS 

Act with respect to substance abuse prevention, $2,123,993,000: Provided, That in addition to amounts provided herein, the following 

amounts shall be available under section 241 of the PHS Act: (1) 

$79,200,000 to carry out subpart II of part B of title XIX of the PHS 

Act to fund section 1935(b) technical assistance, national data, data 

collection and evaluation activities, and further that the total available under this Act for section 1935(b) activities shall not exceed 5 

percent of the amounts appropriated for subpart II of part B of title 

XIX; and (2) $2,000,000 to evaluate substance abuse treatment programs: Provided further, That no funds shall be available for the 

National All Schedules Prescription Reporting system. 

SUBSTANCE ABUSE PREVENTION

For carrying out titles III and V of the PHS Act with respect 

to substance abuse prevention, $186,361,000. 


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HEALTH SURVEILLANCE AND PROGRAM SUPPORT

For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in carrying out titles III, V and XIX of the PHS Act and the Protection 

and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration, 

$109,106,000: Provided, That in addition to amounts provided herein, $27,428,000 shall be available under section 241 of the PHS Act 

to supplement funds available to carry out national surveys on drug 

abuse and mental health, to collect and analyze program data, and 

to conduct public awareness and technical assistance activities: Provided further, That funds made available under this heading may 

be used to supplement program support funding provided under the 

headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the PHS Act, part A of title 

XI of the Social Security Act, and section 1013 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, 

$369,053,000 shall be available from amounts available under section 241 of the PHS Act, notwithstanding subsection 947(c) of such 

Act: Provided, That in addition, amounts received from Freedom of 

Information Act fees, reimbursable and interagency agreements, and 

the sale of data shall be credited to this appropriation and shall remain available until September 30, 2013. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $184,279,110,000, to remain available until expended. 

For making, after May 31, 2012, payments to States under title 

XIX or in the case of section 1928 on behalf of States under title XIX 

of the Social Security Act for the last quarter of fiscal year 2012 for 

unanticipated costs incurred for the current fiscal year, such sums 

as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act for the 

first quarter of fiscal year 2013, $90,614,082,000, to remain available until expended. 

Payment under such title XIX may be made for any quarter 

with respect to a State plan or plan amendment in effect during 

such quarter, if submitted in or prior to such quarter and approved 

in that or any subsequent quarter. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance Trust Fund and 

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rity Act, sections 103(c) and 111(d) of the Social Security Amendments of 1965, section 278(d)(3) of Public Law 97–248, and for administrative expenses incurred pursuant to section 201(g) of the Social Security Act, $230,741,378,000. 

In addition, for making matching payments under section 1844 

and benefit payments under section 1860D–16 of the Social Security 

Act that were not anticipated in budget estimates, such sums as 

may be necessary. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII of 

the PHS Act, the Clinical Laboratory Improvement Amendments of 

1988, and other responsibilities of the Centers for Medicare and 

Medicaid Services, not to exceed $3,879,476,000, to be transferred 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund, as authorized by 

section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the PHS Act and section 

1857(e)(2) of the Social Security Act, funds retained by the Secretary 

pursuant to section 302 of the Tax Relief and Health Care Act of 

2006; and such sums as may be collected from authorized user fees 

and the sale of data, which shall be credited to this account and 

remain available until September 30, 2017: Provided, That all 

funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the PHS Act shall be credited 

to and available for carrying out the purposes of this appropriation: 

Provided further, That $34,000,000, to remain available through 

September 30, 2013, shall be for contract costs for the Healthcare 

Integrated General Ledger Accounting System: Provided further, 

That the Secretary is directed to collect fees in fiscal year 2012 from 

Medicare Advantage organizations pursuant to section 1857(e)(2) of 

the Social Security Act and from eligible organizations with risksharing contracts under section 1876 of that Act pursuant to section 

1876(k)(4)(D) of that Act: Provided further, That $44,000,000 shall 

be available for the State high-risk health insurance pool program 

as authorized by the State High Risk Pool Funding Extension Act 

of 2006. 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

In addition to amounts otherwise available for program integ- rity and program management, $310,377,000, to remain available 

through September 30, 2013, to be transferred from the Federal 

Hospital Insurance Trust Fund and the Federal Supplementary 

Medical Insurance Trust Fund, as authorized by section 201(g) of 

the Social Security Act, of which $219,879,000 shall be for the 

Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight 

activities for Medicare Advantage under Part C and the Medicare 

Prescription Drug Program under Part D of the Social Security Act 

and for activities described in section 1893(b) of such Act, of which 

$29,730,000 shall be for the Department of Health and Human 

Services Office of Inspector General to carry out fraud and abuse activities authorized by section 1817(k)(3) of such Act, of which 


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$31,038,000 shall be for the Medicaid and Children’s Health Insurance Program (‘‘CHIP’’) program integrity activities, and of which 

$29,730,000 shall be for the Department of Justice to carry out 

fraud and abuse activities authorized by section 1817(k)(3) of such 

Act: Provided, That the report required by section 1817(k)(5) of the 

Social Security Act for fiscal year 2012 shall include measures of 

the operational efficiency and impact on fraud, waste, and abuse in 

the Medicare, Medicaid, and CHIP programs for the funds provided 

by this appropriation. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entities 

under titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

and the Act of July 5, 1960, $2,305,035,000, to remain available 

until expended; and for such purposes for the first quarter of fiscal 

year 2013, $1,100,000,000, to remain available until expended. 

For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV– 

A of the Social Security Act before the effective date of the program 

of Temporary Assistance for Needy Families with respect to such 

State, such sums as may be necessary: Provided, That the sum of 

the amounts available to a State with respect to expenditures under 

such title IV–A in fiscal year 1997 under this appropriation and 

under such title IV–A as amended by the Personal Responsibility 

and Work Opportunity Reconciliation Act of 1996 shall not exceed 

the limitations under section 116(b) of such Act. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under titles I, IV–D, X, XI, 

XIV, and XVI of the Social Security Act and the Act of July 5, 1960, 

for the last 3 months of the current fiscal year for unanticipated 

costs, incurred for the current fiscal year, such sums as may be necessary. 

LOW INCOME HOME ENERGY ASSISTANCE

For making payments under subsections (b) and (d) of section 

2602 of the Low Income Home Energy Assistance Act of 1981, 

$3,478,246,000: Provided, That all but $497,000,000 of such funds 

shall be allocated as though the total appropriation for such payments for fiscal year 2012 was less than $1,975,000,000: Provided 

further, That notwithstanding section 2609A(a), of the amounts appropriated under section 2602(b), not more than $3,000,000 of such 

amounts may be reserved by the Secretary for technical assistance, 

training, and monitoring of program activities for compliance with 

internal controls, policies and procedures. 

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance activities authorized by section 414 of the Immigration and Nationality 

Act and section 501 of the Refugee Education Assistance Act of 

1980, for carrying out section 462 of the Homeland Security Act of 

2002, section 235 of the William Wilberforce Trafficking Victims 


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Protection Reauthorization Act of 2008, and the Trafficking Victims 

Protection Act of 2000, for costs associated with the care and placement of unaccompanied alien children, and for carrying out the 

Torture Victims Relief Act of 1998, $769,789,000, of which up to 

$9,794,000 shall be available to carry out the Trafficking Victims 

Protection Act of 2000: Provided, That funds appropriated under 

this heading pursuant to section 414(a) of the Immigration and Nationality Act, section 462 of the Homeland Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection 

Reauthorization Act of 2008, and the Trafficking Victims Protection 

Act of 2000 for fiscal year 2012 shall be available for the costs of 

assistance provided and other activities to remain available through 

September 30, 2014. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out the Child Care and Development Block Grant Act of 1990, $2,282,627,000 shall be used to supplement, not supplant State general revenue funds for child care assistance for lowincome families: Provided, That $19,433,000 shall be available for 

child care resource and referral and school-aged child care activities, of which $1,000,000 shall be available to the Secretary for a 

competitive grant for the operation of a national toll free hotline 

and Web site to develop and disseminate child care consumer education information for parents and help parents access child care in 

their local community: Provided further, That, in addition to the 

amounts required to be reserved by the States under section 658G, 

$291,248,000 shall be reserved by the States for activities authorized under section 658G, of which $106,813,000 shall be for activities that improve the quality of infant and toddler care: Provided 

further, That $9,890,000 shall be for use by the Secretary for child 

care research, demonstration, and evaluation activities. 

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the Social Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry out 

State programs pursuant to title XX of such Act shall be 10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Developmental Disabilities Assistance 

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services Act, the Native American Programs 

Act of 1974, title II of the Child Abuse Prevention and Treatment 

and Adoption Reform Act of 1978 (adoption opportunities), the 

Abandoned Infants Assistance Act of 1988, section 291 of the Help 

America Vote Act of 2002, part B–1 of title IV and sections 413, 

1110, and 1115 of the Social Security Act; for making payments 

under the Community Services Block Grant Act (‘‘CSBG Act’’), sections 439(i), 473B, and 477(i) of the Social Security Act, and the Assets for Independence Act; and for necessary administrative expenses 


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to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX 

of the Social Security Act, the Act of July 5, 1960, the Low Income 

Home Energy Assistance Act of 1981, title IV of the Immigration 

and Nationality Act, and section 501 of the Refugee Education Assistance Act of 1980, $9,926,709,000, of which $39,421,000, to remain available through September 30, 2013, shall be for grants to 

States for adoption incentive payments, as authorized by section 

473A of the Social Security Act and may be made for adoptions 

completed before September 30, 2012: Provided, That 

$7,983,633,000 shall be for making payments under the Head Start 

Act: Provided further, That for purposes of allocating funds described by the immediately preceding proviso, the term ‘‘base grant’’ 

as used in subsection (a)(7)(A) of section 640 of such Act with respect to funding provided to a Head Start agency (including each 

Early Head Start agency) for fiscal year 2011 shall be calculated as 

described in such subsection and to which amount shall be added 

50 percent of the amount of funds appropriated under the heading 

‘‘Department of Health and Human Services, Administration for 

Children and Families, Children and Family Services Programs’’ in 

Public Law 111–5 and provided to such agency for carrying out expansion of Head Start programs, as that phrase is used in subsection (a)(4)(D) of such section 640, and provided to such agency 

as the ongoing funding level for operations in the 12-month period 

beginning in fiscal year 2010: Provided further, That $713,630,000 

shall be for making payments under the CSBG Act: Provided further, That $35,340,000 shall be for sections 680 and 678E(b)(2) of 

the CSBG Act, of which not less than $30,000,000 shall be for section 680(a)(2) and not less than $4,990,000 shall be for section 

680(a)(3)(B) of such Act: Provided further, That in addition to 

amounts provided herein, $5,762,000 shall be available from 

amounts available under section 241 of the PHS Act to carry out the 

provisions of section 1110 of the Social Security Act: Provided further, That to the extent Community Services Block Grant funds are 

distributed as grant funds by a State to an eligible entity as provided under the CSBG Act, and have not been expended by such entity, they shall remain with such entity for carryover into the next 

fiscal year for expenditure by such entity consistent with program 

purposes: Provided further, That the Secretary shall establish procedures regarding the disposition of intangible assets and program income that permit such assets acquired with, and program income 

derived from, grant funds authorized under section 680 of the 

CSBG Act to become the sole property of such grantees after a period of not more than 12 years after the end of the grant period for 

any activity consistent with section 680(a)(2)(A) of the CSBG Act: 

Provided further, That intangible assets in the form of loans, equity 

investments and other debt instruments, and program income may 

be used by grantees for any eligible purpose consistent with section 

680(a)(2)(A) of the CSBG Act: Provided further, That these procedures shall apply to such grant funds made available after November 29, 1999: Provided further, That funds appropriated for section 

680(a)(2) of the CSBG Act shall be available for financing construction and rehabilitation and loans or investments in private business 

enterprises owned by community development corporations: Provided further, That $5,245,000 shall be for activities authorized by 

section 291 of the Help America Vote Act of 2002: Provided further, 


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That $1,996,000 shall be for a human services case management 

system for federally declared disasters, to include a comprehensive 

national case management contract and Federal costs of administering the system: Provided further, That up to $2,000,000 shall 

be for improving the Public Assistance Reporting Information System, including grants to States to support data collection for a study 

of the system’s effectiveness. 

PROMOTING SAFE AND STABLE FAMILIES

For carrying out section 436 of the Social Security Act, 

$345,000,000 and section 437 of such Act, $63,184,000. 

PAYMENTS FOR FOSTER CARE AND PERMANENCY

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, $5,153,000,000. 

For making payments to States or other non-Federal entities 

under title IV–E of the Social Security Act, for the first quarter of 

fiscal year 2013, $2,100,000,000. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under section 474 of title IV– 

E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, 

such sums as may be necessary. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For carrying out, to the extent not otherwise provided, the Older 

Americans Act of 1965 (‘‘OAA’’), section 398 and title XXIX of the 

PHS Act, section 119 of the Medicare Improvements for Patients 

and Providers Act of 2008, $1,473,703,000: Provided, That amounts 

appropriated under this heading may be used for grants to States 

under section 361 of the OAA only for disease prevention and health 

promotion programs and activities which have been demonstrated 

through rigorous evaluation to be evidence-based and effective: Provided further, That none of the funds provided shall be used to 

carry out sections 1701 and 1703 of the PHS Act (with respect to 

chronic disease self-management activity grants), except that such 

funds may be used for necessary expenses associated with administering any such grants awarded prior to the date of the enactment 

of this Act: Provided further, That the total amount available for 

fiscal year 2012 under this and any other Act to carry out activities 

related to Aging and Disability Resource Centers under subsections 

(a)(20)(B)(iii) and (b)(8) of section 202 of the OAA shall not exceed 

the amount obligated for such purposes for fiscal year 2010 from 

funds available under Public Law 111–117: Provided further, That 

notwithstanding any other provision of this Act, funds made available under this heading to carry out section 311 of the OAA may 

be transferred to the Secretary of Agriculture in accordance with 

such section. 


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OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six passenger motor vehicles, and for carrying out titles III, XVII, and XXI of the PHS Act, 

the United States-Mexico Border Health Commission Act, and research studies under section 1110 of the Social Security Act, 

$475,221,000, together with $69,211,000 from the amounts available under section 241 of the PHS Act to carry out national health 

or human services research and evaluation activities: Provided, 

That of this amount, $53,783,000 shall be for minority AIDS prevention and treatment activities: Provided further, That of the funds 

made available under this heading, $104,790,000 shall be for making competitive contracts and grants to public and private entities 

to fund medically accurate and age appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not 

less than $75,000,000 shall be for replicating programs that have 

been proven effective through rigorous evaluation to reduce teenage 

pregnancy, behavioral risk factors underlying teenage pregnancy, or 

other associated risk factors, of which not less than $25,000,000 

shall be available for research and demonstration grants to develop, 

replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy, and of which any remaining 

amounts shall be available for training and technical assistance, 

evaluation, outreach, and additional program support activities: 

Provided further, That of the amounts provided under this heading 

from amounts available under section 241 of the PHS Act, 

$8,455,000 shall be available to carry out evaluations (including 

longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of the funds made available under 

this heading, $5,000,000 shall be for making competitive grants to 

provide abstinence education (as defined by section 510(b)(2)(A)–(H) 

of the Social Security Act) to adolescents, and for Federal costs of 

administering the grant: Provided further, That grants made under 

the authority of section 510(b)(2)(A)–(H) of the Social Security Act 

shall be made only to public and private entities that agree that, 

with respect to an adolescent to whom the entities provide abstinence education under such grant, the entities will not provide to 

that adolescent any other education regarding sexual conduct, except that, in the case of an entity expressly required by law to provide health information or services the adolescent shall not be precluded from seeking health information or services from the entity 

in a different setting than the setting in which abstinence education 

was provided: Provided further, That funds provided in this Act for 

embryo adoption activities may be used to provide to individuals 

adopting embryos, through grants and other mechanisms, medical 

and administrative services deemed necessary for such adoptions: 

Provided further, That such services shall be provided consistent 

with 42 CFR 59.5(a)(4). 


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OFFICE OF MEDICARE HEARINGS AND APPEALS

For expenses necessary for administrative law judges responsible for hearing cases under title XVIII of the Social Security Act 

(and related provisions of title XI of such Act), $72,147,000, to be 

transferred in appropriate part from the Federal Hospital Insurance 

Trust Fund and the Federal Supplementary Medical Insurance 

Trust Fund. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and advancement of interoperable health information technology, 

$16,446,000: Provided, That in addition to amounts provided herein, $44,811,000 shall be available from amounts available under 

section 241 of the PHS Act. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General, including the hire of passenger motor vehicles for investigations, in 

carrying out the provisions of the Inspector General Act of 1978, 

$50,178,000: Provided, That of such amount, necessary sums shall 

be available for providing protective services to the Secretary and 

investigating non-payment of child support cases for which non-payment is a Federal offense under 18 U.S.C. 228: Provided further, 

That at least 40 percent of the funds provided in this Act for the 

Office of Inspector General shall be used only for investigations, audits, and evaluations pertaining to the discretionary programs funded in this Act. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, $41,016,000. 

RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments 

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired 

personnel under the Dependents’ Medical Care Act, such amounts as 

may be required during the current fiscal year. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and cybersecurity threats to civilian populations, and for other public 

health emergencies, $569,452,000; of which $10,000,000 shall remain available until September 30, 2014 to support emergency operations. 


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From funds transferred to this account pursuant to the fourth 

paragraph under this heading in Public Law 111–117, up to 

$415,000,000 shall be available for expenses necessary to support 

advanced research and development pursuant to section 319L of the 

PHS Act, and other administrative expenses of the Biomedical Advanced Research and Development Authority to support additional 

advanced research and development. 

GENERAL PROVISIONS

SEC. 201. Funds appropriated in this title shall be available for not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary. 

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs 

through and with funds provided by the Agency for International 

Development, the United Nations International Children’s Emergency Fund or the World Health Organization. 

SEC. 203. None of the funds appropriated in this title shall be 

used to pay the salary of an individual, through a grant or other 

extramural mechanism, at a rate in excess of Executive Level II. 

SEC. 204. None of the funds appropriated in this Act may be 

expended pursuant to section 241 of the PHS Act, except for funds 

specifically provided for in this Act, or for other taps and assessments made by any office located in HHS, prior to the preparation 

and submission of a report by the Secretary to the Committees on 

Appropriations of the House of Representatives and the Senate detailing the planned uses of such funds. 

SEC. 205. Notwithstanding section 241(a) of the PHS Act, such 

portion as the Secretary shall determine, but not more than 2.5 percent, of any amounts appropriated for programs authorized under 

such Act shall be made available for the evaluation (directly, or by 

grants or contracts) of the implementation and effectiveness of such 

programs. 

(TRANSFER OF FUNDS)

SEC. 206. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the current fiscal year for 

HHS in this Act may be transferred between appropriations, but no 

such appropriation shall be increased by more than 3 percent by 

any such transfer: Provided, That the transfer authority granted by 

this section shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this Act: 

Provided further, That the Committees on Appropriations of the 

House of Representatives and the Senate are notified at least 15 

days in advance of any transfer. 

(TRANSFER OF FUNDS)

SEC. 207. The Director of the NIH, jointly with the Director of 

the Office of AIDS Research, may transfer up to 3 percent among 

institutes and centers from the total amounts identified by these two 

Directors as funding for research pertaining to the human immunodeficiency virus: Provided, That the Committees on Appropriations 


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of the House of Representatives and the Senate are notified at least 

15 days in advance of any transfer. 

(TRANSFER OF FUNDS)

SEC. 208. Of the amounts made available in this Act for NIH, 

the amount for research related to the human immunodeficiency 

virus, as jointly determined by the Director of NIH and the Director 

of the Office of AIDS Research, shall be made available to the ‘‘Office of AIDS Research’’ account. The Director of the Office of AIDS 

Research shall transfer from such account amounts necessary to 

carry out section 2353(d)(3) of the PHS Act. 

SEC. 209. None of the funds appropriated in this Act may be 

made available to any entity under title X of the PHS Act unless 

the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family 

planning services and that it provides counseling to minors on how 

to resist attempts to coerce minors into engaging in sexual activities. 

SEC. 210. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt from 

any State law requiring notification or the reporting of child abuse, 

child molestation, sexual abuse, rape, or incest. 

SEC. 211. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out the 

Medicare Advantage program if the Secretary denies participation 

in such program to an otherwise eligible entity (including a Provider Sponsored Organization) because the entity informs the Secretary that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall make 

appropriate prospective adjustments to the capitation payment to 

such an entity (based on an actuarially sound estimate of the expected costs of providing the service to such entity’s enrollees): Provided further, That nothing in this section shall be construed to 

change the Medicare program’s coverage for such services and a 

Medicare Advantage organization described in this section shall be 

responsible for informing enrollees where to obtain information 

about all Medicare covered services. 

SEC. 212. In order for HHS to carry out international health 

activities, including HIV/AIDS and other infectious disease, chronic 

and environmental disease, and other health activities abroad during fiscal year 2012: 

(1) The Secretary may exercise authority equivalent to that 

available to the Secretary of State in section 2(c) of the State 

Department Basic Authorities Act of 1956. The Secretary shall 

consult with the Secretary of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign 

Service Act of 1980 and other applicable statutes administered 

by the Department of State. 

(2) The Secretary is authorized to provide such funds by 

advance or reimbursement to the Secretary of State as may be 

necessary to pay the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United 

States for the use of HHS. The Department of State shall cooperate fully with the Secretary to ensure that HHS has secure, 

safe, functional facilities that comply with applicable regulation 


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governing location, setback, and other facilities requirements 

and serve the purposes established by this Act. The Secretary is 

authorized, in consultation with the Secretary of State, through 

grant or cooperative agreement, to make available to public or 

nonprofit private institutions or agencies in participating foreign countries, funds to acquire, lease, alter, or renovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including activities 

relating to HIV/AIDS and other infectious diseases, chronic 

and environmental diseases, and other health activities abroad. 

(3) The Secretary is authorized to provide to personnel appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter 9 of 

title I of the Foreign Service Act of 1980, and 22 U.S.C. 4081 

through 4086 and subject to such regulations prescribed by the 

Secretary. The Secretary is further authorized to provide locality-based comparability payments (stated as a percentage) up to 

the amount of the locality-based comparability payment (stated 

as a percentage) that would be payable to such personnel under 

section 5304 of title 5, United States Code if such personnel’s 

official duty station were in the District of Columbia. Leaves of 

absence for personnel under this subsection shall be on the 

same basis as that provided under subchapter I of chapter 63 

of title 5, United States Code, or section 903 of the Foreign 

Service Act of 1980, to individuals serving in the Foreign Service. 

SEC. 213. (a) AUTHORITY.—Notwithstanding any other provision of law, the Director of NIH (‘‘Director’’) may use funds available under section 402(b)(7) or 402(b)(12) of the PHS Act to enter 

into transactions (other than contracts, cooperative agreements, or 

grants) to carry out research identified pursuant to such section 

402(b)(7) (pertaining to the Common Fund) or research and activities described in such section 402(b)(12). 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate to obtain assessments of scientific and technical merit. Such procedures shall apply to such 

transactions in lieu of the peer review and advisory council review 

procedures that would otherwise be required under sections 

301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 

PHS Act. 

SEC. 214. Funds which are available for Individual Learning 

Accounts for employees of CDC and the Agency for Toxic Substances 

and Disease Registry (‘‘ATSDR’’) may be transferred to appropriate 

accounts of CDC, to be available only for Individual Learning Accounts: Provided, That such funds may be used for any individual 

full-time equivalent employee while such employee is employed either by CDC or ATSDR. 

SEC. 215. Notwithstanding any other provisions of law, discretionary funds made available in this Act may be used to continue 

operating the Council on Graduate Medical Education established 

by section 301 of Public Law 102–408. 

SEC. 216. Not to exceed $45,000,000 of funds appropriated by 

this Act to the institutes and centers of the National Institutes of 


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Health may be used for alteration, repair, or improvement of facilities, as necessary for the proper and efficient conduct of the activities authorized herein, at not to exceed $3,500,000 per project. 

(TRANSFER OF FUNDS)

SEC. 217. Of the amounts made available for NIH, 1 percent of 

the amount made available for National Research Service Awards 

(‘‘NRSA’’) shall be made available to the Administrator of the 

Health Resources and Services Administration to make NRSA 

awards for research in primary medical care to individuals affiliated with entities who have received grants or contracts under section 747 of the PHS Act, and 1 percent of the amount made available for NRSA shall be made available to the Director of the Agency 

for Healthcare Research and Quality to make NRSA awards for 

health service research. 

SEC. 218. None of the funds made available in this title may 

be used, in whole or in part, to advocate or promote gun control. 

SEC. 219. None of the funds appropriated or otherwise made 

available in this Act may be expended to advance the creation of a 

Federally Funded Research and Development Center at the Centers 

for Medicare and Medicaid Services, prior to a Federal Register notice being issued that outlines: how this proposal would meet the 

specific requirements identified in FAR 35.017–2; agency procedures 

that ensure small business competitiveness is maintained; and the 

outline of a transparent award and governance process to be employed. 

SEC. 220. (a) The Secretary shall establish a publicly accessible 

website to provide information regarding the uses of funds made 

available under section 4002 of Public Law 111–148. 

(b) With respect to funds provided for fiscal year 2012, the Secretary shall include on the website established under subsection (a) 

at a minimum the following information: 

(1) In the case of each transfer of funds under section 

4002(c), a statement indicating the program or activity receiving funds, the operating division or office that will administer 

the funds, and the planned uses of the funds, to be posted not 

later than the day after the transfer is made. 

(2) Identification (along with a link to the full text) of each 

funding opportunity announcement, request for proposals, or 

other announcement or solicitation of proposals for grants, cooperative agreements, or contracts intended to be awarded 

using such funds, to be posted not later than the day after the 

announcement or solicitation is issued. 

(3) Identification of each grant, cooperative agreement, or 

contract with a value of $25,000 or more awarded using such 

funds, including the purpose of the award and the identity of 

the recipient, to be posted not later than 5 days after the award 

is made. 

(4) A report detailing the uses of all funds transferred 

under section 4002(c) during the fiscal year, to be posted not 

later than 90 days after the end of the fiscal year. 

(5) Semi-annual reports from each entity awarded a grant, 

cooperative agreement, or contract from such funds with a value 

of $25,000 or more, summarizing the activities undertaken and 

identifying any sub-grants or sub-contracts awarded (including 


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the purpose of the award and the identity of the recipient), to 

be posted not later than 30 days after the end of each 6-month 

period. 

SEC. 221. (a) ESTABLISHMENT OF NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES; ELIMINATION OF NATIONAL

CENTER FOR RESEARCH RESOURCES.— 

(1) IN GENERAL.—Subpart 1 of part E of title IV of the Public Health Service Act (42 U.S.C. 287 et seq.) is amended— 

(A) in the subpart heading, by striking ‘‘National Center for Research Resources’’ and inserting ‘‘National Center 

for Advancing Translational Sciences’’; 

(B) by striking sections 480 and 481; and 

(C) by amending section 479 to read as follows: 

‘‘SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL 

SCIENCES. 

‘‘(a) PURPOSE.—The purpose of the National Center for Advancing Translational Sciences (in this subpart referred to as the ‘Center’) is to advance translational sciences, including by— 

‘‘(1) coordinating and developing resources that leverage 

basic research in support of translational science; and 

‘‘(2) developing partnerships and working cooperatively to 

foster synergy in ways that do not create duplication, redundancy, and competition with industry activities. 

‘‘(b) CLINICAL TRIAL ACTIVITIES.— 

‘‘(1) IN GENERAL.—The Center may develop and provide infrastructure and resources for all phases of clinical trials research. Except as provided in paragraph (2), the Center may 

support clinical trials only through the end of phase IIA. 

‘‘(2) EXCEPTION.—The Center may support clinical trial activities through the end of phase IIB for a treatment for a rare 

disease or condition (as defined in section 526 of the Federal 

Food, Drug, and Cosmetic Act) so long as— 

‘‘(A) the Center gives public notice for a period of at 

least 120 days of the Center’s intention to support the clinical trial activities in phase IIB; 

‘‘(B) no public or private organization provides credible 

written intent to the Center that the organization has timely plans to further the clinical trial activities or conduct 

clinical trials of a similar nature beyond phase IIA; and 

‘‘(C) the Center ensures that support of the clinical trial 

activities in phase IIB will not increase the Federal Government’s liability beyond the award value of the Center’s support. 

‘‘(c) ANNUAL REPORT.—The Center shall publish an annual report that, with respect to all research supported by the Center, includes a complete list of— 

‘‘(1) the molecules being studied; 

‘‘(2) clinical trial activities being conducted; 

‘‘(3) the methods and tools in development; 

‘‘(4) ongoing partnerships, including— 

‘‘(A) the rationale for each partnership; 

‘‘(B) the status of each partnership; 

‘‘(C) the funding provided by the Center to other entities pursuant to each partnership, and 


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‘‘(D) the activities which have been transferred to industry pursuant to each partnership; and 

‘‘(5) known research activity of other entities that is or will 

expand upon research activity of the Center.’’. 

(2) LIST OF INSTITUTES AND CENTERS.—Section 401(b)(21) 

of the Public Health Service Act (42 U.S.C. 281(b)(21)) is 

amended by striking ‘‘National Center for Research Resources’’ 

and inserting ‘‘National Center for Advancing Translational 

Sciences’’. 

(b) ASSIGNMENT OF CERTAIN FUNCTIONS OF FORMER NATIONAL

CENTER FOR RESEARCH RESOURCES.— 

(1) BIOMEDICAL AND BEHAVIORAL RESEARCH FACILITIES.— 

Section 481A of the Public Health Service Act (42 U.S.C. 287a– 

2)— 

(A) is redesignated as section 404I and is moved to follow section 404H of such Act (42 U.S.C. 283j); and 

(B) is amended— 

(i) in subsection (a)(1), by striking ‘‘acting through 

the Director of the Center or the Director of the National Institute of Allergy and Infectious Diseases’’ and 

inserting ‘‘acting through the Office of the Director of 

NIH or the Director of the National Institute of Allergy 

and Infectious Diseases’’; 

(ii) in subsections (c), (d), (e), and (f)(2), by striking 

‘‘Director of the Center or the Director of the National 

Institute of Allergy and Infectious Diseases’’ each place 

it appears and inserting ‘‘Director of NIH, acting 

through the Office of the Director of NIH or the National Institute of Allergy and Infectious Diseases,’’; 

(iii) in subsection (b)(2), by striking ‘‘Director of the 

Center’’ each place it appears and inserting ‘‘Director of 

NIH’’; 

(iv) in subsections (b)(3)(A), (f)(1), and (g), by striking the comma at the end of ‘‘Director of the Center,’’ 

each place it appears; 

(v) by striking ‘‘Director of the Center’’ each place 

it appears and inserting ‘‘Director of NIH, acting 

through the Office of the Director of NIH,’’; 

(vi) in subsection (b)— 

(I) in paragraph (1)(A), by striking ‘‘within the 

Center’’; and 

(II) in paragraph (2)— 

(aa) in subparagraph (A), by striking ‘‘and 

the advisory council established under section 

480 (in this section referred to as the ‘Advisory 

Council’)’’ and inserting ‘‘and the Council of 

Councils established under section 402(l) (in 

this section referred to as the ‘Council’)’’; and 

(bb) in subparagraphs (B), (C), and (D), 

by striking ‘‘Advisory’’ each place it appears; 

and 

(vii) in subsection (g), by striking ‘‘after consultation with the Advisory Council’’ and inserting ‘‘after 

consultation with the Council’’. 


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(2) CONSTRUCTION OF REGIONAL CENTERS FOR RESEARCH

ON PRIMATES.—Section 481B of the Public Health Service Act 

(42 U.S.C. 287a–3)— 

(A) is redesignated as section 404J and is moved to follow section 404I, as redesignated by paragraph (1); and 

(B) in subsection (a), is amended— 

(i) by striking ‘‘by the National Center for Research 

Resources’’ and inserting ‘‘by the Director of NIH, acting through the Office of the Director of NIH,’’; and 

(ii) by striking ‘‘481A’’ and inserting ‘‘404I’’. 

(3) SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES.—Section 481C of the Public Health Service Act (42 U.S.C. 287a– 

3a)— 

(A) is redesignated as section 404K and is moved to follow section 404J, as redesignated by paragraph (2); and 

(B) in subsection (d)(4)(A)(ii), is amended by striking 

‘‘that is carried out by the National Center for Research Resources’’ and inserting ‘‘that is carried out by the Director 

of NIH, acting through the Office of the Director of NIH,’’. 

(4) SHARED INSTRUMENTATION GRANT PROGRAM.—Section 

305 of the Public Health Improvement Act (42 U.S.C. 287 

note)— 

(A) is redesignated as section 404L of the Public Health 

Service Act and is moved to follow section 404K of that Act, 

as redesignated by paragraph (3); and 

(B) is amended— 

(i) by striking subsection (a) and redesignating 

subsections (b) and (c) as subsections (a) and (b), respectively; 

(ii) in subsection (a), as so redesignated, by striking ‘‘under the program described in subsection (a)’’ 

and inserting ‘‘under the Shared Instrumentation 

Grant Program’’; 

(iii) by striking ‘‘Director of the National Center for 

Research Resources’’ each place it appears and inserting ‘‘Director of NIH, acting through the Office of the 

Director of NIH,’’; and 

(iv) in subsection (b), as so redesignated— 

(I) by striking ‘‘in subsection (a)’’ and inserting 

‘‘in subsection (a), the’’; and 

(II) by striking ‘‘of the Public Health Service 

Act (42 U.S.C. 289a)’’. 

(5) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.—Title 

IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is 

amended— 

(A) in section 461, by striking the section heading and 

designation and all that follows through ‘‘The general purpose’’ and inserting the following: 

‘‘SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES. 

‘‘(a) GENERAL PURPOSE.—The general purpose’’; 

(B) by moving subsection (g) of section 402 to the end 

of section 461, as amended, and redesignating that subsection as subsection (b); and 

(C) in section 461(b), as so redesignated— 


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(i) by striking ‘‘(b)(1)(A) In the case of’’ and inserting the following: 

‘‘(b) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.— 

‘‘(1)(A) In the case of’’; 

(ii) by moving two ems to the right— 

(I) subparagraphs (B) and (C) of paragraph 

(1); 

(II) clauses (i), (ii), and (iii) of such subparagraph (C); and 

(III) paragraph (2); and 

(iii) in paragraph (1)(A), by striking ‘‘acting 

through the Director of the National Center for Research Resources’’ and inserting ‘‘acting through the 

Director of the National Institute of General Medical 

Sciences’’. 

(c) ASSIGNMENT OF CERTAIN OFFICES AND FUNCTIONS TO NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES.— 

(1) CURES ACCELERATION NETWORK.—Section 402C of the 

Public Health Service Act (42 U.S.C. 282d)— 

(A) is redesignated as section 480 and is moved to follow section 479; 

(B) in subsection (b), is amended in the matter that 

precedes paragraph (1) by striking ‘‘within the Office of the 

Director of NIH’’ and inserting ‘‘within the Center’’; 

(C) by striking ‘‘Director of NIH’’ each place it appears 

and inserting ‘‘Director of the Center’’; and 

(D) in the headings of subsections (d)(4) and (d)(4)(B), 

by striking ‘‘DIRECTOR OF NIH’’ each place it appears and 

inserting ‘‘DIRECTOR OF THE CENTER’’. 

(2) OFFICE OF RARE DISEASES.—Title IV of the Public 

Health Service Act (42 U.S.C. 281 et seq.) is amended— 

(A) in section 404F— 

(i) by redesignating such section as section 481 

and moving such section to follow section 480, as redesignated by paragraph (1); 

(ii) in subsection (a)— 

(I) by striking ‘‘within the Office of the Director of NIH’’ and inserting ‘‘within the Center’’; and 

(II) by striking ‘‘Director of NIH’’ and inserting 

‘‘Director of the Center’’; and 

(iii) in subsection (b)(1)(C), by striking ‘‘404G’’ and 

inserting ‘‘481A’’; and 

(B) in section 401(c)(2)(A), by striking ‘‘the Office of 

Rare Diseases,’’. 

(3) RARE DISEASE REGIONAL CENTERS OF EXCELLENCE.— 

Section 404G of the Public Health Service Act (42 U.S.C. 283i) 

is redesignated as section 481A and is moved to follow section 

481, as redesignated by paragraph (2). 

(4) GENERAL CLINICAL RESEARCH CENTERS.—Section 481D 

of the Public Health Service Act (42 U.S.C. 287a–4)— 

(A) is redesignated as section 481B; and 

(B) in subsection (a), is amended by striking ‘‘Director 

of the National Center for Research Resources’’ and inserting ‘‘Director of the Center’’. 


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(d) CONFORMING AMENDMENTS.—Title IV of the Public Health 

Service Act (42 U.S.C. 281 et seq.) is amended— 

(1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), by striking 

‘‘402C’’ and inserting ‘‘480’’; 

(2) in section 404C(e)(3)(A) (42 U.S.C. 283e(e)(3)(A)), by 

striking ‘‘and the Director of the Center for Research Resources’’; 

(3) in section 464z–3(i)(1) (42 U.S.C. 285t(i)(1))— 

(A) by striking ‘‘Director of National Institute for Research Resources’’ and inserting ‘‘Director of NIH’’; 

(B) by striking ‘‘481(c)(3)’’ and inserting ‘‘404I(c)(2)’’; 

and 

(C) by inserting ‘‘under such section’’ after ‘‘Institutions 

of Emerging Excellence’’; 

(4) in section 499(c)(1)(E) (42 U.S.C. 290b(c)(1)(E)), by 

striking ‘‘section 402C’’ and inserting ‘‘section 480’’. 

SEC. 222. The discretionary appropriation for CDC is hereby re- duced by $20,000,000: Provided, That the reduction should be taken 

from contracting and administrative costs in each of the CDC accounts. 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2012’’. 

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (referred to in this Act as ‘‘ESEA’’) and section 

418A of the Higher Education Act of 1965 (referred to in this Act 

as ‘‘HEA’’), $15,750,983,000, of which $4,817,117,000 shall become 

available on July 1, 2012, and shall remain available through September 30, 2013, and of which $10,841,177,000 shall become available on October 1, 2012, and shall remain available through September 30, 2013, for academic year 2012–2013: Provided, That 

$6,584,750,000 shall be for basic grants under section 1124 of the 

ESEA: Provided further, That up to $3,992,000 of these funds shall 

be available to the Secretary of Education (referred to in this title 

as ‘‘Secretary’’) on October 1, 2011, to obtain annually updated local 

educational agency-level census poverty data from the Bureau of the 

Census: Provided further, That $1,362,301,000 shall be for concentration grants under section 1124A of the ESEA: Provided further, That $3,288,183,000 shall be for targeted grants under section 

1125 of the ESEA: Provided further, That $3,288,183,000 shall be 

for education finance incentive grants under section 1125A of the 

ESEA: Provided further, That $3,200,000 shall be to carry out sections 1501 and 1503 of the ESEA: Provided further, That 

$534,562,000 shall be available for school improvement grants 

under section 1003(g) of the ESEA, which shall be allocated by the 

Secretary through the formula described in section 1003(g)(2) and 

shall be used consistent with the requirements of section 1003(g), except that State and local educational agencies may use such funds 

to serve any school eligible to receive assistance under part A of title 

I that has not made adequate yearly progress for at least 2 years 


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or is in the State’s lowest quintile of performance based on proficiency rates and, in the case of secondary schools, priority shall be 

given to those schools with graduation rates below 60 percent: Provided further, That notwithstanding section 1003(g)(5)(A), each 

State educational agency may establish a maximum subgrant size 

of not more than $2,000,000 for each participating school applicable 

to such funds: Provided further, That the Secretary may reserve up 

to 5 percent of the funds available for section 1003(g) of the ESEA 

to carry out activities to build State and local educational agency 

capacity to implement effectively the school improvement grants program: Provided further, That $160,000,000 shall be available under 

section 1502 of the ESEA for a comprehensive literacy development 

and education program to advance literacy skills, including pre-literacy skills, reading, and writing, for students from birth through 

grade 12, including limited-English-proficient students and students with disabilities, of which one-half of 1 percent shall be reserved for the Secretary of the Interior for such a program at schools 

funded by the Bureau of Indian Education, one-half of 1 percent 

shall be reserved for grants to the outlying areas for such a program, up to 5 percent may be reserved for national activities, and 

the remainder shall be used to award competitive grants to State 

educational agencies for such a program, of which a State educational agency may reserve up to 5 percent for State leadership activities, including technical assistance and training, data collection, 

reporting, and administration, and shall subgrant not less than 95 

percent to local educational agencies or, in the case of early literacy, 

to local educational agencies or other nonprofit providers of early 

childhood education that partner with a public or private nonprofit 

organization or agency with a demonstrated record of effectiveness 

in improving the early literacy development of children from birth 

through kindergarten entry and in providing professional development in early literacy, giving priority to such agencies or other entities serving greater numbers or percentages of disadvantaged children: Provided further, That the State educational agency shall ensure that at least 15 percent of the subgranted funds are used to 

serve children from birth through age 5, 40 percent are used to serve 

students in kindergarten through grade 5, and 40 percent are used 

to serve students in middle and high school including an equitable 

distribution of funds between middle and high schools: Provided 

further, That eligible entities receiving subgrants from State educational agencies shall use such funds for services and activities 

that have the characteristics of effective literacy instruction through 

professional development, screening and assessment, targeted interventions for students reading below grade level and other researchbased methods of improving classroom instruction and practice. 

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the ESEA, 

$1,293,631,000, of which $1,155,724,000 shall be for basic support 

payments under section 8003(b), $48,505,000 shall be for payments 

for children with disabilities under section 8003(d), $17,474,000 

shall be for construction under section 8007(b) and shall remain 

available through September 30, 2013, $67,074,000 shall be for Federal property payments under section 8002, and $4,854,000, to reVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00311 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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main available until expended, shall be for facilities maintenance 

under section 8008: Provided, That for purposes of computing the 

amount of a payment for an eligible local educational agency under 

section 8003(a) for school year 2011–2012, children enrolled in a 

school of such agency that would otherwise be eligible for payment 

under section 8003(a)(1)(B) of such Act, but due to the deployment 

of both parents or legal guardians, or a parent or legal guardian 

having sole custody of such children, or due to the death of a military parent or legal guardian while on active duty (so long as such 

children reside on Federal property as described in section 

8003(a)(1)(B)), are no longer eligible under such section, shall be 

considered as eligible students under such section, provided such 

students remain in average daily attendance at a school in the same 

local educational agency they attended prior to their change in eligibility status. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by 

parts A and B of title II, part B of title IV, parts A and B of title 

VI, and parts B and C of title VII of the ESEA; the McKinney-Vento 

Homeless Assistance Act; section 203 of the Educational Technical 

Assistance Act of 2002; the Compact of Free Association Amendments Act of 2003; and the Civil Rights Act of 1964, $4,550,018,000, 

of which $2,725,246,000 shall become available on July 1, 2012, 

and remain available through September 30, 2013, and of which 

$1,681,441,000 shall become available on October 1, 2012, and shall 

remain available through September 30, 2013, for academic year 

2012–2013: Provided, That funds made available to carry out part 

B of title VII of the ESEA may be used for construction, renovation, 

and modernization of any elementary school, secondary school, or 

structure related to an elementary school or secondary school, run 

by the Department of Education of the State of Hawaii, that serves 

a predominantly Native Hawaiian student body: Provided further, 

That funds made available to carry out part C of title VII of the 

ESEA shall be awarded on a competitive basis, and also may be 

used for construction: Provided further, That $51,210,000 shall be 

available to carry out section 203 of the Educational Technical Assistance Act of 2002: Provided further, That $17,652,000 shall be 

available to carry out the Supplemental Education Grants program 

for the Federated States of Micronesia and the Republic of the Marshall Islands: Provided further, That up to 5 percent of these 

amounts may be reserved by the Federated States of Micronesia and 

the Republic of the Marshall Islands to administer the Supplemental Education Grants programs and to obtain technical assistance, oversight and consultancy services in the administration of 

these grants and to reimburse the United States Departments of 

Labor, Health and Human Services, and Education for such services: Provided further, That up to 1.5 percent of the funds for subpart 1 of part A of title II of the ESEA shall be reserved by the Secretary for competitive awards for teacher or principal training or 

professional enhancement activities to national not-for-profit organizations. 


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INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise 

provided, title VII, part A of the ESEA, $131,027,000. 

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by part G of title I, subpart 5 of part A and parts C and D of title II, parts B, C, and D 

of title V of the ESEA, and sections 14006 and 14007 of division 

A of the American Recovery and Reinvestment Act of 2009, as 

amended, $1,530,429,000: Provided, That the Secretary may use up 

to $550,000,000, which shall remain available for obligation 

through December 31, 2012, for section 14006 of division A of Public Law 111–5, as amended, to make awards (including on the basis 

of previously submitted applications) to States or to local educational agencies, or both, in accordance with the applicable requirements of that section, as determined by the Secretary, and may 

use up to 5 percent of such funds for technical assistance and evaluation of the activities carried out under that section: Provided further, That up to $149,700,000 shall be available for obligation 

through December 31, 2012 for section 14007 of division A of Public 

Law 111–5, and up to 5 percent of such funds may be used for technical assistance and the evaluation of activities carried out under 

such section: Provided further, That $300,000,000 of the funds for 

subpart 1 of part D of title V of the ESEA shall be for competitive 

grants to local educational agencies, including charter schools that 

are local educational agencies, or States, or partnerships of: (1) a 

local educational agency, a State, or both; and (2) at least one nonprofit organization to develop and implement performance-based 

compensation systems for teachers, principals, and other personnel 

in high-need schools: Provided further, That such performancebased compensation systems must consider gains in student academic achievement as well as classroom evaluations conducted multiple times during each school year among other factors and provide 

educators with incentives to take on additional responsibilities and 

leadership roles: Provided further, That recipients of such grants 

shall demonstrate that such performance-based compensation systems are developed with the input of teachers and school leaders in 

the schools and local educational agencies to be served by the grant: 

Provided further, That recipients of such grants may use such funds 

to develop or improve systems and tools (which may be developed 

and used for the entire local educational agency or only for schools 

served under the grant) that would enhance the quality and success 

of the compensation system, such as high-quality teacher evaluations and tools to measure growth in student achievement: Provided 

further, That applications for such grants shall include a plan to 

sustain financially the activities conducted and systems developed 

under the grant once the grant period has expired: Provided further, 

That up to 5 percent of such funds for competitive grants shall be 

available for technical assistance, training, peer review of applications, program outreach, and evaluation activities: Provided further, 

That of the funds available for part B of title V of the ESEA, the 

Secretary shall use not less than $23,000,000 to carry out activities 

under section 5205(b) and under subpart 2: Provided further, That 

of the funds available for subpart 1 of part B of title V of the ESEA, 


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and notwithstanding section 5205(a), the Secretary may reserve up 

to $55,000,000 to make multiple awards to non-profit charter management organizations and other entities that are not for-profit entities for the replication and expansion of successful charter school 

models and shall reserve up to $11,000,000 to carry out the activities described in section 5205(a), including improving quality and 

oversight of charter schools and providing technical assistance and 

grants to authorized public chartering agencies in order to increase 

the number of high-performing charter schools: Provided further, 

That each application submitted pursuant to section 5203(a) shall 

describe a plan to monitor and hold accountable authorized public 

chartering agencies through such activities as providing technical 

assistance or establishing a professional development program, 

which may include evaluation, planning, training, and systems development for staff of authorized public chartering agencies to improve the capacity of such agencies in the State to authorize, monitor, and hold accountable charter schools: Provided further, That 

each application submitted pursuant to section 5203(a) shall contain assurances that State law, regulations, or other policies require 

that: (1) each authorized charter school in the State operate under 

a legally binding charter or performance contract between itself and 

the school’s authorized public chartering agency that describes the 

obligations and responsibilities of the school and the public chartering agency; conduct annual, timely, and independent audits of 

the school’s financial statements that are filed with the school’s authorized public chartering agency; and demonstrate improved student academic achievement; and (2) authorized public chartering 

agencies use increases in student academic achievement for all 

groups of students described in section 1111(b)(2)(C)(v) of the ESEA 

as the most important factor when determining to renew or revoke 

a school’s charter. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by part A of title IV and 

subparts 1, 2, and 10 of part D of title V of the ESEA, 

$256,237,000: Provided, That $65,000,000 shall be available for 

subpart 2 of part A of title IV: Provided further, That $60,000,000 

shall be available for Promise Neighborhoods and shall be available 

through December 31, 2012. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $733,530,000, 

which shall become available on July 1, 2012, and shall remain 

available through September 30, 2013, except that 6.5 percent of 

such amount shall be available on October 1, 2011, and shall remain available through September 30, 2013, to carry out activities 

under section 3111(c)(1)(C): Provided, That the Secretary shall use 

estimates of the American Community Survey child counts for the 

most recent 3-year period available to calculate allocations under 

such part. 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education 

Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment 


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Act of 2004, $12,647,066,000, of which $3,115,716,000 shall become 

available on July 1, 2012, and shall remain available through September 30, 2013, and of which $9,283,383,000 shall become available on October 1, 2012, and shall remain available through September 30, 2013, for academic year 2012–2013: Provided, That the 

amount for section 611(b)(2) of the IDEA shall be equal to the lesser 

of the amount available for that activity during fiscal year 2011, increased by the amount of inflation as specified in section 

619(d)(2)(B) of the IDEA, or the percent change in the funds appropriated under section 611(i) of the IDEA, but not less than the 

amount for that activity during fiscal year 2011: Provided further, 

That $2,000,000, to remain available for obligation through September 30, 2013, shall be for activities aimed at improving the outcomes of children receiving Supplemental Security Income (SSI) 

and their families, which may include competitive grants to States 

to improve the provision and coordination of services for SSI child 

recipients in order to achieve improved health status, including both 

physical and emotional health, and education and post-school outcomes, including completion of postsecondary education and employment, and to improve services and supports to the families or 

households of the SSI child recipient, such as education and job 

training for the parents: Provided further, That States may award 

subgrants for a portion of the funds to other public and private, 

non-profit entities. 

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the 

Helen Keller National Center Act, $3,512,019,000: Provided, That 

the Secretary may use amounts provided in this Act that remain 

available subsequent to the reallotment of funds to States pursuant 

to section 110(b) of the Rehabilitation Act for activities aimed at improving the outcomes of children receiving Supplemental Security 

Income (SSI) and their families, including competitive grants to 

States to improve the provision and coordination of services for SSI 

child recipients in order to achieve improved health status, education and post-school outcomes, including completion of postsecondary education and employment, and to improve services and 

supports to the family or households of the SSI child recipient, such 

as education and job training for the parents: Provided further, 

That States may award subgrants for a portion of the funds to other 

public and private, non-profit entities: Provided further, That any 

funds made available subsequent to reallotment for activities aimed 

at improving the outcomes of children receiving SSI and their families shall remain available until September 30, 2013: Provided further, That $2,000,000 shall be for competitive grants to support alternative financing programs that provide for the purchase of assistive technology devices, such as a low-interest loan fund; an interest 

buy-down program; a revolving loan fund; a loan guarantee; or insurance program: Provided further, That applicants shall provide 

an assurance that, and information describing the manner in 

which, the alternative financing program will expand and emphasize consumer choice and control: Provided further, That State 

agencies and community-based disability organizations that are diVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00315 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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rected by and operated for individuals with disabilities shall be eligible to compete. 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, $24,551,000. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles I 

and II of the Education of the Deaf Act of 1986, $65,546,000: Provided, That from the total amount available, the Institute may at 

its discretion use funds for the endowment program as authorized 

under section 207 of such Act. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf Act of 

1986, $125,754,000, of which $7,990,000 shall be for construction 

and shall remain available until expended: Provided, That from the 

total amount available, the University may at its discretion use 

funds for the endowment program as authorized under section 207 

of such Act. 

CAREER, TECHNICAL, AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the Carl 

D. Perkins Career and Technical Education Act of 2006 and the 

Adult Education and Family Literacy Act (referred to in this Act as 

the ‘‘AEFLA’’), $1,738,946,000, of which $947,946,000 shall become 

available on July 1, 2012, and shall remain available through September 30, 2013, and of which $791,000,000 shall become available 

on October 1, 2012, and shall remain available through September 

30, 2013: Provided, That of the amount provided for Adult Education State Grants, $74,850,000 shall be made available for integrated English literacy and civics education services to immigrants 

and other limited-English-proficient populations: Provided further, 

That of the amount reserved for integrated English literacy and 

civics education, notwithstanding section 211 of the AEFLA, 65 percent shall be allocated to States based on a State’s absolute need as 

determined by calculating each State’s share of a 10-year average 

of the United States Citizenship and Immigration Services data for 

immigrants admitted for legal permanent residence for the 10 most 

recent years, and 35 percent allocated to States that experienced 

growth as measured by the average of the 3 most recent years for 

which United States Citizenship and Immigration Services data for 

immigrants admitted for legal permanent residence are available, 

except that no State shall be allocated an amount less than $60,000: 

Provided further, That of the amounts made available for AEFLA, 

$11,323,000 shall be for national leadership activities under section 

243. 


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STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1 and 3 of part A, and part C of title 

IV of the HEA, $24,538,521,000, which shall remain available 

through September 30, 2013. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2012–2013 shall be $4,860. 

STUDENT AID ADMINISTRATION

For Federal administrative expenses to carry out part D of title 

I, and subparts 1, 3, 4, 9, and 10 of part A, and parts B, C, D, and 

E of title IV of the HEA, $1,045,363,000, to remain available until 

September 30, 2013. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, titles II, 

III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational 

and Cultural Exchange Act of 1961, and section 117 of the Carl D. 

Perkins Career and Technical Education Act of 2006, 

$1,873,196,000: Provided, That $608,000 shall be for data collection 

and evaluation activities for programs under the HEA, including 

such activities needed to comply with the Government Performance 

and Results Act of 1993: Provided further, That notwithstanding 

any other provision of law, funds made available in this Act to 

carry out title VI of the HEA and section 102(b)(6) of the Mutual 

Educational and Cultural Exchange Act of 1961 may be used to 

support visits and study in foreign countries by individuals who are 

participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge 

of these countries in the fields of government, the professions, or 

international development: Provided further, That of the funds referred to in the preceding proviso up to 1 percent may be used for 

program evaluation, national outreach, and information dissemination activities: Provided further, That notwithstanding any other 

provision of law, a recipient of a multi-year award under section 

316 of the HEA, as that section was in effect prior to the date of 

enactment of the Higher Education Opportunity Act (referred to in 

this Act as ‘‘HEOA’’), that would have otherwise received a continuation award for fiscal year 2012 under that section, shall receive 

under section 316, as amended by the HEOA, not less than the 

amount that such recipient would have received under such a continuation award: Provided further, That the portion of the funds received under section 316 by a recipient described in the preceding 

proviso that is equal to the amount of such continuation award 

shall be used in accordance with the terms of such continuation 

award. 

HOWARD UNIVERSITY

For partial support of Howard University, $234,507,000, of 

which not less than $3,600,000 shall be for a matching endowment 

grant pursuant to the Howard University Endowment Act and shall 

remain available until expended. 


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COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses to carry out activities related to existing facility loans pursuant to section 121 of the HEA, 

$460,000. 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

For the cost of guaranteed loans, $20,188,000, as authorized 

pursuant to part D of title III of the HEA: Provided, That such 

costs, including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed 

$367,255,000: Provided further, That these funds may be used to 

support loans to public and private Historically Black Colleges and 

Universities without regard to the limitations within section 344(a) 

of the HEA. 

In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program 

entered into pursuant to part D of title III of the HEA, $353,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by the Education Sciences 

Reform Act of 2002, the National Assessment of Educational 

Progress Authorization Act, section 208 of the Educational Technical Assistance Act of 2002, and section 664 of the Individuals 

with Disabilities Education Act, $594,788,000, which shall remain 

available through September 30, 2013: Provided, That funds available to carry out section 208 of the Educational Technical Assistance Act may be used to link Statewide elementary and secondary 

data systems with early childhood, postsecondary, and workforce 

data systems, or to further develop such systems: Provided further, 

That up to $11,000,000 of the funds available to carry out section 

208 of the Educational Technical Assistance Act may be used for 

awards to public or private organizations or agencies to support activities to improve data coordination, quality, and use at the local, 

State, and national levels. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $447,104,000. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $102,818,000. 


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OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, 

as authorized by section 212 of the Department of Education Organization Act, $59,933,000. 

GENERAL PROVISIONS

SEC. 301. No funds appropriated in this Act may be used for 

the transportation of students or teachers (or for the purchase of 

equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of 

students or teachers (or for the purchase of equipment for such 

transportation) in order to carry out a plan of racial desegregation 

of any school or school system. 

SEC. 302. None of the funds contained in this Act shall be used 

to require, directly or indirectly, the transportation of any student 

to a school other than the school which is nearest the student’s 

home, except for a student requiring special education, to the school 

offering such special education, in order to comply with title VI of 

the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization 

of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing, or clustering. The prohibition described in this section does not 

include the establishment of magnet schools. 

SEC. 303. No funds appropriated in this Act may be used to 

prevent the implementation of programs of voluntary prayer and 

meditation in the public schools. 

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but 

no such appropriation shall be increased by more than 3 percent by 

any such transfer: Provided, That the transfer authority granted by 

this section shall not be used to create any new program or to fund 

any project or activity for which no funds are provided in this Act: 

Provided further, That the Committees on Appropriations of the 

House of Representatives and the Senate are notified at least 15 

days in advance of any transfer. 

SEC. 305. The Outlying Areas may consolidate funds received 

under this Act, pursuant to 48 U.S.C. 1469a, under part A of title 

V of the ESEA. 

SEC. 306. Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall 

be applied by substituting ‘‘2012’’ for ‘‘2009’’. 

SEC. 307. (a) Notwithstanding any other provision of law, the 

Secretary is authorized to modify the terms and conditions of gulf 

hurricane disaster loans to affected institutions pursuant to section 

2601 of Public Law 109–234 using the authority provided herein, on 

such terms as the Secretary, the Secretary of the Treasury, and the 

Director of the Office of Management and Budget jointly determine 

are in the best interests of both the United States and the borrowers, 


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and necessary to mitigate the economic effects of Hurricanes Katrina 

and Rita. Any modification under this section shall not result in 

any net cost to the Federal Government, as jointly determined by the 

Secretary, the Secretary of the Treasury, and the Director of the Office of Management and Budget, beginning on the date on which the 

Secretary modifies a loan under this section. 

(b) FEDERAL REGISTER NOTICE.—The Secretary, the Secretary 

of the Treasury, and the Director of the Office of Management and 

Budget, shall jointly publish a notice in the Federal Register prior 

to any modification of loans under paragraph (a) that— 

(1) establishes the terms and conditions governing the 

modifications authorized by paragraph (a); 

(2) includes an outline of the methodology and factors that 

the Secretary, the Secretary of the Treasury, and the Director of 

the Office of Management and Budget, will jointly consider in 

evaluating the modification of the loans made under this title; 

and 

(3) describes how the use of such methodology and consideration of such factors used to determine the modifications will 

ensure that loan modifications do not result in any net cost to 

the Federal Government. 

(c) FEES.—An affected institution that receives a modification to 

its disaster loan pursuant to section 2601 of Public Law 109–234 

shall pay a fee to the Secretary which shall be credited to the HBCU 

Hurricane Supplemental Loan Program. Such fees shall remain 

available without fiscal year limitation to pay the modification 

costs. The amount of the fee paid shall be equal to the modification 

cost as jointly determined by the Secretary, the Secretary of the 

Treasury, and the Director of the Office of Management and Budget, 

calculated in accordance with section 502 of the Federal Credit Reform Act of 1990, as amended, of such loan. 

SEC. 308. Section 14006(c)(2) of division A of the American Recovery and Reinvestment Act of 2009 (as amended by section 

1832(b) of division B of Public Law 112–10) is amended by inserting before the period, ‘‘except that such a State may use its grant 

funds to make subgrants to public or private agencies and organizations for activities consistent with the purposes of the grant’’. 

SEC. 309. (a) FEDERAL PELL GRANT ELIGIBILITY.— (1) MINIMUM LEVEL.—Section 401(b)(4) of the HEA (20 

U.S.C. 1070a(b)(4)) is amended by striking ‘‘, except that’’ and 

all that follows and inserting a period. 

(2) DURATION OF AWARD PERIOD.—Section 401(c)(5) of the 

HEA (20 U.S.C. 1070a(c)(5)) is amended— 

(A) by striking ‘‘18’’ each place it appears and inserting 

‘‘12’’; and 

(B) by striking the last sentence. 

(b) ZERO EXPECTED FAMILY CONTRIBUTION.—Section 479(c) of 

the HEA (20 U.S.C. 1087ss(c)) is amended— 

(1) in paragraph (1)(B), by striking ‘‘$30,000’’ and inserting ‘‘$23,000’’; and 

(2) in paragraph (2)(B), by striking ‘‘$30,000’’ and inserting ‘‘$23,000’’. 

(c) STUDENTS WHO ARE NOT HIGH SCHOOL GRADUATES.— 

(1) AMENDMENT.—Section 484(d) of the HEA (20 U.S.C. 

1091(d)) is amended— 


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(A) in the matter preceding paragraph (1), by striking 

‘‘meet one of the following standards:’’; 

(B) by striking paragraphs (1), (2), and (4); and 

(C) in paragraph (3), by striking ‘‘(3) The student has’’ 

and inserting ‘‘have’’; and 

(2) TRANSITION.—The amendment made by paragraph (1) 

shall apply to students who first enroll in a program of study 

on or after July 1, 2012. 

(3) CONFORMING CHANGE.—Section 101(a)(1) of the HEA 

(20 U.S.C. 1001(a)(1) is amended by striking ‘‘section 484(d)(3)’’ 

and inserting ‘‘section 484(d)’’. 

(d) TEMPORARY ELIMINATION OF INTEREST SUBSIDY DURING

STUDENT LOAN GRACE PERIOD.— (1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C. 

1078(a)(3)(A)(i)(I)) is amended to read as follows: 

‘‘(I) which accrues prior to the date the student 

ceases to carry at least one-half the normal fulltime academic workload (as determined by the institution), or’’. 

(2) The amendment made by paragraph (1) shall apply to 

new Federal Direct Stafford Loans made on or after July 1, 

2012 and before July 1, 2014. 

(e) REVISED SPECIAL ALLOWANCE CALCULATION.— (1) REVISED CALCULATION RULE.—Section 438(b)(2)(I) of the 

HEA (20 U.S.C. 1087–1(b)(2)(I)) is amended by adding at the 

end the following: 

‘‘(vii) REVISED CALCULATION RULE TO REFLECT FI- NANCIAL MARKET CONDITIONS.— ‘‘(I) CALCULATION BASED ON LIBOR.—For the 

calendar quarter beginning on April 1, 2012 and 

each subsequent calendar quarter, in computing 

the special allowance paid pursuant to this subsection with respect to loans described in subclause 

(II), clause (i)(I) of this subparagraph shall be applied by substituting ‘of the 1-month London Inter 

Bank Offered Rate (LIBOR) for United States dollars in effect for each of the days in such quarter 

as compiled and released by the British Bankers 

Association’ for ‘of the quotes of the 3-month commercial paper (financial) rates in effect for each of 

the days in such quarter as reported by the Federal 

Reserve in Publication H–15 (or its successor) for 

such 3-month period’. 

‘‘(II) LOANS ELIGIBLE FOR LIBOR-BASED CALCULATION.—The special allowance paid pursuant 

to this subsection shall be calculated as described 

in subclause (I) with respect to special allowance 

payments for the 3-month period ending June 30, 

2012, and each succeeding 3-month period, on 

loans for which the first disbursement is made on 

or after January 1, 2000, and before July 1, 2010, 

if, not later than April 1, 2012, the holder of the 

loan (or, if the holder acts as eligible lender trustee 

for the beneficial owner of the loan, the beneficial 

owner of the loan), affirmatively and permanently 


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waives all contractual, statutory, or other legal 

rights to a special allowance paid pursuant to this 

subsection that is calculated using the formula in 

effect at the time the loans were first disbursed. 

‘‘(III) TERMS OF WAIVER.— ‘‘(aa) IN GENERAL.—A waiver pursuant to 

subclause (II) shall be in a form (printed or 

electronic) prescribed by the Secretary, and 

shall be applicable to— 

‘‘(AA) all loans described in such subclause that the lender holds solely in its 

own right under any lender identification 

number associated with the holder (pursuant to section 487B); 

‘‘(BB) all loans described in such subclause for which the beneficial owner has 

the authority to make an election of a 

waiver under such subclause, regardless 

of the lender identification number associated with the loan or the lender that holds 

the loan as eligible lender trustee on behalf of such beneficial owner; and 

‘‘(CC) all future calculations of the 

special allowance on loans that, on the 

date of such waiver, are loans described in 

subitem (AA) or (BB), or that, after such 

date, become loans described in subitem 

(AA) or (BB). 

‘‘(bb) EXCEPTIONS.—Any waiver pursuant 

to subclause (II) that is elected for loans described in subitem (AA) or (BB) of item (aa) 

shall not apply to any loan described in such 

subitem for which the lender or beneficial 

owner of the loan demonstrates to the satisfaction of the Secretary that— 

‘‘(AA) in accordance with an agreement entered into before the date of enactment of this section by which such lender 

or owner is governed and that applies to 

such loans, such lender or owner is not legally permitted to make an election of 

such waiver with respect to such loans 

without the approval of one or more third 

parties with an interest in the loans, and 

that the lender or owner followed all 

available options under such agreement to 

obtain such approval, and was unable to 

do so; or 

‘‘(BB) such lender or beneficial owner 

presented the proposal of electing such a 

waiver applicable to such loans associated 

with an obligation rated by a nationally 

recognized statistical rating organization 

(as defined in section 3(a)(62) of the Securities Exchange Act of 1934), and such 


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rating organization provided a written 

opinion that the agency would downgrade 

the rating applicable to such obligation if 

the lender or owner elected such a waiver.’’. 

(2) CONFORMING AMENDMENTS.—Section 438(b)(2)(I) of the 

HEA (20 U.S.C. 1087–1(b)(2)(I)) is further amended— 

(A) in clause (i)(II), by striking ‘‘such average bond 

equivalent rate’’ and inserting ‘‘the rate determined under 

subclause (I) (in accordance with clause (vii))’’; and 

(B) in clause (v)(III), by striking ‘‘(iv), and (vi)’’ and inserting ‘‘(iv), (vi), and (vii)’’. 

(f) REAPPROPRIATION OF MANDATORY SAVINGS.—Section 

401(b)(7)(A)(iv) of the HEA (20 U.S.C. 1070a(b)(7)(A)(iv)) is amended to read as follows: 

‘‘(iv) to carry out this section— ‘‘(I) $13,500,000,000 for fiscal year 2011; 

‘‘(II) $13,795,000,000 for fiscal year 2012; 

‘‘(III) $7,587,000,000 for fiscal year 2013; 

‘‘(IV) $588,000,000 for fiscal year 2014; 

‘‘(V) $0 for fiscal year 2015; 

‘‘(VI) $0 for fiscal year 2016; 

‘‘(VII) $1,574,000,000 for fiscal year 2017; 

‘‘(VIII) $1,382,000,000 for fiscal year 2018; 

‘‘(IX) $1,409,000,000 for fiscal year 2019; 

‘‘(X) $1,430,000,000 for fiscal year 2020; and 

‘‘(XI) $1,145,000,000 for fiscal year 2021 and 

each succeeding fiscal year.’’. 

(g) EFFECTIVE DATE.—The amendments made by subsections 

(a), (b), and (c) shall take effect on July 1, 2012. 

(h) INAPPLICABILITY OF NEGOTIATED RULEMAKING AND MASTER

CALENDAR EXCEPTION.—Sections 482(c) and 492 of the HEA (20 

U.S.C. 1089(c), 1098a) shall not apply to the amendments made by 

this section, or to any regulations promulgated under those amendments. 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2012’’. 

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For expenses necessary for the Committee for Purchase From 

People Who Are Blind or Severely Disabled established by Public 

Law 92–28, $5,385,000. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

OPERATING EXPENSES

For necessary expenses for the Corporation for National and 

Community Service (referred to in this title as ‘‘CNCS’’) to carry out 


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the Domestic Volunteer Service Act of 1973 (referred to in this title 

as ‘‘1973 Act’’) and the National and Community Service Act of 

1990 (referred to in this title as ‘‘1990 Act’’), $751,672,000, notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) 

of the 1990 Act: Provided, That of the amounts provided under this 

heading: (1) up to 1 percent of program grant funds may be used 

to defray the costs of conducting grant application reviews, including the use of outside peer reviewers and electronic management of 

the grants cycle; (2) $44,900,000 shall be available for expenses authorized under section 501(a)(4)(E) of the 1990 Act; (3) $2,000,000 

shall be available for expenses to carry out sections 112(e), 179A, 

and 198O and subtitle J of title I of the 1990 Act, notwithstanding 

section 501(a)(6) of the 1990 Act; (4) $13,466,000 shall be available 

to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (5) $31,942,000 shall 

be available to carry out subtitle E of the 1990 Act; and (6) 

$3,992,000 shall be available for expenses authorized under section 

501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions 

of section 198P shall be awarded by CNCS on a competitive basis: 

Provided further, That, with respect to amounts provided under this 

heading for State Service Commissions, section 126 of the 1990 Act 

shall be applied by substituting ‘‘$200,000’’ for ‘‘$250,000’’ each 

place that it appears. 

NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the National Service Trust established under subtitle D of title I of the 1990 Act, $212,198,000, to 

remain available until expended: Provided, That CNCS may transfer additional funds from the amount provided within ‘‘Operating 

Expenses’’ allocated to grants under subtitle C of title I of the 1990 

Act to the National Service Trust upon determination that such 

transfer is necessary to support the activities of national service participants and after notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That amounts appropriated for or transferred to the 

National Service Trust may be invested under section 145(b) of the 

1990 Act without regard to the requirement to apportion funds 

under 31 U.S.C. 1513(b). 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under section 501(a)(5) of the 1990 Act and under section 504(a) of the 1973 

Act, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District 

of Columbia, the employment of experts and consultants authorized 

under 5 U.S.C. 3109, and not to exceed $2,500 for official reception 

and representation expenses, $83,000,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $4,000,000. 


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ADMINISTRATIVE PROVISIONS

SEC. 401. CNCS shall make any significant changes to program 

requirements, service delivery or policy only through public notice 

and comment rulemaking. For fiscal year 2012, during any grant 

selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding 

such selection, directly or indirectly, to any person other than an officer or employee of CNCS that is authorized by CNCS to receive 

such information. 

SEC. 402. AmeriCorps programs receiving grants under the National Service Trust program shall meet an overall minimum share 

requirement of 24 percent for the first 3 years that they receive 

AmeriCorps funding, and thereafter shall meet the overall minimum share requirement as provided in section 2521.60 of title 45, 

Code of Federal Regulations, without regard to the operating costs 

match requirement in section 121(e) or the member support Federal 

share limitations in section 140 of the 1990 Act, and subject to partial waiver consistent with section 2521.70 of title 45, Code of Federal Regulations. 

SEC. 403. Donations made to CNCS under section 196 of the 

1990 Act for the purposes of financing programs and operations 

under titles I and II of the 1973 Act or subtitle B, C, D, or E of title 

I of the 1990 Act shall be used to supplement and not supplant current programs and operations. 

SEC. 404. In addition to the requirements in section 146(a) of 

the 1990 Act, use of an educational award for the purpose described 

in section 148(a)(4) shall be limited to individuals who are veterans 

as defined under section 101 of the Act. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting (referred to in this Act as ‘‘CPB’’), as authorized by the Communications Act of 1934, an amount which shall be available within limitations specified by that Act, for the fiscal year 2014, $445,000,000: 

Provided, That none of the funds made available to CPB by this Act 

shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, 

That none of the funds made available to CPB by this Act shall be 

available or used to aid or support any program or activity from 

which any person is excluded, or is denied benefits, or is discriminated against, on the basis of race, color, national origin, religion, 

or sex: Provided further, That none of the funds made available to 

CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of CPB: 

Provided further, That none of the funds made available to CPB by 

this Act shall be used to support the Television Future Fund or any 

similar purpose. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it by the 


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Labor-Management Relations Act, 1947, including hire of passenger 

motor vehicles; for expenses necessary for the Labor-Management 

Cooperation Act of 1978; and for expenses necessary for the Service 

to carry out the functions vested in it by the Civil Service Reform 

Act, $46,250,000: Provided, That notwithstanding 31 U.S.C. 3302, 

fees charged, up to full-cost recovery, for special training activities 

and other conflict resolution services and technical assistance, including those provided to foreign governments and international organizations, and for arbitration services shall be credited to and 

merged with this account, and shall remain available until expended: Provided further, That fees for arbitration services shall be 

available only for education, training, and professional development 

of the agency workforce: Provided further, That the Director of the 

Service is authorized to accept and use on behalf of the United 

States gifts of services and real, personal, or other property in the 

aid of any projects or functions within the Director’s jurisdiction. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health 

Review Commission, $17,637,000. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

For carrying out the Museum and Library Services Act of 1996 

and the National Museum of African American History and Culture 

Act, $232,393,000. 

MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1900 of the Social 

Security Act, $6,000,000. 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social 

Security Act, $11,800,000, to be transferred to this appropriation 

from the Federal Hospital Insurance Trust Fund and the Federal 

Supplementary Medical Insurance Trust Fund. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, 

$3,264,000. 


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NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management Relations Act, 1947, and other laws, $278,833,000: Provided, That no 

part of this appropriation shall be available to organize or assist in 

organizing agricultural laborers or used in connection with investigations, hearings, directives, or orders concerning bargaining 

units composed of agricultural laborers as referred to in section 2(3) 

of the Act of July 5, 1935, and as amended by the Labor-Management Relations Act, 1947, and as defined in section 3(f) of the Act 

of June 25, 1938, and including in said definition employees engaged in the maintenance and operation of ditches, canals, reservoirs, and waterways when maintained or operated on a mutual, 

nonprofit basis and at least 95 percent of the water stored or supplied thereby is used for farming purposes. 

ADMINISTRATIVE PROVISION

SEC. 405. None of the funds provided by this Act or previous 

Acts making appropriations for the National Labor Relations Board 

may be used to issue any new administrative directive or regulation 

that would provide employees any means of voting through any electronic means in an election to determine a representative for the 

purposes of collective bargaining. 

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,436,000. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health 

Review Commission, $11,689,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized 

under section 15(d) of the Railroad Retirement Act of 1974, 

$51,000,000, which shall include amounts becoming available in 

fiscal year 2012 pursuant to section 224(c)(1)(B) of Public Law 98– 

76; and in addition, an amount, not to exceed 2 percent of the 

amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds the amount available for payment of vested dual 

benefits: Provided, That the total amount provided herein shall be 

credited in 12 approximately equal amounts on the first day of each 

month in the fiscal year. 


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FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for the 

payment of benefits under the Railroad Retirement Act for interest 

earned on unnegotiated checks, $150,000, to remain available 

through September 30, 2013, which shall be the maximum amount 

available for payment pursuant to section 417 of Public Law 98–76. 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board 

(‘‘Board’’) for administration of the Railroad Retirement Act and the 

Railroad Unemployment Insurance Act, $108,855,000, to be derived 

in such amounts as determined by the Board from the railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund. 

LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General for 

audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, not more than $8,170,000, to be derived 

from the railroad retirement accounts and railroad unemployment 

insurance account. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund, as 

provided under sections 201(m), 228(g), and 1131(b)(2) of the Social 

Security Act, $20,404,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93–66, 

as amended, and section 405 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses 

incurred pursuant to section 201(g)(1) of the Social Security Act, 

$37,582,991,000, to remain available until expended: Provided, 

That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be 

returned to the Treasury: Provided further, That not more than 

$8,000,000 shall be available for research and demonstrations 

under sections 1110 and 1144 of the Social Security Act and remain 

available through September 30, 2013. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security Act, 

for unanticipated costs incurred for the current fiscal year, such 

sums as may be necessary. 

For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2013, $18,200,000,000, 

to remain available until expended. 


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LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $20,000 for official reception and 

representation expenses, not more than $10,555,494,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, 

from any one or all of the trust funds referred to in such section: 

Provided, That not less than $2,150,000 shall be for the Social Security Advisory Board: Provided further, That unobligated balances 

of funds provided under this paragraph at the end of fiscal year 

2012 not needed for fiscal year 2012 shall remain available until expended to invest in the Social Security Administration information 

technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative expenses associated solely with this information technology and 

telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify the Committees on Appropriations of the House of Representatives and the Senate prior to 

making unobligated balances available under the authority in the 

previous proviso: Provided further, That reimbursement to the trust 

funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 

7131, and for facilities or support services for labor organizations 

pursuant to policies, regulations, or procedures referred to in section 

7135(b) of such title shall be made by the Secretary of the Treasury, 

with interest, from amounts in the general fund not otherwise appropriated, as soon as possible after such expenditures are made. 

In addition, for continuing disability reviews under titles II and 

XVI of the Social Security Act and for the cost associated with conducting redeterminations of eligibility under title XVI of the Social 

Security Act, $274,000,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the 

trust funds referred to therein: Provided, That the Commissioner 

shall provide to the Congress (at the conclusion of the fiscal year) 

a report on the obligation and expenditure of these funds, similar 

to the reports that were required by section 103(d)(2) of Public Law 

104–121 for fiscal years 1996 through 2002. 

In addition, $161,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such sections 

in fiscal year 2012 exceed $161,000,000, the amounts shall be available in fiscal year 2013 only to the extent provided in advance in 

appropriations Acts. 

In addition, up to $1,000,000 to be derived from fees collected 

pursuant to section 303(c) of the Social Security Protection Act, 

which shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$28,942,000, together with not to exceed $73,535,000, to be transVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00329 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ferred and expended as authorized by section 201(g)(1) of the Social 

Security Act from the Federal Old-Age and Survivors Insurance 

Trust Fund and the Federal Disability Insurance Trust Fund. 

In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ‘‘Limitation 

on Administrative Expenses’’, Social Security Administration, to be 

merged with this account, to be available for the time and purposes 

for which this account is available: Provided, That notice of such 

transfers shall be transmitted promptly to the Committees on Appropriations of the House of Representatives and the Senate at least 15 

days in advance of any transfer. 

TITLE V 

GENERAL PROVISIONS 

(TRANSFER OF FUNDS)

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall be 

used for the same purpose, and for the same periods of time, for 

which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this Act 

or transferred pursuant to section 4002 of Public Law 111–148 shall 

be used, other than for normal and recognized executive-legislative 

relationships, for publicity or propaganda purposes, for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, 

electronic communication, radio, television, or video presentation designed to support or defeat the enactment of legislation before the 

Congress or any State or local legislature or legislative body, except 

in presentation to the Congress or any State or local legislature 

itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive 

branch of any State or local government, except in presentation to 

the executive branch of any State or local government itself. 

(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be 

used to pay the salary or expenses of any grant or contract recipient, 

or agent acting for such recipient, related to any activity designed 

to influence the enactment of legislation, appropriations, regulation, 

administrative action, or Executive order proposed or pending before 

the Congress or any State government, State legislature or local legislature or legislative body, other than for normal and recognized 

executive-legislative relationships or participation by an agency or 

officer of a State, local or tribal government in policymaking and 

administrative processes within the executive branch of that government. 

(c) The prohibitions in subsections (a) and (b) shall include any 

activity to advocate or promote any proposed, pending or future Federal, State or local tax increase, or any proposed, pending, or future 

requirement or restriction on any legal consumer product, including 


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its sale or marketing, including but not limited to the advocacy or 

promotion of gun control. 

SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I 

and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available 

for ‘‘Federal Mediation and Conciliation Service, Salaries and Expenses’’; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation 

expenses not to exceed $5,000 from funds available for ‘‘National 

Mediation Board, Salaries and Expenses’’. 

SEC. 505. When issuing statements, press releases, requests for 

proposals, bid solicitations and other documents describing projects 

or programs funded in whole or in part with Federal money, all 

grantees receiving Federal funds included in this Act, including but 

not limited to State and local governments and recipients of Federal 

research grants, shall clearly state— 

(1) the percentage of the total costs of the program or 

project which will be financed with Federal money; 

(2) the dollar amount of Federal funds for the project or 

program; and 

(3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 506. (a) None of the funds appropriated in this Act, and 

none of the funds in any trust fund to which funds are appropriated 

in this Act, shall be expended for any abortion. 

(b) None of the funds appropriated in this Act, and none of the 

funds in any trust fund to which funds are appropriated in this Act, 

shall be expended for health benefits coverage that includes coverage 

of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package of 

services covered by a managed care provider or organization pursuant to a contract or other arrangement. 

SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion— 

(1) if the pregnancy is the result of an act of rape or incest; 

or 

(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person 

of State, local, or private funds (other than a State’s or locality’s 

contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds 


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(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

(d)(1) None of the funds made available in this Act may be 

made available to a Federal agency or program, or to a State or 

local government, if such agency, program, or government subjects 

any institutional or individual health care entity to discrimination 

on the basis that the health care entity does not provide, pay for, 

provide coverage of, or refer for abortions. 

(2) In this subsection, the term ‘‘health care entity’’ includes an 

individual physician or other health care professional, a hospital, a 

provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care facility, organization, or plan. 

SEC. 508. (a) None of the funds made available in this Act may 

be used for— 

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or 

death greater than that allowed for research on fetuses in utero 

under 45 CFR 46.204(b) and section 498(b) of the Public Health 

Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject 

under 45 CFR 46 as of the date of the enactment of this Act, that 

is derived by fertilization, parthenogenesis, cloning, or any other 

means from one or more human gametes or human diploid cells. 

SEC. 509. (a) None of the funds made available in this Act may 

be used for any activity that promotes the legalization of any drug 

or other substance included in schedule I of the schedules of controlled substances established under section 202 of the Controlled 

Substances Act except for normal and recognized executive-congressional communications. 

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the use 

of such drug or other substance or that federally sponsored clinical 

trials are being conducted to determine therapeutic advantage. 

SEC. 510. None of the funds made available in this Act may be 

used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act providing for, or providing for the 

assignment of, a unique health identifier for an individual (except 

in an individual’s capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard. 

SEC. 511. None of the funds made available in this Act may be 

obligated or expended to enter into or renew a contract with an entity if— 

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in 38 U.S.C. 4212(d) 

regarding submission of an annual report to the Secretary of 

Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required by 

that section for the most recent year for which such requirement 

was applicable to such entity. 


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SEC. 512. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 513. None of the funds made available by this Act to carry 

out the Library Services and Technology Act may be made available 

to any library covered by paragraph (1) of section 224(f) of such Act, 

as amended by the Children’s Internet Protection Act, unless such 

library has made the certifications required by paragraph (4) of 

such section. 

SEC. 514. None of the funds made available by this Act to carry 

out part D of title II of the Elementary and Secondary Education 

Act of 1965 may be made available to any elementary or secondary 

school covered by paragraph (1) of section 2441(a) of such Act, as 

amended by the Children’s Internet Protection Act and the No Child 

Left Behind Act, unless the local educational agency with responsibility for such covered school has made the certifications required 

by paragraph (2) of such section. 

SEC. 515. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by 

this Act that remain available for obligation or expenditure in fiscal 

year 2012, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; 

(5) reorganizes or renames offices; 

(6) reorganizes programs or activities; or 

(7) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2012, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds in excess of $500,000 or 10 

percent, whichever is less, that— 

(1) augments existing programs, projects (including construction projects), or activities; 

(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent as approved by Congress; or 


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(3) results from any general savings from a reduction in 

personnel which would result in a change in existing programs, 

activities, or projects as approved by Congress; 

unless the Committees on Appropriations of the House of Representatives and the Senate are notified 15 days in advance of such reprogramming or of an announcement of intent relating to such reprogramming, whichever occurs earlier. 

SEC. 516. (a) None of the funds made available in this Act may 

be used to request that a candidate for appointment to a Federal 

scientific advisory committee disclose the political affiliation or voting history of the candidate or the position that the candidate holds 

with respect to political issues not directly related to and necessary 

for the work of the committee involved. 

(b) None of the funds made available in this Act may be used 

to disseminate information that is deliberately false or misleading. 

SEC. 517. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit an 

operating plan that details at the program, project, and activity 

level any funding allocations for fiscal year 2012 that are different 

than those specified in this Act, the accompanying detailed table in 

the statement of the managers on the conference report accompanying this Act, or the fiscal year 2012 budget request. 

SEC. 518. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the number and amount of contracts, grants, and 

cooperative agreements exceeding $500,000 in value and awarded by 

the Department on a non-competitive basis during each quarter of 

fiscal year 2012, but not to include grants awarded on a formula 

basis or directed by law. Such report shall include the name of the 

contractor or grantee, the amount of funding, the governmental purpose, including a justification for issuing the award on a non-competitive basis. Such report shall be transmitted to the Committees 

within 30 days after the end of the quarter for which the report is 

submitted. 

SEC. 519. None of the funds appropriated or otherwise made 

available by this Act may be used to enter into a contract in an 

amount greater than $5,000,000 or to award a grant in excess of 

such amount unless the prospective contractor or grantee certifies in 

writing to the agency awarding the contract or grant that, to the 

best of its knowledge and belief, the contractor or grantee has filed 

all Federal tax returns required during the 3 years preceding the 

certification, has not been convicted of a criminal offense under the 

Internal Revenue Code of 1986, and has not, more than 90 days 

prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service 

and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. 

SEC. 520. None of the funds appropriated in this Act shall be 

expended or obligated by the Commissioner of Social Security, for 

purposes of administering Social Security benefit payments under 

title II of the Social Security Act, to process any claim for credit for 

a quarter of coverage based on work performed under a social secuVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00334 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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rity account number that is not the claimant’s number and the performance of such work under such number has formed the basis for 

a conviction of the claimant of a violation of section 208(a)(6) or (7) 

of the Social Security Act. 

SEC. 521. None of the funds appropriated by this Act may be 

used by the Commissioner of Social Security or the Social Security 

Administration to pay the compensation of employees of the Social 

Security Administration to administer Social Security benefit payments, under any agreement between the United States and Mexico 

establishing totalization arrangements between the social security 

system established by title II of the Social Security Act and the social security system of Mexico, which would not otherwise be payable but for such agreement. 

(RESCISSION)

SEC. 522. Of the funds made available for performance bonus 

payments under section 2105(a)(3)(E) of the Social Security Act, 

$6,367,964,000 are hereby rescinded. 

SEC. 523. Notwithstanding any other provision of this Act, no 

funds appropriated in this Act shall be used to carry out any program of distributing sterile needles or syringes for the hypodermic 

injection of any illegal drug. 

(RESCISSION)

SEC. 524. Of the funds made available under section 1322 of 

Public Law 111–148, $400,000,000 are rescinded. 

(RESCISSION)

SEC. 525. Of the funds made available for fiscal year 2012 

under section 3403 of Public Law 111–148, $10,000,000 are rescinded. 

SEC. 526. Not later than 30 days after the end of each calendar 

quarter, beginning with the first quarter of fiscal year 2013, the Departments of Labor, Health and Human Services and Education 

and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate 

a quarterly report on the status of balances of appropriations: Provided, That for balances that are unobligated and uncommitted, 

committed, and obligated but unexpended, the quarterly reports 

shall separately identify the amounts attributable to each source 

year of appropriation (beginning with fiscal year 2012, or, to the extent feasible, earlier fiscal years) from which balances were derived. 

SEC. 527. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby rescinded an amount equal to 0.189 percent of— 

(1) the budget authority provided for fiscal year 2012 for 

any discretionary account of this Act; and 

(2) the budget authority provided in any advance appropriation for fiscal year 2012 for any discretionary account in 

prior Acts making appropriations for the Departments of Labor, 

Health and Human Services, and Education, and Related 

Agencies. 

(b) PROPORTIONATE APPLICATION.—Any rescission made by subsection (a) shall be applied proportionately— 


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(1) to each discretionary account and each item of budget 

authority described in such subsection; and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities as 

delineated in this Act or the accompanying statement of managers). 

(c) EXCEPTION.—This section shall not apply to discretionary 

authority appropriated for the Federal Pell Grants program under 

the heading ‘‘Department of Education, Student Financial Assistance’’. 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section, the Director of the Office of Management and 

Budget shall submit to the Committees on Appropriations of the 

House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to this section. 

This division may be cited as the ‘‘Departments of Labor, 

Health and Human Services, and Education, and Related Agencies 

Appropriations Act, 2012’’. 

DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS 

ACT, 2012 

TITLE I 

LEGISLATIVE BRANCH 

SENATE 

EXPENSE ALLOWANCES

For expense allowances of the Vice President, $18,760; the 

President Pro Tempore of the Senate, $37,520; Majority Leader of 

the Senate, $39,920; Minority Leader of the Senate, $39,920; Majority Whip of the Senate, $9,980; Minority Whip of the Senate, $9,980; 

Chairmen of the Majority and Minority Conference Committees, 

$4,690 for each Chairman; and Chairmen of the Majority and Minority Policy Committees, $4,690 for each Chairman; in all, 

$174,840. 

REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY

LEADERS

For representation allowances of the Majority and Minority Leaders of the Senate, $14,070 for each such Leader; in all, $28,140. 

SALARIES, OFFICERS AND EMPLOYEES

For compensation of officers, employees, and others as authorized by law, including agency contributions, $175,763,738, which 

shall be paid from this appropriation without regard to the following limitations: 

OFFICE OF THE VICE PRESIDENT

For the Office of the Vice President, $2,361,248. 

OFFICE OF THE PRESIDENT PRO TEMPORE

For the Office of the President Pro Tempore, $705,466. 


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OFFICES OF THE MAJORITY AND MINORITY LEADERS

For Offices of the Majority and Minority Leaders, $5,201,576. 

OFFICES OF THE MAJORITY AND MINORITY WHIPS

For Offices of the Majority and Minority Whips, $3,281,424. 

COMMITTEE ON APPROPRIATIONS

For salaries of the Committee on Appropriations, $14,863,573. 

CONFERENCE COMMITTEES

For the Conference of the Majority and the Conference of the 

Minority, at rates of compensation to be fixed by the Chairman of 

each such committee, $1,619,195 for each such committee; in all, 

$3,238,390. 

OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE

MAJORITY AND THE CONFERENCE OF THE MINORITY

For Offices of the Secretaries of the Conference of the Majority 

and the Conference of the Minority, $797,402. 

POLICY COMMITTEES

For salaries of the Majority Policy Committee and the Minority 

Policy Committee, $1,653,905 for each such committee; in all, 

$3,307,810. 

OFFICE OF THE CHAPLAIN

For Office of the Chaplain, $405,886. 

OFFICE OF THE SECRETARY

For Office of the Secretary, $24,194,115. 

OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER

For Office of the Sergeant at Arms and Doorkeeper, 

$73,000,000. 

OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY

For Offices of the Secretary for the Majority and the Secretary 

for the Minority, $1,722,388. 

AGENCY CONTRIBUTIONS AND RELATED EXPENSES

For agency contributions for employee benefits, as authorized by 

law, and related expenses, $42,684,460. 

OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE

For salaries and expenses of the Office of the Legislative Counsel of the Senate, $6,995,300. 


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OFFICE OF SENATE LEGAL COUNSEL

For salaries and expenses of the Office of Senate Legal Counsel, 

$1,449,000. 

EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE

For expense allowances of the Secretary of the Senate, $7,110; 

Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary 

for the Majority of the Senate, $7,110; Secretary for the Minority of 

the Senate, $7,110; in all, $28,440. 

CONTINGENT EXPENSES OF THE SENATE

INQUIRIES AND INVESTIGATIONS

For expenses of inquiries and investigations ordered by the Senate, or conducted under paragraph 1 of rule XXVI of the Standing 

Rules of the Senate, section 112 of the Supplemental Appropriations 

and Rescission Act, 1980 (Public Law 96–304), and Senate Resolution 281, 96th Congress, agreed to March 11, 1980, $131,305,860, 

of which $26,650,000 shall be available until September 30, 2014. 

EXPENSES OF THE UNITED STATES SENATE CAUCUS ON

INTERNATIONAL NARCOTICS CONTROL

For expenses of the United States Senate Caucus on International Narcotics Control, $487,822. 

SECRETARY OF THE SENATE

For expenses of the Office of the Secretary of the Senate 

$5,816,344 of which $4,200,000 shall remain available until September 30, 2016. 

SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE

For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $130,722,080, which shall remain available 

until September 30, 2016. 

MISCELLANEOUS ITEMS

For miscellaneous items, $19,360,000, which shall remain 

available until September 30, 2014. 

SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT

For Senators’ Official Personnel and Office Expense Account, 

$396,180,000 of which $18,921,206 shall remain available until 

September 30, 2014. 

OFFICIAL MAIL COSTS

For expenses necessary for official mail costs of the Senate, 

$281,436. 


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ADMINISTRATIVE PROVISION

PAYMENT OF CERTAIN EXPENSES

SEC. 1. (a) IN GENERAL.—Subject to the approval of the Committee on Appropriations of the Senate, if in any fiscal year 

amounts in any appropriations account under the heading ‘‘SENATE’’ under the heading ‘‘LEGISLATIVE BRANCH’’ are available 

for more than 1 fiscal year, the Secretary of the Senate may establish procedures for the payment of expenses with respect to that account from any amounts available for that fiscal year. 

(b) EFFECTIVE DATE.—This section shall apply to fiscal year 

2012 and each fiscal year thereafter. 

HOUSE OF REPRESENTATIVES 

SALARIES AND EXPENSES

For salaries and expenses of the House of Representatives, 

$1,225,680,000, as follows: 

HOUSE LEADERSHIP OFFICES

For salaries and expenses, as authorized by law, $23,275,773, 

including: Office of the Speaker, $6,942,770, including $25,000 for 

official expenses of the Speaker; Office of the Majority Floor Leader, 

$2,277,595, including $10,000 for official expenses of the Majority 

Leader; Office of the Minority Floor Leader, $7,432,812, including 

$10,000 for official expenses of the Minority Leader; Office of the 

Majority Whip, including the Chief Deputy Majority Whip, 

$1,971,050, including $5,000 for official expenses of the Majority 

Whip; Office of the Minority Whip, including the Chief Deputy Minority Whip, $1,524,951, including $5,000 for official expenses of the 

Minority Whip; Republican Conference, $1,572,788; Democratic 

Caucus, $1,553,807. In addition to the amounts made available 

above, for salaries and expenses under this heading, to be available 

during the period beginning September 30, 2012, and ending December 31, 2013; $5,818,948, including: Office of the Speaker, 

$1,735,694, including $6,250 for official expenses of the Speaker; Office of the Majority Floor Leader, $569,399, including $2,500 for official expenses of the Majority Leader; Office of the Minority Floor 

Leader, $1,858,205, including $2,500 for official expenses of the Minority Leader; Office of the Majority Whip, including the Chief Deputy Majority Whip, $492,763, including $1,250 for official expenses 

of the Majority Whip; Office of the Minority Whip, including the 

Chief Deputy Minority Whip, $381,238, including $1,250 for official 

expenses of the Minority Whip; Republican Conference, $393,197; 

Democratic Caucus, $388,452. 

MEMBERS’ REPRESENTATIONAL ALLOWANCES

INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF

MEMBERS, AND OFFICIAL MAIL

For Members’ representational allowances, including Members’ 

clerk hire, official expenses, and official mail, $573,939,282. 


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COMMITTEE EMPLOYEES

STANDING COMMITTEES, SPECIAL AND SELECT

For salaries and expenses of standing committees, special and 

select, authorized by House resolutions, $125,964,870: Provided, 

That such amount shall remain available for such salaries and expenses until December 31, 2012. 

COMMITTEE ON APPROPRIATIONS

For salaries and expenses of the Committee on Appropriations, 

$26,665,785, including studies and examinations of executive agencies and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed: Provided, That such amount shall remain available for such salaries and expenses until December 31, 

2012. 

SALARIES, OFFICERS AND EMPLOYEES

For salaries and expenses of officers and employees, as authorized by law, $177,628,400, including: for salaries and expenses of 

the Office of the Clerk, including not more than $23,000, of which 

not more than $20,000 is for the Family Room, for official representation and reception expenses, $26,114,400, of which $2,000,000 

shall remain available until expended; for salaries and expenses of 

the Office of the Sergeant at Arms, including the position of Superintendent of Garages and the Office of Emergency Management, and 

including not more than $3,000 for official representation and reception expenses, $12,585,000 of which $4,445,000 shall remain 

available until expended; for salaries and expenses of the Office of 

the Chief Administrative Officer including not more than $3,000 for 

official representation and reception expenses, $116,782,000, of 

which $3,937,000 shall remain available until expended; for salaries and expenses of the Office of the Inspector General, $5,045,000; 

for salaries and expenses of the Office of General Counsel, 

$1,415,000; for the Office of the Chaplain, $179,000; for salaries 

and expenses of the Office of the Parliamentarian, including the 

Parliamentarian, $2,000 for preparing the Digest of Rules, and not 

more than $1,000 for official representation and reception expenses, 

$2,060,000; for salaries and expenses of the Office of the Law Revision Counsel of the House, $3,258,000; for salaries and expenses of 

the Office of the Legislative Counsel of the House, $8,814,000; for 

salaries and expenses of the Office of Interparliamentary Affairs, 

$859,000; for other authorized employees, $347,000; and for salaries 

and expenses of the Historian, $170,000. 

ALLOWANCES AND EXPENSES

For allowances and expenses as authorized by House resolution 

or law, $292,386,942, including: supplies, materials, administrative 

costs and Federal tort claims, $3,696,118; official mail for committees, leadership offices, and administrative offices of the House, 

$201,000; Government contributions for health, retirement, Social 

Security, and other applicable employee benefits, $264,848,219; 


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Business Continuity and Disaster Recovery, $17,112,072, of which 

$5,000,000 shall remain available until expended; transition activities for new members and staff, $1,721,533; Wounded Warrior Program $2,500,000, to remain available until expended; Office of Congressional Ethics, $1,548,000; and miscellaneous items including 

purchase, exchange, maintenance, repair and operation of House 

motor vehicles, interparliamentary receptions, and gratuities to 

heirs of deceased employees of the House, $760,000. 

ADMINISTRATIVE PROVISIONS

SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’ 

REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUC- TION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any 

other provision of law, any amounts appropriated under this Act for 

‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES— MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available 

only for fiscal year 2012. Any amount remaining after all payments 

are made under such allowances for fiscal year 2012 shall be deposited in the Treasury and used for deficit reduction (or, if there is 

no Federal budget deficit after all such payments have been made, 

for reducing the Federal debt, in such manner as the Secretary of 

the Treasury considers appropriate). 

(b) REGULATIONS.—The Committee on House Administration of 

the House of Representatives shall have authority to prescribe regulations to carry out this section. 

(c) DEFINITION.—As used in this section, the term ‘‘Member of 

the House of Representatives’’ means a Representative in, or a Delegate or Resident Commissioner to, the Congress. 

REPUBLICAN POLICY COMMITTEE

SEC. 102. (a) Section 109(a) of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 74a–13(a)) is amended by striking ‘‘the 

chair of the Republican Conference’’ and inserting the following: 

‘‘the Speaker of the House of Representatives (or, if the Speaker is 

not a member of the Republican Party, the Minority Leader of the 

House of Representatives)’’. 

(b) Section 109(b) of such Act (2 U.S.C. 74a–13(b)) is amended 

by striking the period at the end and inserting the following: ‘‘, and 

which shall be obligated and expended as directed by the Speaker 

(or, if the Speaker is not a member of the Republican party, the Minority Leader).’’. 

(c) The amendment made by subsection (a) shall apply with respect to fiscal year 2012 and each succeeding fiscal year. 

AUTHORITY OF SPEAKER AND MINORITY LEADER TO ALLOCATE

FUNDS AMONG CERTAIN HOUSE LEADERSHIP OFFICES

SEC. 103. (a) AUTHORITY OF SPEAKER.— 

(1) AUTHORITY DESCRIBED.—Notwithstanding any other 

provision of law (including any provision of law that sets forth 

an allowance for official expenses), the amount appropriated or 

otherwise made available during a Congress for the salaries 

and expenses of any office or authority described in paragraph 

(2) shall be the amount allocated for such office or authority by 

the Speaker of the House of Representatives from the aggregate 


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amount appropriated or otherwise made available for all such 

offices and authorities. 

(2) OFFICES AND AUTHORITIES DESCRIBED.—The offices and 

authorities described in this paragraph are as follows: 

(A) The Office of the Speaker. 

(B) The Speaker’s Office for Legislative Floor Activities. 

(C) The Republican Steering Committee (if the Speaker 

is a member of the Republican party) or the Democratic 

Steering and Policy Committee (if the Speaker is a member 

of the Democratic party). 

(D) The Republican Policy Committee (if the Speaker is 

a member of the Republican party). 

(E) Training and program development—majority (as 

described under the heading ‘‘House leadership offices’’ in 

the most recent bill making appropriations for the legislative branch that was enacted prior to the date of the enactment of this Act). 

(F) Cloakroom personnel—majority (as so described). 

(b) AUTHORITY OF MINORITY LEADER.— 

(1) AUTHORITY DESCRIBED.—Notwithstanding any other 

provision of law (including any provision of law that sets forth 

an allowance for official expenses), the amount appropriated or 

otherwise made available during a Congress for the salaries 

and expenses of any office or authority described in paragraph 

(2) shall be the amount allocated for such office or authority by 

the Minority Leader of the House of Representatives from the 

aggregate amount appropriated or otherwise made available for 

all such offices and authorities. 

(2) OFFICES AND AUTHORITIES DESCRIBED.—The offices and 

authorities described in this paragraph are as follows: 

(A) The Office of the Minority Leader. 

(B) The Democratic Steering and Policy Committee (if 

the Minority Leader is a member of the Democratic party) 

or the Republican Steering Committee (if the Minority 

Leader is a member of the Republican party). 

(C) The Republican Policy Committee (if the Minority 

Leader is a member of the Republican party). 

(D) Training and program development—minority (as 

described under the heading ‘‘House leadership offices’’ in 

the most recent bill making appropriations for the legislative branch that was enacted prior to the date of the enactment of this Act). 

(E) Cloakroom personnel—minority (as so described). 

(F) Nine minority employees (as so described). 

(c) EFFECTIVE DATE.—This section shall apply with respect to 

any months occurring during the One Hundred Twelfth Congress 

that begin after the date of the enactment of this Act, and to any 

succeeding Congress. 

REPUBLICAN CONFERENCE AND THE DEMOCRATIC STEERING AND

POLICY COMMITTEE

SEC. 104. (a) Section 103(b) of the Legislative Branch Appropriations Act, 1999 (2 U.S.C. 74a–8(b)) is amended— 


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(1) in the matter preceding paragraph (1), by striking ‘‘Subject to the allocation described in subsection (c), funds’’ and inserting ‘‘Funds’’; 

(2) in paragraph (1), by striking ‘‘direct;’’ and inserting the 

following: ‘‘direct (or, if the Speaker is not a member of the Republican Party, under such terms and conditions as the Minority Leader of the House of Representatives may direct);’’; and 

(3) in paragraph (2), by striking ‘‘direct.’’ and inserting the 

following: ‘‘direct (or, if the Speaker is a member of the Democratic Party, under such terms and conditions as the Speaker 

may direct).’’. 

(b) Section 103 of such Act (2 U.S.C. 74a–8(c)) is amended— 

(1) by striking subsection (c); and 

(2) by redesignating subsection (d) as subsection (c). 

(c) The amendments made by this section shall take effect as if 

included in the enactment of the Legislative Branch Appropriations 

Act, 1999. 

TRANSFER OF HOUSE EMERGENCY PLANNING, PREPAREDNESS, AND

OPERATIONS FUNCTIONS TO SERGEANT AT ARMS

SEC. 105. Effective February 1, 2010— 

(1) section 905 of the Emergency Supplemental Act, 2002 (2 

U.S.C. 130i) is repealed; and 

(2) the functions and responsibilities of the Office of Emergency Planning, Preparedness and Operations under section 

905 of such Act are transferred and assigned to the Sergeant at 

Arms of the House of Representatives. 

JOINT ITEMS 

For Joint Committees, as follows: 

JOINT ECONOMIC COMMITTEE

For salaries and expenses of the Joint Economic Committee, 

$4,203,000, to be disbursed by the Secretary of the Senate. 

JOINT CONGRESSIONAL COMMITTEE ON INAUGURAL CEREMONIES OF

2013 

For salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United 

States, January 20, 2013, in accordance with such program as may 

be adopted by the joint congressional committee authorized to conduct the inaugural ceremonies of 2013, $1,237,000 to be disbursed 

by the Secretary of the Senate and to remain available until September 30, 2013. Funds made available under this heading shall be 

available for payment, on a direct or reimbursable basis, whether 

incurred on, before, or after, October 1, 2012: Provided, That the 

compensation of any employee of the Committee on Rules and Administration of the Senate who has been designated to perform service with respect to the inaugural ceremonies of 2013 shall continue 

to be paid by the Committee on Rules and Administration, but the 

account from which such staff member is paid may be reimbursed 

for the services of the staff member (including agency contributions 

when appropriate) out of funds made available under this heading. 


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JOINT COMMITTEE ON TAXATION

For salaries and expenses of the Joint Committee on Taxation, 

$10,004,000, to be disbursed by the Chief Administrative Officer of 

the House of Representatives. 

For other joint items, as follows: 

OFFICE OF THE ATTENDING PHYSICIAN

For medical supplies, equipment, and contingent expenses of the 

emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $2,175 per month to the Attending Physician; (2) an allowance of $1,300 per month to the Senior 

Medical Officer; (3) an allowance of $725 per month each to three 

medical officers while on duty in the Office of the Attending Physician; (4) an allowance of $725 per month to 2 assistants and $580 

per month each not to exceed 11 assistants on the basis heretofore 

provided for such assistants; and (5) $2,427,000 for reimbursement 

to the Department of the Navy for expenses incurred for staff and 

equipment assigned to the Office of the Attending Physician, which 

shall be advanced and credited to the applicable appropriation or 

appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $3,400,000, to be disbursed by the Chief Administrative Officer 

of the House of Representatives. 

OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

SALARIES AND EXPENSES

For salaries and expenses of the Office of Congressional Accessibility Services, $1,363,000, to be disbursed by the Secretary of the 

Senate. 

ADMINISTRATIVE PROVISION

SEC. 1001. (a) IN GENERAL.—Section 102(a) of the Legislative 

Branch Appropriations Act, 2002 (2 U.S.C. 60c–5(a)) is amended— 

(1) in paragraph (1), by inserting ‘‘, except as provided 

under subsection (b)(3)’’ after ‘‘means an individual’’; and 

(2) by striking paragraphs (2) and (3) and inserting the following: 

‘‘(2) EMPLOYEE OF THE SENATE.—The term ‘employee of the 

Senate’— 

‘‘(A) has the meaning given the term under section 101 

of the Congressional Accountability Act of 1995 (2 U.S.C. 

1301); and 

‘‘(B) includes any employee of the Office of Congressional Accessibility Services whose pay is disbursed by the 

Secretary of the Senate. 

‘‘(3) EMPLOYING OFFICE.—The term ‘employing office’— 

‘‘(A) means the employing office, as defined under section 101 of the Congressional Accountability Act of 1995 (2 

U.S.C. 1301), of an employee of the Senate; and 

‘‘(B) includes the Office of Congressional Accessibility 

Services with respect to employees of that office whose pay 

is disbursed by the Secretary of the Senate.’’. 


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(b) EXCLUSION FROM PARTICIPATION IN DUAL PROGRAMS.—Section 102(b) of the Legislative Branch Appropriations Act, 2002 (2 

U.S.C. 60c–5(b)) is amended by adding at the end the following: 

‘‘(3) EXCLUSION FROM PARTICIPATION IN DUAL PROGRAMS.— 

Notwithstanding section 5379 of title 5, United States Code, an 

employee of the Office of Congressional Accessibility Services 

may not participate in the student loan repayment program 

through an agreement under that section and participate in the 

student loan repayment program through a service agreement 

under this section at the same time.’’. 

(c) EFFECTIVE DATE AND APPLICATION.—The amendments made 

by this section shall take effect on the date of enactment of this Act 

and apply to service agreements entered into under section 102 of 

the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 60c–5) or 

section 5379 of title 5, United States Code, on or after that date. 

CAPITOL POLICE 

SALARIES

For salaries of employees of the Capitol Police, including overtime, hazardous duty pay differential, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $277,133,000, to be 

disbursed by the Chief of the Capitol Police or his designee. 

GENERAL EXPENSES

For necessary expenses of the Capitol Police, including motor 

vehicles, communications and other equipment, security equipment 

and installation, uniforms, weapons, supplies, materials, training, 

medical services, forensic services, stenographic services, personal 

and professional services, the employee assistance program, the 

awards program, postage, communication services, travel advances, 

relocation of instructor and liaison personnel for the Federal Law 

Enforcement Training Center, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, 

$63,004,000, of which $2,400,000 shall remain available until September 30, 2014, to be disbursed by the Chief of the Capitol Police 

or his designee: Provided, That, notwithstanding any other provision of law, the cost of basic training for the Capitol Police at the 

Federal Law Enforcement Training Center for fiscal year 2012 shall 

be paid by the Secretary of Homeland Security from funds available 

to the Department of Homeland Security. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 1101. Amounts appropriated for fiscal year 2012 for the 

Capitol Police may be transferred between the headings ‘‘Salaries’’ 

and ‘‘General expenses’’ upon the approval of the Committees on Appropriations of the House of Representatives and the Senate. 


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WAIVER BY CHIEF OF CAPITOL POLICE OF CLAIMS ARISING OUT OF

ERRONEOUS PAYMENTS TO OFFICERS AND EMPLOYEES

SEC. 1102. (a) WAIVER OF CLAIM.—Subject to the joint approval 

of the Chief Administrative Officer of the House of Representatives 

and the Secretary of the Senate, the Chief of the United States Capitol Police may waive in whole or in part a claim of the United 

States against a person arising out of an erroneous payment of any 

pay or allowances, other than travel and transportation expenses 

and allowances, to an officer, member, or employee of the United 

States Capitol Police, if the collection of the claim would be against 

equity and good conscience and not in the best interests of the 

United States. 

(b) INVESTIGATION OF APPLICATION; REPORT.—The Chief shall 

investigate each application for the waiver of a claim under subsection (a) and shall submit a written report of the investigation, including a description of the facts and circumstances of the claim, 

to the Chief Administrative Officer of the House of Representatives 

and the Secretary of the Senate, except that if the aggregate amount 

of the claim involved exceeds $1,500, the Comptroller General may 

also investigate the application and submit a written report of the 

investigation, including a description of the facts and circumstances 

of the claim, to the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate. 

(c) PROHIBITION OF WAIVER UNDER CERTAIN CIRCUMSTANCES.—The Chief may not exercise the authority to waive a 

claim under subsection (a) if— 

(1) in the Chief’s opinion, there exists in connection with the 

claim an indication of fraud, misrepresentation, fault, or lack 

of good faith on the part of the officer, member, or employee involved or of any other person having an interest in obtaining 

a waiver of the claim; or 

(2) the Chief receives the application for the waiver after 

the expiration of the 3-year period that begins on the date on 

which the erroneous payment of pay or allowances was discovered. 

(d) CREDIT FOR WAIVER.—In the audit and settlement of accounts of any accountable officer or official, full credit shall be given 

for any amounts with respect to which collection by the United 

States is waived under subsection (a). 

(e) EFFECT OF WAIVER.—An erroneous payment, the collection of 

which is waived under subsection (a), is deemed a valid payment 

for all purposes. 

(f) CONSTRUCTION WITH OTHER LAWS.—This section does not 

affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. 

(g) RULES AND REGULATIONS.—Subject to the approval of the 

Chief Administrative Officer of the House of Representatives and the 

Secretary of the Senate, the Chief shall promulgate rules and regulations to carry out this section. 

(h) EFFECTIVE DATE.—This section shall apply with respect to 

payments of pay and allowances made at any time after the Chief 

became the disbursing officer for the United States Capitol Police 

pursuant to section 1018(a) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1907(a)). 


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OFFICE OF COMPLIANCE 

SALARIES AND EXPENSES

For salaries and expenses of the Office of Compliance, as authorized by section 305 of the Congressional Accountability Act of 

1995 (2 U.S.C. 1385), $3,817,000, of which $700,000 shall remain 

available until September 30, 2013: Provided, That not more than 

$500 may be expended on the certification of the Executive Director 

of the Office of Compliance in connection with official representation 

and reception expenses. 

CONGRESSIONAL BUDGET OFFICE 

SALARIES AND EXPENSES

For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional 

Budget Office in connection with official representation and reception expenses, $43,787,000. 

ARCHITECT OF THE CAPITOL 

GENERAL ADMINISTRATION

For salaries for the Architect of the Capitol, and other personal 

services, at rates of pay provided by law; for surveys and studies in 

connection with activities under the care of the Architect of the Capitol; for all necessary expenses for the general and administrative 

support of the operations under the Architect of the Capitol including the Botanic Garden; electrical substations of the Capitol, Senate 

and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; including furnishings and office 

equipment; including not more than $5,000 for official reception 

and representation expenses, to be expended as the Architect of the 

Capitol may approve; for purchase or exchange, maintenance, and 

operation of a passenger motor vehicle, $101,340,000, of which 

$3,749,000 shall remain available until September 30, 2016. 

CAPITOL BUILDING

For all necessary expenses for the maintenance, care and operation of the Capitol, $36,154,000, of which $11,063,000 shall remain available until September 30, 2016. 

CAPITOL GROUNDS

For all necessary expenses for care and improvement of grounds 

surrounding the Capitol, the Senate and House office buildings, and 

the Capitol Power Plant, $9,852,000. 

SENATE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be 

expended under the control and supervision of the Architect of the 

Capitol, $71,128,000, of which $13,128,000 shall remain available 

until September 30, 2016. 


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HOUSE OFFICE BUILDINGS

For all necessary expenses for the maintenance, care and oper- ation of the House office buildings, $94,154,000, of which 

$45,631,000 shall remain available until September 30, 2016. 

In addition, for a payment to the House Historic Buildings Re- vitalization Trust Fund, $30,000,000, shall remain available until 

expended. 

CAPITOL POWER PLANT

For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including 

the purchase of electrical energy) and water and sewer services for 

the Capitol, Senate and House office buildings, Library of Congress 

buildings, and the grounds about the same, Botanic Garden, Senate 

garage, and air conditioning refrigeration not supplied from plants 

in any of such buildings; heating the Government Printing Office 

and Washington City Post Office, and heating and chilled water for 

air conditioning for the Supreme Court Building, the Union Station 

complex, the Thurgood Marshall Federal Judiciary Building and 

the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol 

and amounts so received shall be deposited into the Treasury to the 

credit of this appropriation, $123,229,000, of which $37,617,000 

shall remain available until September 30, 2016: Provided, That 

not more than $9,000,000 of the funds credited or to be reimbursed 

to this appropriation as herein provided shall be available for obligation during fiscal year 2012. 

LIBRARY BUILDINGS AND GROUNDS

For all necessary expenses for the mechanical and structural 

maintenance, care and operation of the Library buildings and 

grounds, $46,876,000, of which $21,116,000 shall remain available 

until September 30, 2016. 

CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the 

United States Capitol Police, wherever located, the Alternate Computer Facility, and AOC security operations, $21,500,000, of which 

$3,473,000 shall remain available until September 30, 2016. 

BOTANIC GARDEN

For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, 

and collections; and purchase and exchange, maintenance, repair, 

and operation of a passenger motor vehicle; all under the direction 

of the Joint Committee on the Library, $12,000,000: Provided, That 

of the amount made available under this heading, the Architect of 

the Capitol may obligate and expend such sums as may be necessary for the maintenance, care and operation of the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved by the 

Architect of the Capitol or a duly authorized designee. 


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CAPITOL VISITOR CENTER

For all necessary expenses for the operation of the Capitol Visitor Center, $21,276,000. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

USE OF CONSTRUCTION PROJECT FUNDS TO REIMBURSE CAPITOL

POLICE FOR RELATED OVERTIME COSTS

SEC. 1201. (a) PAYMENT OF OVERTIME COSTS.—The Architect of 

the Capitol shall transfer amounts made available for construction 

projects during a fiscal year to the applicable appropriations accounts of the United States Capitol Police in order to reimburse the 

Capitol Police for overtime costs incurred in connection with such 

projects. 

(b) EFFECTIVE DATE.—This section shall apply with respect to 

fiscal year 2013 and each succeeding fiscal year. 

TRANSFER TO ARCHITECT OF THE CAPITOL

SEC. 1202. (a) TRANSFER.—To the extent that the Director of the 

National Park Service has jurisdiction and control over any portion 

of the area described in subsection (b) and any monument or other 

facility which is located within such area, such jurisdiction and 

control is hereby transferred to the Architect of the Capitol as of the 

date of the enactment of this Act. 

(b) AREA DESCRIBED.—The area described in this subsection is 

the property which is bounded on the north by Pennsylvania Avenue 

Northwest, on the east by First Street Northwest and First Street 

Southwest, on the south by Maryland Avenue Southwest, and on the 

west by Third Street Southwest and Third Street Northwest. 

LIBRARY OF CONGRESS 

SALARIES AND EXPENSES

For necessary expenses of the Library of Congress not otherwise 

provided for, including development and maintenance of the Library’s catalogs; custody and custodial care of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; 

preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; activities under the Civil Rights History Project Act of 2009; 

preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not 

properly chargeable to the income of any trust fund held by the 

Board, $420,093,000, of which not more than $6,000,000 shall be 

derived from collections credited to this appropriation during fiscal 

year 2012, and shall remain available until expended, under the Act 

of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not 

more than $350,000 shall be derived from collections during fiscal 

year 2012 and shall remain available until expended for the development and maintenance of an international legal information 

database and activities related thereto: Provided, That the Library 


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of Congress may not obligate or expend any funds derived from collections under the Act of June 28, 1902, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That the total amount available for obligation shall 

be reduced by the amount by which collections are less than 

$6,350,000: Provided further, That of the total amount appropriated, not more than $12,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for the Overseas Field Offices: 

Provided further, That of the total amount appropriated, $6,959,000 

shall remain available until expended for the digital collections and 

educational curricula program. 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

For all necessary expenses of the Copyright Office, $51,650,000, of which not more than $28,029,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2012 under section 708(d) of title 17, United 

States Code: Provided, That not more than $2,000,000 shall be derived from prior year available unobligated balances: Provided further, That the Copyright Office may not obligate or expend any 

funds derived from collections under such section, in excess of the 

amount authorized for obligation or expenditure in appropriations 

Acts: Provided further, That not more than $5,484,000 shall be derived from collections during fiscal year 2012 under sections 

111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title: Provided 

further, That the total amount available for obligation shall be reduced by the amount by which collections and prior year available 

unobligated balances are less than $35,513,000: Provided further, 

That not more than $100,000 of the amount appropriated is available for the maintenance of an ‘‘International Copyright Institute’’ 

in the Copyright Office of the Library of Congress for the purpose 

of training nationals of developing countries in intellectual property 

laws and policies: Provided further, That not more than $4,250 may 

be expended, on the certification of the Librarian of Congress, in 

connection with official representation and reception expenses for activities of the International Copyright Institute and for copyright 

delegations, visitors, and seminars: Provided further, That notwithstanding any provision of chapter 8 of title 17, United States Code, 

any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright Office 

pursuant to sections 111, 119, and chapter 10 of such title may be 

used for the costs incurred in the administration of the Copyright 

Royalty Judges program, with the exception of the costs of salaries 

and benefits for the Copyright Royalty Judges and staff under section 802(e). 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

For all necessary expenses to carry out the provisions of section 

203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) 

and to revise and extend the Annotated Constitution of the United 


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States of America, $106,790,000: Provided, That no part of such 

amount may be used to pay any salary or expense in connection 

with any publication, or preparation of material therefor (except the 

Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either 

the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

For salaries and expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,674,000: Provided, 

That of the total amount appropriated, $650,000 shall be available 

to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual. 

ADMINISTRATIVE PROVISIONS

REIMBURSABLE AND REVOLVING FUND ACTIVITIES

SEC. 1301. (a) IN GENERAL.—For fiscal year 2012, the 

obligational authority of the Library of Congress for the activities 

described in subsection (b) may not exceed $169,725,000. 

(b) ACTIVITIES.—The activities referred to in subsection (a) are 

reimbursable and revolving fund activities that are funded from 

sources other than appropriations to the Library in appropriations 

Acts for the legislative branch. 

(c) TRANSFER OF FUNDS.—During fiscal year 2012, the Librarian of Congress may temporarily transfer funds appropriated in this 

Act, under the heading ‘‘Library of Congress’’, under the subheading 

‘‘Salaries and Expenses’’, to the revolving fund for the FEDLINK 

Program and the Federal Research Program established under section 103 of the Library of Congress Fiscal Operations Improvement 

Act of 2000 (Public Law 106–481; 2 U.S.C. 182c): Provided, That 

the total amount of such transfers may not exceed $1,900,000: Provided further, That the appropriate revolving fund account shall reimburse the Library for any amounts transferred to it before the period of availability of the Library appropriation expires. 

TRANSFER AUTHORITY

SEC. 1302. (a) IN GENERAL.—Amounts appropriated for fiscal 

year 2012 for the Library of Congress may be transferred during fiscal year 2012 between any of the headings under the heading ‘‘Library of Congress’’ upon the approval of the Committees on Appropriations of the House of Representatives and the Senate. 

(b) LIMITATION.—Not more than 10 percent of the total amount 

of funds appropriated to the account under any heading under the 

heading ‘‘Library of Congress’’ for fiscal year 2012 may be transferred from that account by all transfers made under subsection (a). 

FUNDS AVAILABLE FOR WORKERS COMPENSATION PAYMENTS

SEC. 1303. (a) IN GENERAL.—Available balances of expired Library of Congress appropriations shall be available to the Library 

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pensation Fund required by subsection 8147(b) of title 5, United 

States Code. 

(b) EFFECTIVE DATE.—This section shall apply with respect to 

appropriations for fiscal year 2012 and each fiscal year thereafter. 

PERMITTING USE OF PROCEEDS FROM DISPOSITION OF SURPLUS OR

OBSOLETE PERSONAL PROPERTY

SEC. 1304. (a) DISPOSITION OF PROPERTY.—Within the limits of 

available appropriations, the Librarian of Congress may dispose of 

surplus or obsolete personal property of the Library of Congress by 

interagency transfer, donation, sale, trade-in, or other appropriate 

method. 

(b) USE OF PROCEEDS.—Any amounts received by the Librarian 

of Congress from the disposition of property under subsection (a) 

shall be credited to the funds available for the operations of the Library of Congress, and shall be available to acquire the same or 

similar property during the fiscal year in which the amounts are received and the following fiscal year. 

(c) EFFECTIVE DATE.—This section shall apply with respect to 

fiscal year 2012 and each succeeding fiscal year. 

GOVERNMENT PRINTING OFFICE 

CONGRESSIONAL PRINTING AND BINDING

(INCLUDING TRANSFER OF FUNDS)

For authorized printing and binding for the Congress and the 

distribution of Congressional information in any format; printing 

and binding for the Architect of the Capitol; expenses necessary for 

preparing the semimonthly and session index to the Congressional 

Record, as authorized by law (section 902 of title 44, United States 

Code); printing and binding of Government publications authorized 

by law to be distributed to Members of Congress; and printing, 

binding, and distribution of Government publications authorized by 

law to be distributed without charge to the recipient, $90,700,000: 

Provided, That this appropriation shall not be available for paper 

copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under section 906 of title 44, United States Code: Provided 

further, That this appropriation shall be available for the payment 

of obligations incurred under the appropriations for similar purposes for preceding fiscal years: Provided further, That notwithstanding the 2-year limitation under section 718 of title 44, United 

States Code, none of the funds appropriated or made available 

under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, 

United States Code, may be expended to print a document, report, 

or publication after the 27-month period beginning on the date that 

such document, report, or publication is authorized by Congress to 

be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code: Provided further, That any unobligated or unexpended balances in this account 

or accounts for similar purposes for preceding fiscal years may be 

transferred to the Government Printing Office revolving fund for 

carrying out the purposes of this heading, subject to the approval 


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of the Committees on Appropriations of the House of Representatives 

and Senate: Provided further, That notwithstanding sections 901, 

902, and 906 of title 44, United States Code, this appropriation may 

be used to prepare indexes to the Congressional Record on only a 

monthly and session basis. 

OFFICE OF SUPERINTENDENT OF DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For expenses of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government 

publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and 

international exchange libraries as authorized by law, $35,000,000: 

Provided, That amounts of not more than $2,000,000 from current 

year appropriations are authorized for producing and disseminating 

congressional serial sets and other related publications for fiscal 

years 2010 and 2011 to depository and other designated libraries: 

Provided further, That any unobligated or unexpended balances in 

this account or accounts for similar purposes for preceding fiscal 

years may be transferred to the Government Printing Office revolving fund for carrying out the purposes of this heading, subject to the 

approval of the Committees on Appropriations of the House of Representatives and Senate. 

GOVERNMENT PRINTING OFFICE REVOLVING FUND

For payment to the Government Printing Office Revolving Fund, $500,000 for information technology development: Provided, 

That the Government Printing Office is hereby authorized to make 

such expenditures, within the limits of funds available and in accordance with law, and to make such contracts and commitments 

without regard to fiscal year limitations as provided by section 9104 

of title 31, United States Code, as may be necessary in carrying out 

the programs and purposes set forth in the budget for the current 

fiscal year for the Government Printing Office revolving fund: Provided further, That not more than $7,500 may be expended on the 

certification of the Public Printer in connection with official representation and reception expenses: Provided further, That the revolving fund shall be available for the hire or purchase of not more 

than 12 passenger motor vehicles: Provided further, That expenditures in connection with travel expenses of the advisory councils to 

the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further, That the revolving fund shall be available for temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates 

for individuals not more than the daily equivalent of the annual 

rate of basic pay for level V of the Executive Schedule under section 

5316 of such title: Provided further, That activities financed 

through the revolving fund may provide information in any format: 

Provided further, That the revolving fund and the funds provided 

under the headings ‘‘Office of Superintendent of Documents’’ and 

‘‘Salaries and Expenses’’ may not be used for contracted security 

services at GPO’s passport facility in the District of Columbia. 


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GOVERNMENT ACCOUNTABILITY OFFICE 

SALARIES AND EXPENSES

For necessary expenses of the Government Accountability Office, 

including not more than $12,500 to be expended on the certification 

of the Comptroller General of the United States in connection with 

official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, 

but at rates for individuals not more than the daily equivalent of 

the annual rate of basic pay for level IV of the Executive Schedule 

under section 5315 of such title; hire of one passenger motor vehicle; 

advance payments in foreign countries in accordance with section 

3324 of title 31, United States Code; benefits comparable to those 

payable under sections 901(5), (6), and (8) of the Foreign Service Act 

of 1980 (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the Comptroller General of the United States, rental of 

living quarters in foreign countries, $511,296,000: Provided, That, 

in addition, $22,304,000 of payments received under sections 782, 

3521, and 9105 of title 31, United States Code, shall be available 

without fiscal year limitation: Provided further, That this appropriation and appropriations for administrative expenses of any 

other department or agency which is a member of the National 

Intergovernmental Audit Forum or a Regional Intergovernmental 

Audit Forum shall be available to finance an appropriate share of 

either Forum’s costs as determined by the respective Forum, including necessary travel expenses of non-Federal participants: Provided 

further, That payments hereunder to the Forum may be credited as 

reimbursements to any appropriation from which costs involved are 

initially financed. 

ADMINISTRATIVE PROVISION

SEC. 1401. (a) Section 210 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C. 60q) is amended— 

(1) by striking subsection (d); and 

(2) in subsection (f)(2)(A), by striking ‘‘United States Code’’ 

and inserting ‘‘United States Code, but excluding the Government Accountability Office’’. 

(b) Section 3521(1) of title 5, United States Code, is amended 

by striking ‘‘section 105’’ and inserting ‘‘section 105 (other than the 

Government Accountability Office)’’. 

(c) The amendments made by this section shall apply with respect to voluntary separation incentive payments made during fiscal 

year 2012 or any succeeding fiscal year. 

OPEN WORLD LEADERSHIP CENTER TRUST FUND 

For a payment to the Open World Leadership Center Trust 

Fund for financing activities of the Open World Leadership Center 

under section 313 of the Legislative Branch Appropriations Act, 

2001 (2 U.S.C. 1151), $10,000,000. 


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JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING 

AND DEVELOPMENT 

For payment to the John C. Stennis Center for Public Service 

Development Trust Fund established under section 116 of the John 

C. Stennis Center for Public Service Training and Development Act 

(2 U.S.C. 1105), $430,000. 

TITLE II 

GENERAL PROVISIONS 

MAINTENANCE AND CARE OF PRIVATE VEHICLES

SEC. 201. No part of the funds appropriated in this Act shall 

be used for the maintenance or care of private vehicles, except for 

emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives 

issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration. 

FISCAL YEAR LIMITATION

SEC. 202. No part of the funds appropriated in this Act shall 

remain available for obligation beyond fiscal year 2012 unless expressly so provided in this Act. 

RATES OF COMPENSATION AND DESIGNATION

SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et 

seq.) is appropriated for or the rate of compensation or designation 

of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the 

designation in this Act shall be the permanent law with respect 

thereto: Provided, That the provisions in this Act for the various 

items of official expenses of Members, officers, and committees of the 

Senate and House of Representatives, and clerk hire for Senators 

and Members of the House of Representatives shall be the permanent law with respect thereto. 

CONSULTING SERVICES

SEC. 204. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those 

contracts where such expenditures are a matter of public record and 

available for public inspection, except where otherwise provided 

under existing law, or under existing Executive order issued under 

existing law. 

AWARDS AND SETTLEMENTS

SEC. 205. Such sums as may be necessary are appropriated to 

the account described in subsection (a) of section 415 of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay awards 

and settlements as authorized under such subsection. 


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COSTS OF LBFMC

SEC. 206. Amounts available for administrative expenses of any 

legislative branch entity which participates in the Legislative 

Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate 

share of LBFMC costs as determined by the LBFMC, except that the 

total LBFMC costs to be shared among all participating legislative 

branch entities (in such allocations among the entities as the entities 

may determine) may not exceed $2,000. 

LANDSCAPE MAINTENANCE

SEC. 207. The Architect of the Capitol, in consultation with the 

District of Columbia, is authorized to maintain and improve the 

landscape features, excluding streets, in the irregular shaped grassy 

areas bounded by Washington Avenue, SW, on the northeast, Second Street, SW, on the west, Square 582 on the south, and the beginning of the I–395 tunnel on the southeast. 

LIMITATION ON TRANSFERS

SEC. 208. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

GUIDED TOURS OF THE CAPITOL

SEC. 209. (a) Except as provided in subsection (b), none of the 

funds made available to the Architect of the Capitol in this Act may 

be used to eliminate or restrict guided tours of the United States 

Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives 

and Senate. 

(b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol 

Police Board, guided tours of the United States Capitol which are 

led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or 

related reasons to the same extent as guided tours of the United 

States Capitol which are led by the Architect of the Capitol. 

SEC. 210. None of the funds made available in this Act may be 

used to deliver a printed copy of a bill, joint resolution, or resolution 

to the office of a Member of the House of Representatives (including 

a Delegate or Resident Commissioner to the Congress) unless the 

Member requests a copy. 

SEC. 211. None of the funds made available by this Act may be 

used to deliver a printed copy of any version of the Congressional 

Record to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). 

SEC. 212. None of the funds made available in this Act may be 

used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational 

Allowance for the leasing of a vehicle, excluding mobile district ofVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00356 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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fices, in an aggregate amount that exceeds $1,000 for the vehicle in 

any month. 

This division may be cited as the ‘‘Legislative Branch Appropriations Act, 2012’’. 

DIVISION H—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS AND RELATED AGENCIES APPROPRIATIONS 

ACT, 2012 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, 

including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and 

for construction and operation of facilities in support of the functions of the Commander in Chief, $3,006,491,000, to remain available until September 30, 2016: Provided, That of this amount, not 

to exceed $229,741,000 shall be available for study, planning, design, architect and engineer services, and host nation support, as 

authorized by law, unless the Secretary of Army determines that additional obligations are necessary for such purposes and notifies the 

Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 

and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $2,112,823,000, to remain available 

until September 30, 2016: Provided, That of this amount, not to exceed $84,362,000 shall be available for study, planning, design, and 

architect and engineer services, as authorized by law, unless the 

Secretary of Navy determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, AIR FORCE

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by 

law, $1,227,058,000, to remain available until September 30, 2016: 

Provided, That of this amount, not to exceed $81,913,000 shall be 

available for study, planning, design, and architect and engineer 

services, as authorized by law, unless the Secretary of Air Force determines that additional obligations are necessary for such purposes 


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and notifies the Committees on Appropriations of both Houses of 

Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, installations, facilities, and 

real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized 

by law, $3,431,957,000, to remain available until September 30, 

2016: Provided, That such amounts of this appropriation as may be 

determined by the Secretary of Defense may be transferred to such 

appropriations of the Department of Defense available for military 

construction or family housing as the Secretary may designate, to 

be merged with and to be available for the same purposes, and for 

the same time period, as the appropriation or fund to which transferred: Provided further, That of the amount appropriated, not to 

exceed $430,602,000 shall be available for study, planning, design, 

and architect and engineer services, as authorized by law, unless 

the Secretary of Defense determines that additional obligations are 

necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the 

reasons therefor: Provided further, That of the amount appropriated, notwithstanding any other provision of law, $24,118,000 

shall be available for payments to the North Atlantic Treaty Organization for the planning, design, and construction of a new North Atlantic Treaty Organization headquarters: Provided further, That the 

Department of Defense shall not award a design contract to exceed 

the 20 percent design level for the Landstuhl Regional Medical Center in Germany until the Secretary of Defense: (1) provides the Committees on Appropriations of the House of Representatives and the 

Senate a plan for implementing the recommendations of the Government Accountability Office with respect to the plans, baseline data, 

and estimated cost of the facility; and (2) certifies in writing to the 

Committees that the facility is properly sized and scoped to meet 

current and projected healthcare requirements. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $773,592,000, to remain available until 

September 30, 2016: Provided, That of the amount appropriated, 

not to exceed $20,671,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Army National Guard determines that additional obligations are necessary for such purposes and notifies the 

Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 


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MILITARY CONSTRUCTION, AIR NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $116,246,000, to remain available until 

September 30, 2016: Provided, That of the amount appropriated, 

not to exceed $12,225,000 shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Director of the Air National Guard determines that additional obligations are necessary for such purposes and notifies the 

Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$280,549,000, to remain available until September 30, 2016: Provided, That of the amount appropriated, not to exceed $28,924,000 

shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Army 

Reserve determines that additional obligations are necessary for 

such purposes and notifies the Committees on Appropriations of 

both Houses of Congress of the determination and the reasons therefor. 

MILITARY CONSTRUCTION, NAVY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $26,299,000, to remain available until September 30, 2016: Provided, That of the amount appropriated, not to 

exceed $2,591,000 shall be available for study, planning, design, 

and architect and engineer services, as authorized by law, unless 

the Secretary of the Navy determines that additional obligations are 

necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the 

reasons therefor. 

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air Force Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$33,620,000, to remain available until September 30, 2016: Provided, That of the amount appropriated, not to exceed $2,200,000 

shall be available for study, planning, design, and architect and engineer services, as authorized by law, unless the Chief of the Air 

Force Reserve determines that additional obligations are necessary 

for such purposes and notifies the Committees on Appropriations of 


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both Houses of Congress of the determination and the reasons therefor. 

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North Atlantic 

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses 

for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $247,611,000, to remain 

available until expended. 

FAMILY HOUSING CONSTRUCTION, ARMY

For expenses of family housing for the Army for construction, 

including acquisition, replacement, addition, expansion, extension, 

and alteration, as authorized by law, $176,897,000, to remain available until September 30, 2016. 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation and 

maintenance, including debt payment, leasing, minor construction, 

principal and interest charges, and insurance premiums, as authorized by law, $493,458,000. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, 

$100,972,000, to remain available until September 30, 2016. 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for operation and maintenance, including debt payment, leasing, 

minor construction, principal and interest charges, and insurance 

premiums, as authorized by law, $367,863,000. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $60,042,000, to remain 

available until September 30, 2016. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $429,523,000. 


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FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies 

of the Department of Defense (other than the military departments) 

for operation and maintenance, leasing, and minor construction, as 

authorized by law, $50,723,000. 

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

For the Department of Defense Family Housing Improvement 

Fund, $2,184,000, to remain available until expended, for family 

housing initiatives undertaken pursuant to section 2883 of title 10, 

United States Code, providing alternative means of acquiring and 

improving military family housing and supporting facilities. 

HOMEOWNERS ASSISTANCE FUND

For the Homeowners Assistance Fund established by section 

1013 of the Demonstration Cities and Metropolitan Development Act 

of 1966, (42 U.S.C. 3374), as amended by section 1001 of division 

A of the American Recovery and Reinvestment Act of 2009 (Public 

Law 111–5; 123 Stat. 194), $1,284,000, to remain available until expended: Provided, That the Secretary of Defense shall not issue any 

regulation or otherwise take any action to limit the submission prior 

to September 30, 2012, of applications for benefits, including permanent change of station benefits, as provided under section 1013 of 

the Demonstration Cities and Metropolitan Development Act of 

1966, (42 U.S.C. 3374), as amended. 

CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal 

chemical agents and munitions in accordance with section 1412 of 

the Department of Defense Authorization Act, 1986 (50 U.S.C. 

1521), and for the destruction of other chemical warfare materials 

that are not in the chemical weapon stockpile, as currently authorized by law, $75,312,000, to remain available until September 30, 

2016, which shall be only for the Assembled Chemical Weapons Alternatives program. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

For deposit into the Department of Defense Base Closure Account 1990, established by section 2906(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$323,543,000, to remain available until expended. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$258,776,000, to remain available until expended: Provided, That 

the Department of Defense shall notify the Committees on Appropriations of both Houses of Congress 14 days prior to obligating an 

amount for a construction project that exceeds or reduces the 

amount identified for that project in the most recently submitted 


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budget request for this account by 20 percent or $2,000,000, whichever is less: Provided further, That the previous proviso shall not 

apply to projects costing less than $5,000,000, except for those 

projects not previously identified in any budget submission for this 

account and exceeding the minor construction threshold under section 2805 of title 10, United States Code. 

ADMINISTRATIVE PROVISIONS

SEC. 101. None of the funds made available in this title shall 

be expended for payments under a cost-plus-a-fixed-fee contract for 

construction, where cost estimates exceed $25,000, to be performed 

within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 

SEC. 102. Funds made available in this title for construction 

shall be available for hire of passenger motor vehicles. 

SEC. 103. Funds made available in this title for construction 

may be used for advances to the Federal Highway Administration, 

Department of Transportation, for the construction of access roads 

as authorized by section 210 of title 23, United States Code, when 

projects authorized therein are certified as important to the national 

defense by the Secretary of Defense. 

SEC. 104. None of the funds made available in this title may 

be used to begin construction of new bases in the United States for 

which specific appropriations have not been made. 

SEC. 105. None of the funds made available in this title shall 

be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or 

the Naval Facilities Engineering Command, except: (1) where there 

is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as 

otherwise determined by the Secretary of Defense to be in the public 

interest. 

SEC. 106. None of the funds made available in this title shall 

be used to: (1) acquire land; (2) provide for site preparation; or (3) 

install utilities for any family housing, except housing for which 

funds have been made available in annual Acts making appropriations for military construction. 

SEC. 107. None of the funds made available in this title for 

minor construction may be used to transfer or relocate any activity 

from one base or installation to another, without prior notification 

to the Committees on Appropriations of both Houses of Congress. 

SEC. 108. None of the funds made available in this title may 

be used for the procurement of steel for any construction project or 

activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel 

procurement. 

SEC. 109. None of the funds available to the Department of Defense for military construction or family housing during the current 

fiscal year may be used to pay real property taxes in any foreign nation. 

SEC. 110. None of the funds made available in this title may 

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cation to the Committees on Appropriations of both Houses of Congress. 

SEC. 111. None of the funds made available in this title may 

be obligated for architect and engineer contracts estimated by the 

Government to exceed $500,000 for projects to be accomplished in 

Japan, in any North Atlantic Treaty Organization member country, 

or in countries bordering the Arabian Sea, unless such contracts are 

awarded to United States firms or United States firms in joint venture with host nation firms. 

SEC. 112. None of the funds made available in this title for 

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Sea, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of 

a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent: Provided 

further, That this section shall not apply to contract awards for 

military construction on Kwajalein Atoll for which the lowest responsive and responsible bid is submitted by a Marshallese contractor. 

SEC. 113. The Secretary of Defense shall inform the appropriate 

committees of both Houses of Congress, including the Committees on 

Appropriations, of plans and scope of any proposed military exercise 

involving United States personnel 30 days prior to its occurring, if 

amounts expended for construction, either temporary or permanent, 

are anticipated to exceed $100,000. 

SEC. 114. Not more than 20 percent of the funds made available 

in this title which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal 

year. 

SEC. 115. Funds appropriated to the Department of Defense for 

construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 

SEC. 116. For military construction or family housing projects 

that are being completed with funds otherwise expired or lapsed for 

obligation, expired or lapsed funds may be used to pay the cost of 

associated supervision, inspection, overhead, engineering and design 

on those projects and on subsequent claims, if any. 

SEC. 117. Notwithstanding any other provision of law, any 

funds made available to a military department or defense agency 

for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a 

project or contract, at any time before the end of the fourth fiscal 

year after the fiscal year for which funds for such project were made 

available, if the funds obligated for such project: (1) are obligated 

from funds available for military construction projects; and (2) do 

not exceed the amount appropriated for such project, plus any 

amount by which the cost of such project is increased pursuant to 

law. 


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(INCLUDING TRANSFER OF FUNDS)

SEC. 118. In addition to any other transfer authority available 

to the Department of Defense, proceeds deposited to the Department 

of Defense Base Closure Account established by section 207(a)(1) of 

the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note) pursuant to section 

207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged with, and 

to be available for the same purposes and the same time period as 

that account. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 119. Subject to 30 days prior notification, or 14 days for 

a notification provided in an electronic medium pursuant to sections 

480 and 2883 of title 10, United States Code, to the Committees on 

Appropriations of both Houses of Congress, such additional 

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

transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in 

‘‘Family Housing’’ accounts, to be merged with and to be available 

for the same purposes and for the same period of time as amounts 

appropriated directly to the Fund; or (2) the Department of Defense 

Military Unaccompanied Housing Improvement Fund from 

amounts appropriated for construction of military unaccompanied 

housing in ‘‘Military Construction’’ accounts, to be merged with and 

to be available for the same purposes and for the same period of 

time as amounts appropriated directly to the Fund: Provided, That 

appropriations made available to the Funds shall be available to 

cover the costs, as defined in section 502(5) of the Congressional 

Budget Act of 1974, of direct loans or loan guarantees issued by the 

Department of Defense pursuant to the provisions of subchapter IV 

of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, 

military unaccompanied housing, and supporting facilities. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 120. In addition to any other transfer authority available 

to the Department of Defense, amounts may be transferred from the 

accounts established by sections 2906(a)(1) and 2906A(a)(1) of the 

Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 

note), to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 

3374) to pay for expenses associated with the Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A). Any amounts 

transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred. 

SEC. 121. Notwithstanding any other provision of law, funds 

made available in this title for operation and maintenance of family 

housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer 

quarters: Provided, That not more than $35,000 per unit may be 

spent annually for the maintenance and repair of any general or 

flag officer quarters without 30 days prior notification, or 14 days 


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for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, except that an 

after-the-fact notification shall be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably anticipated at the time of the 

budget submission: Provided further, That the Under Secretary of 

Defense (Comptroller) is to report annually to the Committees on 

Appropriations of both Houses of Congress all operation and maintenance expenditures for each individual general or flag officer 

quarters for the prior fiscal year. 

SEC. 122. Amounts contained in the Ford Island Improvement 

Account established by subsection (h) of section 2814 of title 10, 

United States Code, are appropriated and shall be available until 

expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. 

SEC. 123. None of the funds made available in this title, or in 

any Act making appropriations for military construction which remain available for obligation, may be obligated or expended to carry 

out a military construction, land acquisition, or family housing 

project at or for a military installation approved for closure, or at 

a military installation for the purposes of supporting a function that 

has been approved for realignment to another installation, in 2005 

under the Defense Base Closure and Realignment Act of 1990 (part 

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note), unless 

such a project at a military installation approved for realignment 

will support a continuing mission or function at that installation or 

a new mission or function that is planned for that installation, or 

unless the Secretary of Defense certifies that the cost to the United 

States of carrying out such project would be less than the cost to the 

United States of cancelling such project, or if the project is at an 

active component base that shall be established as an enclave or in 

the case of projects having multi-agency use, that another Government agency has indicated it will assume ownership of the completed project. The Secretary of Defense may not transfer funds 

made available as a result of this limitation from any military construction project, land acquisition, or family housing project to another account or use such funds for another purpose or project without the prior approval of the Committees on Appropriations of both 

Houses of Congress. This section shall not apply to military construction projects, land acquisition, or family housing projects for 

which the project is vital to the national security or the protection 

of health, safety, or environmental quality: Provided, That the Secretary of Defense shall notify the congressional defense committees 

within seven days of a decision to carry out such a military construction project. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 124. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations 

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ligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be 

transferred into the appropriation ‘‘Foreign Currency Fluctuations, 

Construction, Defense’’, to be merged with and to be available for 

the same time period and for the same purposes as the appropriation to which transferred. 

SEC. 125. Amounts appropriated or otherwise made available in 

an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction 

and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, 

Chapter 7, of February 2009, as in effect on the date of enactment 

of this Act. 

SEC. 126. (a) Notwithstanding any other provision of law, the 

Secretary of the Army shall close Umatilla Chemical Depot, Oregon, 

not later than 1 year after the completion of chemical demilitarization activities required under the Chemical Weapons Convention. 

(b) The closure of the Umatilla Chemical Depot, Oregon, and 

subsequent management and property disposal shall be carried out 

in accordance with procedures and authorities contained in the Defense Base Closure and Realignment Act of 1990 (part A of title 

XXIX of Public Law 110–510; 10 U.S.C. 2687 note). 

(c) Nothing in this section shall be construed to affect or limit 

the application of, or any obligation to comply with, any environmental law, including the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

and the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 

(d) The Secretary of the Army may retain minimum essential 

ranges, facilities, and training areas at Umatilla Chemical Depot, 

totaling approximately 7,500 acres, as a training enclave for the reserve components of the Armed Forces to permit the conduct of individual and annual training. 

SEC. 127. None of the funds made available by this Act may be 

used by the Secretary of Defense to take beneficial occupancy of 

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

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

limitation may be waived in part if: (1) the Secretary of Defense certifies to Congress that levels of service at existing intersections in the 

vicinity of the project have not experienced failing levels of service 

as defined by the Transportation Research Board Highway Capacity 

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

number of additional parking spaces that may be made available 

to employees of the facility subject to continued 90-day traffic monitoring; and (3) the Secretary of Defense notifies the congressional defense committees in writing at least 14 days prior to exercising this 

waiver of the number of additional parking spaces to be made available: Provided further, That the Secretary of Defense shall implement the Department of Defense Inspector General recommendations 

outlined in report number DODIG–2012–024, and certify to Congress not later than 180 days after enactment of this Act that the 

recommendations have been implemented. 

SEC. 128. None of the funds appropriated or otherwise made 

available by this title may be obligated or expended for a permanent 


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363 

United States Africa Command headquarters outside of the United 

States until the Secretary of Defense provides the congressional defense committees an analysis of all military construction costs associated with establishing a permanent location overseas versus in the 

United States. 

SEC. 129. None of the funds made available by this Act may be 

used for any action that relates to or promotes the expansion of the 

boundaries or size of the Pinon Canyon Maneuver Site, Colorado. 

SEC. 130. (a) Except as provided in subsection (b), none of the 

funds made available in this Act may be used by the Secretary of 

the Army to relocate a unit in the Army that— 

(1) performs a testing mission or function that is not performed by any other unit in the Army and is specifically stipulated in title 10, United States Code; and 

(2) is located at a military installation at which the total 

number of civilian employees of the Department of the Army 

and Army contractor personnel employed exceeds 10 percent of 

the total number of members of the regular and reserve components of the Army assigned to the installation. 

(b) EXCEPTION.—Subsection (a) shall not apply if the Secretary 

of the Army certifies to the congressional defense committees that in 

proposing the relocation of the unit of the Army, the Secretary complied with Army Regulation 5–10 relating to the policy, procedures, 

and responsibilities for Army stationing actions. 

(INCLUDING RESCISSIONS OF FUNDS)

SEC. 131. Of the unobligated balances available under the following headings from prior appropriations Acts (other than appropriations designated by law as being for contingency operations directly related to the global war on terrorism or as an emergency requirement), the following amounts are hereby rescinded: ‘‘Military 

Construction, Army’’, $100,000,000; ‘‘Military Construction, Navy 

and Marine Corps’’, $25,000,000; ‘‘Military Construction, Air Force’’, 

$32,000,000; and ‘‘Military Construction, Defense-Wide’’, 

$131,400,000. 

(INCLUDING RESCISSION OF FUNDS)

SEC. 132. Of the unobligated balances available for ‘‘Department of Defense Base Closure Account 2005’’, from prior appropriations Acts (other than appropriations designated by law as being for 

contingency operations directly related to the global war on terrorism or as an emergency requirement), $258,776,000 are hereby 

rescinded. 

TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized 


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364 

by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 

38, United States Code; pension benefits to or on behalf of veterans 

as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United 

States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers’ retirement pay, 

adjusted-service credits and certificates, payment of premiums due 

on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. 

App. 541 et seq.) and for other benefits as authorized by sections 

107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of 

title 38, United States Code, $51,237,567,000, to remain available 

until expended: Provided, That not to exceed $32,187,000 of the 

amount appropriated under this heading shall be reimbursed to 

‘‘General operating expenses, Veterans Benefits Administration’’, 

‘‘Medical support and compliance’’, and ‘‘Information technology 

systems’’ for necessary expenses in implementing the provisions of 

chapters 51, 53, and 55 of title 38, United States Code, the funding 

source for which is specifically provided as the ‘‘Compensation and 

pensions’’ appropriation: Provided further, That such sums as may 

be earned on an actual qualifying patient basis, shall be reimbursed 

to ‘‘Medical care collections fund’’ to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to 

or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 

34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States Code, 

$12,108,488,000, to remain available until expended: Provided, 

That expenses for rehabilitation program services and assistance 

which the Secretary is authorized to provide under subsection (a) of 

section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to 

this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by chapters 19 

and 21, title 38, United States Code, $100,252,000, to remain available until expended. 

VETERANS HOUSING BENEFIT PROGRAM FUND

For the cost of direct and guaranteed loans, such sums as may 

be necessary to carry out the program, as authorized by subchapters 

I through III of chapter 37 of title 38, United States Code: Provided, 

That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974: Provided further, That during fiscal year 2012, within the resources available, not to exceed $500,000 in gross obligations for direct loans are authorized for specially adapted housing loans. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $154,698,000. 


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VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

For the cost of direct loans, $19,000, as authorized by chapter 

31 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, 

That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not 

to exceed $3,019,000. 

In addition, for administrative expenses necessary to carry out 

the direct loan program, $343,000, which may be paid to the appropriation for ‘‘General operating expenses, Veterans Benefits Administration’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United 

States Code, $1,116,000. 

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 

1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and 

including medical supplies and equipment, food services, and salaries and expenses of health care employees hired under title 38, 

United States Code, aid to State homes as authorized by section 

1741 of title 38, United States Code, assistance and support services 

for caregivers as authorized by section 1720G of title 38, United 

States Code, and loan repayments authorized by section 604 of the 

Caregivers and Veterans Omnibus Health Services Act of 2010 

(Public Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note) 

$41,354,000,000, plus reimbursements, shall become available on 

October 1, 2012, and shall remain available until September 30, 

2013: Provided, That notwithstanding any other provision of law, 

the Secretary of Veterans Affairs shall establish a priority for the 

provision of medical treatment for veterans who have service-connected disabilities, lower income, or have special needs: Provided 

further, That notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic medical benefits to veterans in enrollment priority 

groups 1 through 6: Provided further, That notwithstanding any 

other provision of law, the Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health 

Administration facilities to enrolled veterans with privately written 

prescriptions based on requirements established by the Secretary: 

Provided further, That the implementation of the program described 

in the previous proviso shall incur no additional cost to the Department of Veterans Affairs. 


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MEDICAL SUPPORT AND COMPLIANCE

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in 

support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts 

owed the Department as authorized under chapter 17 of title 38, 

United States Code, and the Federal Medical Care Recovery Act (42 

U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, shall become available on October 1, 2012, and shall remain available until 

September 30, 2013. 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, domiciliary facilities, and other necessary 

facilities of the Veterans Health Administration; for administrative 

expenses in support of planning, design, project management, real 

property acquisition and disposition, construction, and renovation of 

any facility under the jurisdiction or for the use of the Department; 

for oversight, engineering, and architectural activities not charged 

to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of 

the Department, not otherwise provided for, either by contract or by 

the hire of temporary employees and purchase of materials; for 

leases of facilities; and for laundry services, $5,441,000,000, plus reimbursements, shall become available on October 1, 2012, and shall 

remain available until September 30, 2013. 

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical and 

prosthetic research and development as authorized by chapter 73 of 

title 38, United States Code, $581,000,000, plus reimbursements, 

shall remain available until September 30, 2013. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in 

cemeterial operations; hire of passenger motor vehicles; and repair, 

alteration or improvement of facilities under the jurisdiction of the 

National Cemetery Administration, $250,934,000, of which not to 

exceed $25,100,000 shall remain available until September 30, 

2013: Provided, That none of the funds under this heading may be 

used to expand the Urban Initiative project beyond those sites outlined in the fiscal year 2012 or previous budget submissions until 

the National Cemetery Administration submits to the Committees 

on Appropriations of both Houses of Congress a detailed strategy to 

serve the burial needs of veterans residing in rural and highly rural 

areas: Provided further, That the report shall include a timeline for 

implementation of such strategy and cost estimates of establishing 

new burial sites in at least five rural or highly rural locations. 


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DEPARTMENTAL ADMINISTRATION

GENERAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

For necessary operating expenses of the Department of Veterans 

Affairs, not otherwise provided for, including administrative expenses in support of Department-Wide capital planning, management and policy activities, uniforms, or allowances therefor; not to 

exceed $25,000 for official reception and representation expenses; 

hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, $416,737,000, of 

which not to exceed $20,837,000 shall remain available until September 30, 2013: Provided, That funds provided under this heading 

may be transferred to ‘‘General operating expenses, Veterans Benefits Administration’’. 

GENERAL OPERATING EXPENSES, VETERANS BENEFITS

ADMINISTRATION

For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger 

motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, 

$2,018,764,000: Provided, That expenses for services and assistance 

authorized under paragraphs (1), (2), (5), and (11) of section 

3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: 

(1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum 

independence in daily living, shall be charged to this account: Provided further, That of the funds made available under this heading, 

not to exceed $105,000,000 shall remain available until September 

30, 2013: Provided further, That from the funds made available 

under this heading, the Veterans Benefits Administration may purchase (on a one-for-one replacement basis only) up to two passenger 

motor vehicles for use in operations of that Administration in Manila, Philippines. 

INFORMATION TECHNOLOGY SYSTEMS

For necessary expenses for information technology systems and 

telecommunications support, including developmental information 

systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual 

costs of said acquisitions, including contractual costs associated 

with operations authorized by section 3109 of title 5, United States 

Code, $3,111,376,000, plus reimbursements: Provided, That 

$915,000,000 shall be for pay and associated costs, of which not to 

exceed $25,000,000 shall remain available until September 30, 

2013: Provided further, That $1,616,018,000 shall be for operations 

and maintenance, of which not to exceed $110,000,000 shall remain 

available until September 30, 2013: Provided further, That 

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ment, modernization, and enhancement, and shall remain available 

until September 30, 2013: Provided further, That none of the funds 

made available under this heading may be obligated until the Department of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress, and such Committees approve, 

a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of 

Management and Budget; (2) complies with the Department of Veterans Affairs enterprise architecture; (3) conforms with an established enterprise life cycle methodology; and (4) complies with the 

acquisition rules, requirements, guidelines, and systems acquisition 

management practices of the Federal Government: Provided further, 

That amounts made available for information technology systems 

development, modernization, and enhancement may not be obligated 

or expended until the Secretary of Veterans Affairs or the Chief Information Officer of the Department of Veterans Affairs submits to 

the Committees on Appropriations of both Houses of Congress a certification of the amounts, in parts or in full, to be obligated and expended for each development project: Provided further, That 

amounts made available for salaries and expenses, operations and 

maintenance, and information technology systems development, 

modernization, and enhancement may be transferred among the 

three subaccounts after the Secretary of Veterans Affairs requests 

from the Committees on Appropriations of both Houses of Congress 

the authority to make the transfer and an approval is issued: Provided further, That the funds made available under this heading for 

information technology systems development, modernization, and 

enhancement, shall be for the projects, and in the amounts, specified 

under this heading in the Joint Explanatory Statement of the Committee of Conference. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the 

Inspector General Act of 1978 (5 U.S.C. App.), $112,391,000, of 

which $6,000,000 shall remain available until September 30, 2013. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending, and improving any of the 

facilities, including parking projects, under the jurisdiction or for 

the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 

8109, 8110, and 8122 of title 38, United States Code, including 

planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, 

services of claims analysts, offsite utility and storm drainage system 

construction costs, and site acquisition, where the estimated cost of 

a project is more than the amount set forth in section 8104(a)(3)(A) 

of title 38, United States Code, or where funds for a project were 

made available in a previous major project appropriation, 

$589,604,000, to remain available until expended, of which 

$5,000,000 shall be to make reimbursements as provided in section 

13 of the Contract Disputes Act of 1978 (41 U.S.C. 612) for claims 


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paid for contract disputes: Provided, That except for advance planning activities, including needs assessments which may or may not 

lead to capital investments, and other capital asset management related activities, including portfolio development and management 

activities, and investment strategy studies funded through the advance planning fund and the planning and design activities funded 

through the design fund, including needs assessments which may or 

may not lead to capital investments, and salaries and associated 

costs of the resident engineers who oversee those capital investments 

funded through this account, and funds provided for the purchase 

of land for the National Cemetery Administration through the land 

acquisition line item, none of the funds made available under this 

heading shall be used for any project which has not been approved 

by the Congress in the budgetary process: Provided further, That 

funds made available under this heading for fiscal year 2012, for 

each approved project shall be obligated: (1) by the awarding of a 

construction documents contract by September 30, 2012; and (2) by 

the awarding of a construction contract by September 30, 2013: Provided further, That the Secretary of Veterans Affairs shall promptly 

submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project 

for which obligations are not incurred within the time limitations 

established above. 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the 

facilities, including parking projects, under the jurisdiction or for 

the use of the Department of Veterans Affairs, including planning 

and assessments of needs which may lead to capital investments, 

architectural and engineering services, maintenance or guarantee 

period services costs associated with equipment guarantees provided 

under the project, services of claims analysts, offsite utility and 

storm drainage system construction costs, and site acquisition, or 

for any of the purposes set forth in sections 316, 2404, 2406, 8102, 

8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United 

States Code, where the estimated cost of a project is equal to or less 

than the amount set forth in section 8104(a)(3)(A) of title 38, United 

States Code, $482,386,000, to remain available until expended, 

along with unobligated balances of previous ‘‘Construction, minor 

projects’’ appropriations which are hereby made available for any 

project where the estimated cost is equal to or less than the amount 

set forth in such section: Provided, That funds made available 

under this heading shall be for: (1) repairs to any of the nonmedical 

facilities under the jurisdiction or for the use of the Department 

which are necessary because of loss or damage caused by any natural disaster or catastrophe; and (2) temporary measures necessary 

to prevent or to minimize further loss by such causes. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by sections 


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8131 through 8137 of title 38, United States Code, $85,000,000, to 

remain available until expended. 

GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

For grants to assist States and tribal governments in establishing, expanding, or improving veterans cemeteries as authorized 

by section 2408 of title 38, United States Code, $46,000,000, to remain available until expended. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2012 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred as necessary to any 

other of the mentioned appropriations: Provided, That before a 

transfer may take place, the Secretary of Veterans Affairs shall request from the Committees on Appropriations of both Houses of 

Congress the authority to make the transfer and such Committees 

issue an approval, or absent a response, a period of 30 days has 

elapsed. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2012, in this Act or any other Act, 

under the ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

and ‘‘Medical facilities’’ accounts may be transferred among the accounts: Provided, That any transfers between the ‘‘Medical services’’ 

and ‘‘Medical support and compliance’’ accounts of 1 percent or less 

of the total amount appropriated to the account in this or any other 

Act may take place subject to notification from the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses 

of Congress of the amount and purpose of the transfer: Provided further, That any transfers between the ‘‘Medical services’’ and ‘‘Medical support and compliance’’ accounts in excess of 1 percent, or exceeding the cumulative 1 percent for the fiscal year, may take place 

only after the Secretary requests from the Committees on Appropriations of both Houses of Congress the authority to make the transfer 

and an approval is issued: Provided further, That any transfers to 

or from the ‘‘Medical facilities’’ account may take place only after 

the Secretary requests from the Committees on Appropriations of 

both Houses of Congress the authority to make the transfer and an 

approval is issued. 

SEC. 203. Appropriations available in this title for salaries and 

expenses shall be available for services authorized by section 3109 

of title 5, United States Code, hire of passenger motor vehicles; lease 

of a facility or land or both; and uniforms or allowances therefore, 

as authorized by sections 5901 through 5902 of title 5, United 

States Code. 

SEC. 204. No appropriations in this title (except the appropriations for ‘‘Construction, major projects’’, and ‘‘Construction, minor 

projects’’) shall be available for the purchase of any site for or toward the construction of any new hospital or home. 


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SEC. 205. No appropriations in this title shall be available for 

hospitalization or examination of any persons (except beneficiaries 

entitled to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States 

Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 

cost of such hospitalization or examination is made to the ‘‘Medical 

services’’ account at such rates as may be fixed by the Secretary of 

Veterans Affairs. 

SEC. 206. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year 

accrued obligations required to be recorded by law against the corresponding prior year accounts within the last quarter of fiscal year 

2011. 

SEC. 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 

3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from 

‘‘Compensation and pensions’’. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 208. Notwithstanding any other provision of law, during 

fiscal year 2012, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund under section 1920 of title 38, 

United States Code, the Veterans’ Special Life Insurance Fund 

under section 1923 of title 38, United States Code, and the United 

States Government Life Insurance Fund under section 1955 of title 

38, United States Code, reimburse the ‘‘General operating expenses, 

Veterans Benefits Administration’’ and ‘‘Information technology systems’’ accounts for the cost of administration of the insurance programs financed through those accounts: Provided, That reimbursement shall be made only from the surplus earnings accumulated in 

such an insurance program during fiscal year 2012 that are available for dividends in that program after claims have been paid and 

actuarially determined reserves have been set aside: Provided further, That if the cost of administration of such an insurance program exceeds the amount of surplus earnings accumulated in that 

program, reimbursement shall be made only to the extent of such 

surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 2012 which is properly allocable to the provision of each such insurance program and 

to the provision of any total disability income insurance included in 

that insurance program. 

SEC. 209. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds are 

received. 


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(INCLUDING TRANSFER OF FUNDS)

SEC. 210. Funds available in this title or funds for salaries and 

other administrative expenses shall also be available to reimburse 

the Office of Resolution Management of the Department of Veterans 

Affairs and the Office of Employment Discrimination Complaint 

Adjudication under section 319 of title 38, United States Code, for 

all services provided at rates which will recover actual costs but not 

exceed $42,904,000 for the Office of Resolution Management and 

$3,360,000 for the Office of Employment and Discrimination Complaint Adjudication: Provided, That payments may be made in advance for services to be furnished based on estimated costs: Provided 

further, That amounts received shall be credited to the ‘‘General administration’’ and ‘‘Information technology systems’’ accounts for use 

by the office that provided the service. 

SEC. 211. No appropriations in this title shall be available to 

enter into any new lease of real property if the estimated annual 

rental cost is more than $1,000,000, unless the Secretary submits a 

report which the Committees on Appropriations of both Houses of 

Congress approve within 30 days following the date on which the 

report is received. 

SEC. 212. No funds of the Department of Veterans Affairs shall 

be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to the 

Secretary of Veterans Affairs, in such form as the Secretary may require, current, accurate third-party reimbursement information for 

purposes of section 1729 of such title: Provided, That the Secretary 

may recover, in the same manner as any other debt due the United 

States, the reasonable charges for such care or services from any 

person who does not make such disclosure as required: Provided 

further, That any amounts so recovered for care or services provided 

in a prior fiscal year may be obligated by the Secretary during the 

fiscal year in which amounts are received. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 213. Notwithstanding any other provision of law, proceeds 

or revenues derived from enhanced-use leasing activities (including 

disposal) may be deposited into the ‘‘Construction, major projects’’ 

and ‘‘Construction, minor projects’’ accounts and be used for construction (including site acquisition and disposition), alterations, 

and improvements of any medical facility under the jurisdiction or 

for the use of the Department of Veterans Affairs. Such sums as realized are in addition to the amount provided for in ‘‘Construction, 

major projects’’ and ‘‘Construction, minor projects’’. 

SEC. 214. Amounts made available under ‘‘Medical services’’ are 

available— 

(1) for furnishing recreational facilities, supplies, and 

equipment; and 

(2) for funeral expenses, burial expenses, and other expenses 

incidental to funerals and burials for beneficiaries receiving 

care in the Department. 


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(INCLUDING TRANSFER OF FUNDS)

SEC. 215. Such sums as may be deposited to the Medical Care 

Collections Fund pursuant to section 1729A of title 38, United 

States Code, may be transferred to ‘‘Medical services’’, to remain 

available until expended for the purposes of that account. 

SEC. 216. The Secretary of Veterans Affairs may enter into 

agreements with Indian tribes and tribal organizations which are 

party to the Alaska Native Health Compact with the Indian Health 

Service, and Indian tribes and tribal organizations serving rural 

Alaska which have entered into contracts with the Indian Health 

Service under the Indian Self Determination and Educational Assistance Act, to provide healthcare, including behavioral health and 

dental care. The Secretary shall require participating veterans and 

facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term ‘‘rural Alaska’’ shall mean 

those lands sited within the external boundaries of the Alaska Native regions specified in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), and 

those lands within the Alaska Native regions specified in sections 

7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement Act, as 

amended (43 U.S.C. 1606), which are not within the boundaries of 

the Municipality of Anchorage, the Fairbanks North Star Borough, 

the Kenai Peninsula Borough or the Matanuska Susitna Borough. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 217. Such sums as may be deposited to the Department of 

Veterans Affairs Capital Asset Fund pursuant to section 8118 of 

title 38, United States Code, may be transferred to the ‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’ accounts, to 

remain available until expended for the purposes of these accounts. 

SEC. 218. None of the funds made available in this title may 

be used to implement any policy prohibiting the Directors of the Veterans Integrated Services Networks from conducting outreach or 

marketing to enroll new veterans within their respective Networks. 

SEC. 219. The Secretary of Veterans Affairs shall submit to the 

Committees on Appropriations of both Houses of Congress a quarterly report on the financial status of the Veterans Health Administration. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 220. Amounts made available under the ‘‘Medical services’’, ‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘General operating expenses, Veterans Benefits Administration’’, ‘‘General administration’’, and ‘‘National Cemetery Administration’’ accounts for fiscal year 2012, may be transferred to or from the ‘‘Information technology systems’’ account: Provided, That before a transfer may take place, the Secretary of Veterans Affairs shall request 

from the Committees on Appropriations of both Houses of Congress 

the authority to make the transfer and an approval is issued. 

(INCLUDING TRANSFER OF FUNDS)

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hancement may be transferred between projects or to newly defined 

projects: Provided, That no project may be increased or decreased by 

more than $1,000,000 of cost prior to submitting a request to the 

Committees on Appropriations of both Houses of Congress to make 

the transfer and an approval is issued, or absent a response, a period of 30 days has elapsed. 

SEC. 222. None of the funds appropriated or otherwise made 

available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) 

section 842 of the Transportation, Treasury, Housing and Urban 

Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law 109–115; 

119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States 

Code. 

SEC. 223. Of the amounts made available to the Department of 

Veterans Affairs for fiscal year 2012, in this Act or any other Act, 

under the ‘‘Medical facilities’’ account for nonrecurring maintenance, not more than 20 percent of the funds made available shall 

be obligated during the last 2 months of that fiscal year: Provided, 

That the Secretary may waive this requirement after providing written notice to the Committees on Appropriations of both Houses of 

Congress. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 224. Of the amounts appropriated to the Department of 

Veterans Affairs for fiscal year 2012 for ‘‘Medical services’’, ‘‘Medical 

support and compliance’’, ‘‘Medical facilities’’, ‘‘Construction, minor 

projects’’, and ‘‘Information technology systems’’, up to $241,666,000, 

plus reimbursements, may be transferred to the Joint Department of 

Defense-Department of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 

123 Stat. 3571) and may be used for operation of the facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act 

for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): Provided, That additional funds may be transferred from accounts designated in this section to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon 

written notification by the Secretary of Veterans Affairs to the Committees on Appropriations of both Houses of Congress. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 225. Such sums as may be deposited to the Medical Care 

Collections Fund pursuant to section 1729A of title 38, United 

States Code, for health care provided at facilities designated as 

combined Federal medical facilities as described by section 706 of 

the Duncan Hunter National Defense Authorization Act for Fiscal 

Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be available: (1) for transfer to the Joint Department of Defense-Department 

of Veterans Affairs Medical Facility Demonstration Fund, established by section 1704 of the National Defense Authorization Act for 

Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571); and (2) for 

operations of the facilities designated as combined Federal medical 


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facilities as described by section 706 of the Duncan Hunter National 

Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 

417; 122 Stat. 4500). 

(INCLUDING TRANSFER OF FUNDS)

SEC. 226. Of the amounts available in this title for ‘‘Medical 

services’’, ‘‘Medical support and compliance’’, and ‘‘Medical facilities’’, a minimum of $15,000,000, shall be transferred to the DODVA Health Care Sharing Incentive Fund, as authorized by section 

8111(d) of title 38, United States Code, to remain available until expended, for any purpose authorized by section 8111 of title 38, 

United States Code. 

(INCLUDING RESCISSIONS OF FUNDS)

SEC. 227. (a) Of the funds appropriated in title X of division 

B of Public Law 112–10, the following amounts which became 

available on October 1, 2011, are hereby rescinded from the following accounts in the amounts specified: 

(1) ‘‘Department of Veterans Affairs, Medical services’’, 

$1,400,000,000. 

(2) ‘‘Department of Veterans Affairs, Medical support and 

compliance’’, $100,000,000. 

(3) ‘‘Department of Veterans Affairs, Medical facilities’’, $250,000,000. 

(b) In addition to amounts provided elsewhere in this Act, an 

additional amount is appropriated to the following accounts in the 

amounts specified to remain available until September 30, 2013: 

(1) ‘‘Department of Veterans Affairs, Medical services’’, $1,400,000,000. 

(2) ‘‘Department of Veterans Affairs, Medical support and 

compliance’’, $100,000,000. 

(3) ‘‘Department of Veterans Affairs, Medical facilities’’, 

$250,000,000. 

SEC. 228. The Secretary of the Department of Veterans Affairs 

shall notify the Committees on Appropriations of both Houses of 

Congress of all bid savings in major construction projects that total 

at least $5,000,000, or 5 percent of the programmed amount of the 

project, whichever is less: Provided, That such notification shall 

occur within 14 days of a contract identifying the programmed 

amount: Provided further, That the Secretary shall notify the committees 14 days prior to the obligation of such bid savings and shall 

describe the anticipated use of such savings. 

SEC. 229. The scope of work for a project included in ‘‘Construction, major projects’’ may not be increased above the scope specified 

for that project in the original justification data provided to the 

Congress as part of the request for appropriations. 

SEC. 230. (a) EXCEPTION WITH RESPECT TO CONFIDENTIAL NATURE OF CLAIMS.—Section 5701 of title 38, United States Code, is 

amended by adding at the end the following new subsection: 

‘‘(l) Under regulations the Secretary shall prescribe, the Secretary may disclose information about a veteran or the dependent 

of a veteran to a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human 

Services under section 399O of the Public Health Service Act (42 


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U.S.C. 280g–3), to the extent necessary to prevent misuse and diversion of prescription medicines.’’. 

(b) EXCEPTION WITH RESPECT TO CONFIDENTIALITY OF CERTAIN

MEDICAL RECORDS.—Section 7332(b)(2) of title 38, United States 

Code, is amended by adding at the end the following new subparagraph: 

‘‘(G) To a State controlled substance monitoring program, including a program approved by the Secretary of 

Health and Human Services under section 399O of the 

Public Health Service Act (42 U.S.C. 280g–3), to the extent 

necessary to prevent misuse and diversion of prescription 

medicines.’’. 

SEC. 231. The Secretary of Veterans Affairs shall provide on a 

quarterly basis to the Committees on Appropriations of both Houses 

of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $2,000,000. 

The first report shall be submitted no later than April 15, 2012. 

SEC. 232. None of the funds made available by this Act may be 

used to declare as excess to the needs of the Department of Veterans 

Affairs or otherwise take any action to exchange, trade, auction, 

transfer, or otherwise dispose of, or reduce the acreage of, Federal 

land and improvements at the St. Albans campus, consisting of approximately 55 acres of land, with borders near Linden Boulevard 

on the northwest, 115th Avenue on the west, the Long Island Railroad on the northeast, and Baisley Boulevard on the southeast. 

SEC. 233. None of the funds made available in this Act may be 

used to enter into a contract using procedures that do not give to 

small business concerns owned and controlled by veterans (as that 

term is defined in section 3(q)(3) of the Small Business Act (15 

U.S.C. 632(q)(3)) that are included in the database under section 

8127(f) of title 38, United States Code, any preference available with 

respect to such contract, except for a preference given to small business concerns owned and controlled by service-disabled veterans (as 

defined in section 3(q)(2) of the Small Business Act (15 U.S.C. 

632(q)(2)). 

SEC. 234. Section 315(b) of title 38, United States Code, is 

amended by striking ‘‘December 31, 2011’’ and inserting ‘‘December 

31, 2012’’. 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of 

land or interest in land in foreign countries; purchases and repair 

of uniforms for caretakers of national cemeteries and monuments 

outside of the United States and its territories and possessions; rent 

of office and garage space in foreign countries; purchase (one-for-one 

replacement basis only) and hire of passenger motor vehicles; not to 

exceed $7,500 for official reception and representation expenses; and 

insurance of official motor vehicles in foreign countries, when reVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00380 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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quired by law of such countries, $61,100,000, to remain available 

until expended. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized 

by section 2109 of title 36, United States Code. 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by sections 

7251 through 7298 of title 38, United States Code, $30,770,000: Provided, That $2,726,323 shall be available for the purpose of providing financial assistance as described, and in accordance with the 

process and reporting procedures set forth, under this heading in 

Public Law 102–229. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, 

operation, and improvement of Arlington National Cemetery and 

Soldiers’ and Airmen’s Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a onefor-one basis only, and not to exceed $1,000 for official reception 

and representation expenses, $45,800,000, to remain available until 

expended. In addition, such sums as may be necessary for parking 

maintenance, repairs and replacement, to be derived from the 

‘‘Lease of Department of Defense Real Property for Defense Agencies’’ 

account. 

Funds appropriated under this Act may be provided to Arlington County, Virginia, for the relocation of the federally owned water 

main at Arlington National Cemetery making additional land 

available for ground burials. 

ARMED FORCES RETIREMENT HOME

TRUST FUND

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home— 

Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available 

in the Armed Forces Retirement Home Trust Fund, $67,700,000, of 

which $2,000,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces 

Retirement Home—Washington, District of Columbia, and the 

Armed Forces Retirement Home—Gulfport, Mississippi. 


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GENERAL FUND PAYMENT, ARMED FORCES RETIREMENT HOME

For payment to the ‘‘Armed Forces Retirement Home’’, $14,630,000, to remain available until expended, for expenses necessary to mitigate structural damage sustained to buildings on the 

Armed Forces Retirement Home—Washington, District of Columbia, 

campus as a result of the August 2011 earthquake. 

TITLE IV 

OVERSEAS CONTINGENCY OPERATIONS 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

For an additional amount for ‘‘Military Construction, Army’’, $80,000,000, to remain available until September 30, 2012: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy and Marine Corps’’, $189,703,000, to remain available until September 

30, 2012: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

ADMINISTRATIVE PROVISIONS

(INCLUDING RESCISSION OF FUNDS)

SEC. 401. Of the unobligated balances in title IV, division E of Public Law 111–117, $269,703,000 are hereby rescinded: Provided, 

That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

TITLE V 

GENERAL PROVISIONS 

SEC. 501. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 502. None of the funds made available in this Act may be 

used for any program, project, or activity, when it is made known 

to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with 

any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 

SEC. 503. Such sums as may be necessary for fiscal year 2012 

for pay raises for programs funded by this Act shall be absorbed 

within the levels appropriated in this Act. 


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SEC. 504. No part of any funds appropriated in this Act shall 

be used by an agency of the executive branch, other than for normal 

and recognized executive-legislative relationships, for publicity or 

propaganda purposes, and for the preparation, distribution, or use 

of any kit, pamphlet, booklet, publication, radio, television, or film 

presentation designed to support or defeat legislation pending before 

Congress, except in presentation to Congress itself. 

SEC. 505. All departments and agencies funded under this Act 

are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of ‘‘E–Commerce’’ technologies 

and procedures in the conduct of their business practices and public 

service activities. 

SEC. 506. Unless stated otherwise, all reports and notifications 

required by this Act shall be submitted to the Subcommittee on 

Military Construction and Veterans Affairs, and Related Agencies of 

the Committee on Appropriations of the House of Representatives 

and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of 

the Senate. 

SEC. 507. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government except pursuant to a transfer made by, 

or transfer authority provided in, this or any other appropriations 

Act. 

SEC. 508. None of the funds made available in this Act may be 

used for a project or program named for an individual serving as 

a Member, Delegate, or Resident Commissioner of the United States 

House of Representatives. 

SEC. 509. (a) Any agency receiving funds made available in this 

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

website of that agency any report required to be submitted by the 

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

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

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

(1) the public posting of the report compromises national 

security; or 

(2) the report contains confidential or proprietary information. 

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

after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 

SEC. 510. (a) None of the funds made available in this Act may 

be used to maintain or establish a computer network unless such 

network blocks the viewing, downloading, and exchanging of pornography. 

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 

SEC. 511. (a) IN GENERAL.—None of the funds appropriated or 

otherwise made available to the Department of Defense in this Act 

may be used to construct, renovate, or expand any facility in the 

United States, its territories, or possessions to house any individual 

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


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for the purposes of detention or imprisonment in the custody or 

under the control of the Department of Defense. 

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

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

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

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

Guantanamo Bay, Cuba, and who— 

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

Armed Forces of the United States; and 

(2) is— 

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

Department of Defense; or 

(B) otherwise under detention at United States Naval 

Station, Guantanamo Bay, Cuba. 

SEC. 512. None of the funds appropriated or otherwise made 

available in this Act may be used by an agency of the executive 

branch to pay for first-class travel by an employee of the agency in 

contravention of sections 301–10.122 through 301–10.124 of title 41, 

Code of Federal Regulations. 

SEC. 513. None of the funds provided in this Act may be used 

to execute a contract for goods or services, including construction 

services, where the contractor has not complied with Executive 

Order No. 12989. 

SEC. 514. None of the funds made available by this Act may be 

used to enter into a contract, memorandum of understanding, or cooperative agreement with, or to make a grant to, any corporation 

that was convicted of a felony criminal violation under any Federal 

or State law within the preceding 24 months, where the awarding 

agency is aware of the conviction, unless the agency has considered 

suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests 

of the Government. 

This division may be cited as the ‘‘Military Construction and 

Veterans Affairs, and Related Agencies Appropriations Act, 2012’’. 

DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2012 

TITLE I 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $6,550,947,000, of which up 

to $1,355,000,000 is for Worldwide Security Protection (to remain 

available until expended): Provided, That funds made available 

under this heading shall be allocated as follows: 


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(1) HUMAN RESOURCES.—For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws 

of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and 

Educational Exchange Act of 1948, $2,277,862,000, to remain 

available until September 30, 2013, of which not less than 

$121,814,000 shall be available only for public diplomacy 

American salaries, and up to $203,800,000 is for Worldwide Security Protection and shall remain available until expended. 

(2) OVERSEAS PROGRAMS.—For necessary expenses for the 

regional bureaus of the Department of State and overseas activities as authorized by law, $2,109,293,000, to remain available until September 30, 2013, of which not less than 

$347,572,000 shall be available only for public diplomacy international information programs. 

(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary expenses for the functional bureaus of the Department of State including representation to certain international organizations in 

which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific 

Acts of Congress, general administration, and arms control, 

nonproliferation and disarmament activities as authorized, 

$822,513,000, to remain available until September 30, 2013. 

(4) SECURITY PROGRAMS.—For necessary expenses for secu- rity activities, $1,341,279,000, to remain available until September 30, 2013, of which up to $1,151,200,000 is for Worldwide Security Protection and shall remain available until expended. 

(5) FEES AND PAYMENTS COLLECTED.—In addition to 

amounts otherwise made available under this heading— (A) not to exceed $1,753,991 shall be derived from fees 

collected from other executive agencies for lease or use of facilities located at the International Center in accordance 

with section 4 of the International Center Act, and, in addition, as authorized by section 5 of such Act, $520,150, to be 

derived from the reserve authorized by that section, to be 

used for the purposes set out in that section; 

(B) as authorized by section 810 of the United States 

Information and Educational Exchange Act, not to exceed 

$5,000,000, to remain available until expended, may be 

credited to this appropriation from fees or other payments 

received from English teaching, library, motion pictures, 

and publication programs and from fees from educational 

advising and counseling and exchange visitor programs; 

and 

(C) not to exceed $15,000, which shall be derived from 

reimbursements, surcharges and fees for use of Blair House 

facilities. 

(6) TRANSFER, REPROGRAMMING, AND OTHER MATTERS.— (A) Notwithstanding any provision of this Act, funds 

may be reprogrammed within and between subsections 

under this heading subject to section 7015 of this Act; 

(B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and 


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merged with, funds made available by this Act under the 

heading ‘‘Emergencies in the Diplomatic and Consular 

Service’’, to be available only for emergency evacuations 

and rewards, as authorized; and 

(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger 

motor vehicles as authorized by law and, pursuant to 31 

U.S.C. 1108(g), for the field examination of programs and 

activities in the United States funded from any account 

contained in this title. 

(D) Of the amount made available under this heading, up to $6,000,000 may be transferred to, and merged with, 

funds made available by this Act under the heading ‘‘Department of State, Administration of Foreign Affairs, Capital Investment Fund’’: Provided, That the transfer authority of this subparagraph is in addition to any other transfer 

authority available to the Secretary of State. 

(E)(i) The headings ‘‘Civilian Stabilization Initiative’’ 

in titles I and II of prior acts making appropriations for the 

Department of State, foreign operations, and related programs shall be renamed ‘‘Conflict Stabilization Operations’’. 

(ii) Of the funds appropriated under this heading, up 

to $35,000,000, to remain available until expended, may be 

transferred to, and merged with, funds previously made 

available under the heading ‘‘Conflict Stabilization Operations’’ in title I of prior acts making appropriations for the 

Department of State, foreign operations and related programs, as amended by subparagraph (i). 

(F) None of the funds appropriated under this heading 

may be used for the preservation of religious sites unless 

the Secretary of State determines and reports to the Committees on Appropriations that such sites are historically, 

artistically, or culturally significant, that the purpose of the 

project is neither to advance nor to inhibit the free exercise 

of religion, and that the project is in the national interest 

of the United States. 

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, 

$59,380,000, to remain available until expended, as authorized: Provided, That section 135(e) of Public Law 103–236 shall not apply 

to funds available under this heading. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$61,904,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465), as it relates to post inspections. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, as 

authorized, $583,200,000, to remain available until expended: Provided, That not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other 


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payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor 

programs as authorized. 

REPRESENTATION ALLOWANCES

For representation allowances as authorized, $7,300,000. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary of 

State to provide for extraordinary protective services, as authorized, 

$27,000,000, to remain available until September 30, 2013. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining, 

repairing, and planning for buildings that are owned or directly 

leased by the Department of State, renovating, in addition to funds 

otherwise available, the Harry S Truman Building, and carrying 

out the Diplomatic Security Construction Program as authorized, 

$762,000,000, to remain available until expended as authorized, of 

which not to exceed $25,000 may be used for domestic and overseas 

representation as authorized: Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of 

furniture, furnishings, or generators for other departments and 

agencies. 

In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $775,000,000, to remain 

available until expended: Provided, That not later than 45 days 

after enactment of this Act, the Secretary of State shall submit to 

the Committees on Appropriations the proposed allocation of funds 

made available under this heading and the actual and anticipated 

proceeds of sales for all projects in fiscal year 2012. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to enable the Secretary of State to meet 

unforeseen emergencies arising in the Diplomatic and Consular 

Service, $9,300,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to, and 

merged with, funds appropriated by this Act under the heading ‘‘Repatriation Loans Program Account’’, subject to the same terms and 

conditions. 

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $1,447,000, as authorized, of which 

$710,000 may be made available for administrative expenses necessary to carry out the direct loan program and may be paid to 

‘‘Diplomatic and Consular Programs’’: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined in 

section 502 of the Congressional Budget Act of 1974. 


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PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

For necessary expenses to carry out the Taiwan Relations Act 

(Public Law 96–8), $21,108,000. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the Foreign Service Retirement and Disability 

Fund, as authorized, $158,900,000. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and 

consent of the Senate, conventions or specific Acts of Congress, 

$1,449,700,000: Provided, That the Secretary of State shall, at the 

time of the submission of the President’s budget to Congress under 

section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared 

by the United Nations for the operations of the United Nations: Provided further, That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations 

action to increase funding for any United Nations program without 

identifying an offsetting decrease elsewhere in the United Nations 

budget: Provided further, That the Secretary of State shall report to 

the Committees on Appropriations not later than May 1, 2012, on 

any credits available to the United States from the United Nations 

Tax Equalization Fund (TEF) and provide updated fiscal year 2013 

assessment costs including offsets from available TEF credits and 

updated foreign currency exchange rates: Provided further, That 

any such credits shall only be available for United States assessed 

contributions to the United Nations and shall be subject to the regular notification procedures of the Committees on Appropriations: 

Provided further, That any payment of arrearages under this heading shall be directed toward activities that are mutually agreed 

upon by the United States and the respective international organization: Provided further, That none of the funds appropriated under 

this heading shall be available for a United States contribution to 

an international organization for the United States share of interest 

costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses of 

international peacekeeping activities directed to the maintenance or 

restoration of international peace and security, $1,828,182,000, of 

which 15 percent shall remain available until September 30, 2013: 

Provided, That none of the funds made available by this Act shall 

be obligated or expended for any new or expanded United Nations 

peacekeeping mission unless, at least 15 days in advance of voting 


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for the new or expanded mission in the United Nations Security 

Council (or in an emergency as far in advance as is practicable), the 

Committees on Appropriations are notified: (1) of the estimated cost 

and duration of the mission, the national interest that will be 

served, and the exit strategy; (2) that the United Nations has taken 

necessary measures to prevent United Nations employees, contractor 

personnel, and peacekeeping troops serving in the mission from trafficking in persons, exploiting victims of trafficking, or committing 

acts of illegal sexual exploitation or other violations of human 

rights, and to bring to justice individuals who engage in such acts 

while participating in the peacekeeping mission, including prosecution in their home countries of such individuals in connection with 

such acts, and to make information about such cases publicly available in the country where an alleged crime occurs and on the United 

Nations’ Web site; and (3) pursuant to section 7015 of this Act, and 

the procedures therein followed, setting forth the source of funds 

that will be used to pay the cost of the new or expanded mission: 

Provided further, That funds shall be available for peacekeeping expenses unless the Secretary of State determines that American manufacturers and suppliers are not being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further, That the Secretary of State 

shall work with the United Nations and governments contributing 

peacekeeping troops to develop effective vetting procedures to ensure 

that such troops have not violated human rights: Provided further, 

That none of the funds appropriated or otherwise made available 

under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under 

the command or operational control of a foreign national, unless the 

President’s military advisors have submitted to the President a recommendation that such involvement is in the national interests of 

the United States and the President has submitted to the Congress 

such a recommendation: Provided further, That notwithstanding 

any other provision of law, funds appropriated or otherwise made 

available under this heading shall be available for United States 

assessed contributions up to the amount specified in Annex IV accompanying United Nations General Assembly Resolution 64/220: 

Provided further, That such funds may be made available above the 

amount authorized in section 404(b)(2)(B) of the Foreign Relations 

Authorization Act, fiscal years 1994 and 1995 (22 U.S.C. 287e note) 

only if the Secretary of State determines and reports to the Committees on Appropriations, the Committee on Foreign Affairs of the 

House of Representatives, and the Committee on Foreign Relations 

of the Senate that it is important to the national interest of the 

United States: Provided further, That the Secretary of State shall 

report to the Committees on Appropriations not later than May 1, 

2012, of any credits available to the United States resulting from 

United Nations peacekeeping missions or the United Nations Tax 

Equalization Fund: Provided further, That any such credits shall 

only be available for United States assessed contributions to the 

United Nations and shall be subject to the regular notification procedures of the Committees on Appropriations. 


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INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts 

of Congress, as follows: 

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation; as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, 

$44,722,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $31,453,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and the Border Environment Cooperation Commission as authorized by Public 

Law 103–182, $11,687,000: Provided, That of the amount provided 

under this heading for the International Joint Commission, $9,000 

may be made available for representation expenses. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, 

not otherwise provided for, as authorized by law, $36,300,000: Provided, That the United States share of such expenses may be advanced to the respective commissions pursuant to 31 U.S.C. 3324. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For necessary expenses to enable the Broadcasting Board of 

Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio and 

television broadcasting to the Middle East, $740,100,000: Provided, 

That funds appropriated under this heading shall be made available to expand unrestricted access to information on the Internet 

through the development and use of circumvention and secure communication technologies: Provided further, That the circumvention 

technologies and programs supported by such funds shall undergo 


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a review, to include an assessment of protections against such technologies being used for illicit purposes: Provided further, That the 

BBG shall coordinate the development and use of such technologies 

with the Secretary of State, as appropriate: Provided further, That 

of the total amount appropriated under this heading, not to exceed 

$16,000 may be used for official receptions within the United States 

as authorized, not to exceed $35,000 may be used for representation 

abroad as authorized, and not to exceed $39,000 may be used for 

official reception and representation expenses of Radio Free Europe/ 

Radio Liberty: Provided further, That the authority provided by section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 

2003 (Public Law 107–228; 22 U.S.C. 6206 note) shall remain in effect through September 30, 2012: Provided further, That the BBG 

shall notify the Committees on Appropriations within 15 days of 

any determination by the Board that any of its broadcast entities, 

including its grantee organizations, provides an open platform for 

international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth 

in the United States International Broadcasting Act of 1994 (22 

U.S.C. 6202(a) and (b)) or the entity’s journalistic code of ethics: 

Provided further, That significant modifications to BBG broadcast 

hours previously justified to Congress, including changes to transmission platforms (shortwave, medium wave, satellite, Internet, and 

television), for all BBG language services shall be subject to the regular notification procedures of the Committees on Appropriations: 

Provided further, That in addition to funds made available under 

this heading, and notwithstanding any other provision of law, up 

to $2,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from privatization efforts of the Voice of America and the International 

Broadcasting Bureau, to remain available until expended for carrying out authorized purposes. 

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception, including to Cuba, as authorized, $7,030,000, to remain available until expended, as authorized. 

RELATED PROGRAMS 

THE ASIA FOUNDATION

For a grant to The Asia Foundation, as authorized by The Asia 

Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available 

until expended, as authorized. 

UNITED STATES INSTITUTE OF PEACE

For necessary expenses of the United States Institute of Peace, 

as authorized by the United States Institute of Peace Act, 

$30,589,000, to remain available until September 30, 2013, which 

shall not be used for construction activities. 


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CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078), the total 

amount of the interest and earnings accruing to such Fund on or 

before September 30, 2012, to remain available until expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2012, to remain available until expended: Provided, That none of the funds appropriated 

herein shall be used to pay any salary or other compensation, or to 

enter into any contract providing for the payment thereof, in excess 

of the rate authorized by 5 U.S.C. 5376; or for purposes which are 

not in accordance with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal 

services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to the Israeli Arab Scholarship Fund on 

or before September 30, 2012, to remain available until expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out the 

provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the 

State of Hawaii, $16,700,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or enter into any 

contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376. 

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National 

Endowment for Democracy, as authorized by the National Endowment for Democracy Act, $117,764,000, to remain available until expended, of which $100,000,000 shall be allocated in the traditional 

and customary manner, including for the core institutes, and 

$17,764,000 shall be for democracy, human rights, and rule of law 

programs: Provided, That the President of the National Endowment 

for Democracy shall submit to the Committees on Appropriations 

not later than 45 days after the date of enactment of this Act a report on the proposed uses of funds under this heading on a regional 

and country basis. 


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OTHER COMMISSIONS 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For necessary expenses for the Commission for the Preservation 

of America’s Heritage Abroad, $634,000, as authorized by section 

1303 of Public Law 99–83. 

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (Public Law 105–292), 

$3,000,000, to remain available until September 30, 2013: Provided, 

That section 209 of the International Religious Freedom Act of 1998 

(22 U.S.C. 6436) shall be applied by substituting ‘‘September 30, 

2012’’ for ‘‘September 30, 2011’’: Provided further, That notwithstanding the expenditure limitation specified in section 208(c)(1) of 

such Act (22 U.S.C. 6435a(c)(1)), the Commission may expend up to 

$250,000 of the funds made available under this heading to procure 

temporary and intermittent services under the authority of section 

3109(b) of title 5, United States Code: Provided further, That travel 

by members and staff of the Commission shall be arranged and conducted under the rules and procedures applying to travel by members and staff of the House of Representatives: Provided further, 

That for the purposes of employment rights, any employee of the 

Commission shall be considered to be a congressional employee as 

defined in section 2107 of title 5, United States Code and the Commission shall be treated as a congressional employing office. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, 

$2,715,000, to remain available until September 30, 2013. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III of 

the U.S.-China Relations Act of 2000 (22 U.S.C. 6911–6919), 

$1,996,000, including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2013. 


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UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic 

and Security Review Commission, as authorized by section 1238 of 

the Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (22 U.S.C. 7002), $3,493,000, including not more than 

$4,000 for the purpose of official representation, to remain available 

until September 30, 2013: Provided, That the authorities, requirements, limitations, and conditions contained in the second through 

sixth provisos under this heading in division F of Public Law 111– 

117 shall continue in effect during fiscal year 2012 and shall apply 

to funds appropriated under this heading as if included in this Act. 

TITLE II 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $1,092,300,000, to remain 

available until September 30, 2013, of which not less than 

$25,000,000 should be for costs associated with procurement reform: 

Provided, That none of the funds appropriated under this heading 

and under the heading ‘‘Capital Investment Fund’’ in this title may 

be made available to finance the construction (including architect 

and engineering services), purchase, or long-term lease of offices for 

use by the United States Agency for International Development 

(USAID), unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for 

such purposes: Provided further, That contracts or agreements entered into with funds appropriated under this heading during fiscal 

year 2013 may entail commitments for the expenditure of such 

funds through the following fiscal year: Provided further, That any 

decision to open a new or reorganized USAID mission, bureau, center, or office or, except where there is a substantial security risk to 

mission personnel, to close or significantly reduce the number of 

personnel of any such mission or office, shall be subject to the regular notification procedures of the Committees on Appropriations: 

Provided further, That the authority of sections 610 and 109 of the 

Foreign Assistance Act of 1961 may be exercised by the Secretary of 

State to transfer funds appropriated to carry out chapter 1 of part 

I of such Act to ‘‘Operating Expenses’’ in accordance with the provisions of those sections: Provided further, That any reprogramming 

of funds in excess of $1,000,000 or 10 percent, whichever is less, to 

the cost categories in the table included under this heading in the 

joint explanatory statement accompanying this Act for funds appropriated under this heading, shall be subject to the regular notificaVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00394 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tion procedures of the Committees on Appropriations: Provided further, That of the funds appropriated or made available under this 

heading, not to exceed $250,000 may be available for representation 

and entertainment allowances, of which not to exceed $5,000 may 

be available for entertainment allowances, for USAID during the 

current fiscal year: Provided further, That no such entertainment 

funds may be used for the purposes listed in section 7020 of this 

Act: Provided further, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

technology and related capital investments, pursuant to section 667 

of the Foreign Assistance Act of 1961, $129,700,000, to remain 

available until expended: Provided, That this amount is in addition 

to funds otherwise available for such purposes: Provided further, 

That funds appropriated under this heading shall be available for 

obligation only pursuant to the regular notification procedures of 

the Committees on Appropriations. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 667 

of the Foreign Assistance Act of 1961, $46,500,000, to remain available until September 30, 2013, which sum shall be available for the 

Office of Inspector General of the United States Agency for International Development. 

TITLE III 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For necessary expenses to enable the President to carry out the 

provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: 

GLOBAL HEALTH PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for global 

health activities, in addition to funds otherwise available for such 

purposes, $2,625,000,000, to remain available until September 30, 

2013, and which shall be apportioned directly to the United States 

Agency for International Development (USAID): Provided, That this 

amount shall be made available for training, equipment, and technical assistance to build the capacity of public health institutions 

and organizations in developing countries, and for such activities 

as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, 

water and sanitation programs which directly address the needs of 

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ance for children displaced or orphaned by causes other than AIDS; 

(5) programs for the prevention, treatment, control of, and research 

on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to 

communities severely affected by HIV/AIDS, including children infected or affected by AIDS; and (6) family planning/reproductive 

health: Provided further, That funds appropriated under this paragraph may be made available for a United States contribution to 

the GAVI Alliance: Provided further, That none of the funds made 

available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or 

program which, as determined by the President of the United 

States, supports or participates in the management of a program of 

coercive abortion or involuntary sterilization: Provided further, That 

any determination made under the previous proviso must be made 

no later than 6 months after the date of enactment of this Act, and 

must be accompanied by the evidence and criteria utilized to make 

the determination: Provided further, That none of the funds made 

available under this Act may be used to pay for the performance of 

abortion as a method of family planning or to motivate or coerce 

any person to practice abortions: Provided further, That nothing in 

this paragraph shall be construed to alter any existing statutory 

prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That none of the funds made 

available under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion 

in developing nations, funds shall be available only to voluntary 

family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family 

planning methods and services, and that any such voluntary family 

planning project shall meet the following requirements: (1) service 

providers or referral agents in the project shall not implement or be 

subject to quotas, or other numerical targets, of total number of 

births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for 

budgeting and planning purposes); (2) the project shall not include 

payment of incentives, bribes, gratuities, or financial reward to: (A) 

an individual in exchange for becoming a family planning acceptor; 

or (B) program personnel for achieving a numerical target or quota 

of total number of births, number of family planning acceptors, or 

acceptors of a particular method of family planning; (3) the project 

shall not deny any right or benefit, including the right of access to 

participate in any program of general welfare or the right of access 

to health care, as a consequence of any individual’s decision not to 

accept family planning services; (4) the project shall provide family 

planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that 

might render the use of the method inadvisable and those adverse 

side effects known to be consequent to the use of the method; and 

(5) the project shall ensure that experimental contraceptive drugs 

and devices and medical procedures are provided only in the context 

of a scientific study in which participants are advised of potential 

risks and benefits; and, not less than 60 days after the date on 

which the USAID Administrator determines that there has been a 


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violation of the requirements contained in paragraph (1), (2), (3), or 

(5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report 

containing a description of such violation and the corrective action 

taken by the Agency: Provided further, That in awarding grants for 

natural family planning under section 104 of the Foreign Assistance 

Act of 1961 no applicant shall be discriminated against because of 

such applicant’s religious or conscientious commitment to offer only 

natural family planning; and, additionally, all such applicants 

shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing 

or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘‘motivate’’, as it relates to 

family planning assistance, shall not be construed to prohibit the 

provision, consistent with local law, of information or counseling 

about all pregnancy options: Provided further, That information 

provided about the use of condoms as part of projects or activities 

that are funded from amounts appropriated by this Act shall be 

medically accurate and shall include the public health benefits and 

failure rates of such use. 

In addition, for necessary expenses to carry out the provisions 

of the Foreign Assistance Act of 1961 for the prevention, treatment, 

and control of, and research on, HIV/AIDS, $5,542,860,000, to remain available until September 30, 2016, which shall be apportioned directly to the Department of State: Provided, That funds appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States 

Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 

2003 (Public Law 108–25), as amended, for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at the minimum rate 

necessary to make timely payment for projects and activities: Provided further, That the amount of such contribution should be 

$1,050,000,000: Provided further, That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal 

year 2012 may be made available to USAID for technical assistance 

related to the activities of the Global Fund: Provided further, That 

of the funds appropriated under this paragraph, up to $14,250,000 

may be made available, in addition to amounts otherwise available 

for such purposes, for administrative expenses of the Office of the 

United States Global AIDS Coordinator. 

DEVELOPMENT ASSISTANCE

For necessary expenses to carry out the provisions of sections 

103, 105, 106, 214, and sections 251 through 255, and chapter 10 

of part I of the Foreign Assistance Act of 1961, $2,519,950,000, to 

remain available until September 30, 2013: Provided, That relevant 

bureaus and offices of the United States Agency for International 

Development (USAID) that support cross-cutting development programs shall coordinate such programs on a regular basis: Provided 

further, That of the funds appropriated under this heading, not less 

than $23,000,000 shall be made available for the American Schools 

and Hospitals Abroad program, and not less than $10,000,000 shall 


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be made available for USAID cooperative development programs 

within the Office of Private and Voluntary Cooperation. 

INTERNATIONAL DISASTER ASSISTANCE

For necessary expenses to carry out the provisions of section 491 

of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $825,000,000, to 

remain available until expended. 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance pursuant to section 491 of the Foreign 

Assistance Act of 1961, $50,141,000, to remain available until expended, to support transition to democracy and to long-term development of countries in crisis: Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the 

peaceful resolution of conflict: Provided further, That the United 

States Agency for International Development shall submit a report 

to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further, That if the Secretary of State determines that it is important to the national interests of the United States to provide transition assistance in excess 

of the amount appropriated under this heading, up to $15,000,000 

of the funds appropriated by this Act to carry out the provisions of 

part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds 

appropriated under this heading: Provided further, That funds 

made available pursuant to the previous proviso shall be made 

available subject to prior consultation with the Committees on Appropriations. 

COMPLEX CRISES FUND

For necessary expenses to carry out the provisions of the Foreign 

Assistance Act of 1961 to enable the Administrator of the United 

States Agency for International Development (USAID), in consultation with the Secretary of State, to support programs and activities 

to prevent or respond to emerging or unforeseen complex crises overseas, $10,000,000, to remain available until expended: Provided, 

That funds appropriated under this heading may be made available 

on such terms and conditions as the USAID Administrator may determine, in consultation with the Committees on Appropriations, for 

the purposes of preventing or responding to such crises, except that 

no funds shall be made available to respond to natural disasters: 

Provided further, That funds appropriated under this heading may 

be made available notwithstanding any other provision of law, except sections 7007, 7008, and 7018 of this Act and section 620M of 

the Foreign Assistance Act of 1961, as amended by this Act: Provided further, That funds appropriated under this heading shall be 

subject to the regular notification procedures of the Committees on 

Appropriations, except that such notifications shall be transmitted 

at least 5 days in advance of the obligation of funds. 


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DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by the 

United States Agency for International Development, as authorized 

by sections 256 and 635 of the Foreign Assistance Act of 1961, up 

to $40,000,000 may be derived by transfer from funds appropriated 

by this Act to carry out part I of such Act and under the heading 

‘‘Assistance for Europe, Eurasia and Central Asia’’: Provided, That 

funds provided under this paragraph and funds provided as a gift 

pursuant to section 635(d) of the Foreign Assistance Act of 1961 

shall be made available only for micro and small enterprise programs, urban programs, and other programs which further the purposes of part I of such Act: Provided further, That such costs, including the cost of modifying such direct and guaranteed loans, 

shall be as defined in section 502 of the Congressional Budget Act 

of 1974, as amended: Provided further, That funds made available 

by this paragraph may be used for the cost of modifying any such 

guaranteed loans under this Act or prior Acts, and funds used for 

such costs shall be subject to the regular notification procedures of 

the Committees on Appropriations: Provided further, That the provisions of section 107A(d) (relating to general provisions applicable to 

the Development Credit Authority) of the Foreign Assistance Act of 

1961, as contained in section 306 of H.R. 1486 as reported by the 

House Committee on International Relations on May 9, 1997, shall 

be applicable to direct loans and loan guarantees provided under 

this heading, except that the principal amount of loans made or 

guaranteed under this heading with respect to any single country 

shall not exceed $300,000,000: Provided further, That these funds 

are available to subsidize total loan principal, any portion of which 

is to be guaranteed, of up to $750,000,000. 

In addition, for administrative expenses to carry out credit programs administered by the United States Agency for International 

Development, $8,300,000, which may be transferred to, and merged 

with, funds made available under the heading ‘‘Operating Expenses’’ in title II of this Act: Provided, That funds made available 

under this heading shall remain available until September 30, 

2014. 

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter 4 

of part II of the Foreign Assistance Act of 1961, $3,001,745,000, to 

remain available until September 30, 2013: Provided, That of the 

funds appropriated under this heading, $250,000,000 shall be available for assistance for Egypt, including not less than $35,000,000 

for education programs of which not less than $10,000,000 is for 

scholarships at not-for-profit institutions for Egyptian students with 

high financial need, and to implement section 7041(a)(3) and (b) of 

this Act: Provided further, That funds appropriated under this 

heading that are made available for assistance for Cyprus shall be 

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cation of the island and designed to reduce tensions and promote 

peace and cooperation between the two communities on Cyprus: Provided further, That $12,000,000 of the funds made available for assistance for Lebanon under this heading shall be for scholarships 

at not-for-profit institutions for students in Lebanon with high financial need: Provided further, That of the funds appropriated 

under this heading, not less than $360,000,000 shall be available 

for assistance for Jordan: Provided further, That up to $30,000,000 

of the funds appropriated for fiscal year 2011 under this heading 

in Public Law 112–10, division B, may be made available for the 

costs, as defined in section 502 of the Congressional Budget Act of 

1974, of loan guarantees for Tunisia, which are authorized to be 

provided: Provided further, That amounts that are made available 

under the previous proviso for the cost of guarantees shall not be 

considered ‘‘assistance’’ for the purposes of provisions of law limiting assistance to a country: Provided further, That of the funds 

appropriated under this heading, not less than $179,000,000 shall 

be apportioned directly to the United States Agency for International Development for alternative development/institution building programs in Colombia: Provided further, That of the funds appropriated under this heading that are available for assistance for 

Colombia, not less than $7,000,000 shall be transferred to, and 

merged with, funds appropriated under the heading ‘‘Migration and 

Refugee Assistance’’ and shall be made available only for assistance 

to nongovernmental and international organizations that provide 

assistance to Colombian refugees in neighboring countries: Provided 

further, That in consultation with the Secretary of the Treasury, the 

Secretary of State may transfer up to $200,000,000 of the funds 

made available under this heading to funds appropriated in this 

Act under the headings ‘‘Multilateral Assistance, Funds Appropriated to the President, International Financial Institutions’’ for 

additional payments to such institutions, facilities, and funds enumerated under such headings: Provided further, That prior to exercising the transfer authority under the previous proviso the Secretary of State shall consult with the Committees on Appropriations. 

DEMOCRACY FUND

For necessary expenses to carry out the provisions of the Foreign 

Assistance Act of 1961 for the promotion of democracy globally, 

$114,770,000, to remain available until September 30, 2013, of 

which $68,000,000 shall be made available for the Human Rights 

and Democracy Fund of the Bureau of Democracy, Human Rights 

and Labor, Department of State, and $46,770,000 shall be made 

available for the Office of Democracy and Governance of the Bureau 

for Democracy, Conflict, and Humanitarian Assistance, United 

States Agency for International Development. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

For necessary expenses to carry out the provisions of the Foreign 

Assistance Act of 1961, the FREEDOM Support Act, and the Support for East European Democracy (SEED) Act of 1989, 

$626,718,000, to remain available until September 30, 2013, which 

shall be available, notwithstanding any other provision of law, for 

assistance and for related programs for countries identified in secVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00400 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tion 3 of the FREEDOM Support Act and section 3(c) of the SEED 

Act: Provided, That funds appropriated under this heading shall be 

considered to be economic assistance under the Foreign Assistance 

Act of 1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance: 

Provided further, That funds made available for the Southern 

Caucasus region may be used for confidence-building measures and 

other activities in furtherance of the peaceful resolution of conflicts, 

including in Nagorno-Karabakh. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For necessary expenses not otherwise provided for, to enable the 

Secretary of State to carry out the provisions of section 2(a) and (b) 

of the Migration and Refugee Assistance Act of 1962, and other activities to meet refugee and migration needs; salaries and expenses 

of personnel and dependents as authorized by the Foreign Service 

Act of 1980; allowances as authorized by sections 5921 through 

5925 of title 5, United States Code; purchase and hire of passenger 

motor vehicles; and services as authorized by section 3109 of title 

5, United States Code, $1,639,100,000, to remain available until expended, of which $20,000,000 shall be made available for refugees 

resettling in Israel, and not less than $35,000,000 shall be made 

available to respond to small-scale emergency humanitarian requirements. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 2(c) 

of the Migration and Refugee Assistance Act of 1962, as amended 

(22 U.S.C. 2601(c)), $27,200,000, to remain available until expended. 

INDEPENDENT AGENCIES

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of the Peace 

Corps Act (22 U.S.C. 2501–2523), including the purchase of not to 

exceed five passenger motor vehicles for administrative purposes for 

use outside of the United States, $375,000,000, of which $5,150,000 

is for the Office of Inspector General, to remain available until September 30, 2013: Provided, That the Director of the Peace Corps 

may transfer to the Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, an amount not to exceed $5,000,000: 

Provided further, That funds transferred pursuant to the previous 

proviso may not be derived from amounts made available for Peace 

Corps overseas operations: Provided further, That of the funds appropriated under this heading, not to exceed $4,000 may be made 

available for entertainment expenses: Provided further, That any decision to open, close, significantly reduce, or suspend a domestic or 

overseas office or country program shall be subject to prior consultaVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00401 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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tion with, and the regular notification procedures of, the Committees on Appropriations, except that prior consultation and regular 

notification procedures may be waived when there is a substantial 

security risk to volunteers or other Peace Corps personnel, pursuant 

to section 7015(e) of this Act: Provided further, That none of the 

funds appropriated under this heading shall be used to pay for 

abortions. 

MILLENNIUM CHALLENGE CORPORATION

For necessary expenses to carry out the provisions of the Millen- nium Challenge Act of 2003, $898,200,000 to remain available until 

expended: Provided, That of the funds appropriated under this 

heading, up to $105,000,000 may be available for administrative expenses of the Millennium Challenge Corporation (the Corporation): 

Provided further, That up to 5 percent of the funds appropriated 

under this heading may be made available to carry out the purposes 

of section 616 of the Millennium Challenge Act of 2003 for fiscal 

year 2012: Provided further, That section 605(e) of the Millennium 

Challenge Act of 2003 shall apply to funds appropriated under this 

heading: Provided further, That funds appropriated under this 

heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire 

amount of the United States Government funding anticipated for 

the duration of the Compact: Provided further, That the Chief Executive Officer of the Corporation shall notify the Committees on Appropriations not later than 15 days prior to signing any new country compact or new threshold country program; terminating or suspending any country compact or threshold country program; or commencing negotiations for any new compact or threshold country program: Provided further, That any funds that are deobligated from 

a Millennium Challenge Compact shall be subject to the regular notification procedures of the Committees on Appropriations prior to 

re-obligation: Provided further, That notwithstanding section 

606(a)(2) of the Millennium Challenge Act of 2003, a country shall 

be a candidate country for purposes of eligibility for assistance for 

the fiscal year if the country has a per capita income equal to or 

below the World Bank’s lower middle income country threshold for 

the fiscal year and is among the 75 lowest per capita income countries as identified by the World Bank; and the country meets the requirements of section 606(a)(1)(B) of the Millennium Challenge Act 

of 2003: Provided further, That notwithstanding section 606(b)(1) of 

the Millennium Challenge Act of 2003, in addition to countries described in the preceding proviso, a country shall be a candidate 

country for purposes of eligibility for assistance for the fiscal year 

if the country has a per capita income equal to or below the World 

Bank’s lower middle income country threshold for the fiscal year 

and is not among the 75 lowest per capita income countries as identified by the World Bank; and the country meets the requirements 

of section 606(a)(1)(B) of the Millennium Challenge Act of 2003: 

Provided further, That any Millennium Challenge Corporation candidate country under section 606 of the Millennium Challenge Act 

of 2003 with a per capita income that changes in the fiscal year 


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such that the country would be reclassified from a low income country to a lower middle income country or from a lower middle income 

country to a low income country shall retain its candidacy status in 

its former income classification for the fiscal year and the two subsequent fiscal years: Provided further, That of the funds appropriated under this heading, not to exceed $100,000 may be available 

for representation and entertainment allowances, of which not to exceed $5,000 may be available for entertainment allowances. 

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

401 of the Foreign Assistance Act of 1969, $22,500,000, to remain 

available until September 30, 2013: Provided, That of the funds appropriated under this heading, not to exceed $2,000 may be available for entertainment and representation allowances. 

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980 (Public Law 96– 

533), $30,000,000, to remain available until September 30, 2013: 

Provided, That funds made available to grantees may be invested 

pending expenditure for project purposes when authorized by the 

Board of Directors of the Foundation: Provided further, That interest earned shall be used only for the purposes for which the grant 

was made: Provided further, That notwithstanding section 505(a)(2) 

of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the Foundation may waive the 

$250,000 limitation contained in that section with respect to a 

project and a project may exceed the limitation by up to 10 percent 

if the increase is due solely to foreign currency fluctuation: Provided 

further, That the Foundation shall provide a report to the Committees on Appropriations after each time such waiver authority is exercised. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For necessary expenses to carry out the provisions of section 129 

of the Foreign Assistance Act of 1961, $25,448,000, to remain available until September 30, 2014, which shall be available notwithstanding any other provision of law. 

DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, of modifying loans and loan guarantees, as the 

President may determine, for which funds have been appropriated 

or otherwise made available for programs within the International 

Affairs Budget Function 150, including the cost of selling, reducing, 

or canceling amounts owed to the United States as a result of 

concessional loans made to eligible countries, pursuant to part V of 

the Foreign Assistance Act of 1961, $12,000,000, to remain available 

until September 30, 2013. 


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TITLE IV 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $1,061,100,000, to remain available until 

September 30, 2013: Provided, That during fiscal year 2012, the Department of State may also use the authority of section 608 of the 

Foreign Assistance Act of 1961, without regard to its restrictions, to 

receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country or international organization under chapter 8 of part I of that Act subject 

to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall provide to the Committees on Appropriations not later than 45 days 

after the date of enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the 

proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity: Provided 

further, That section 482(b) of the Foreign Assistance Act of 1961 

shall not apply to funds appropriated under this heading: Provided 

further, That assistance provided with funds appropriated under 

this heading that is made available notwithstanding section 482(b) 

of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds appropriated 

under this heading shall be made available for assistance for the 

Bolivian military and police unless the Secretary of State determines and reports to the Committees on Appropriations that such 

funds are in the national security interest of the United States: Provided further, That, notwithstanding any other provision of law, of 

the funds appropriated under this heading, $5,000,000 should be 

made available to combat piracy of United States copyrighted materials, consistent with the requirements of section 688(a) and (b) of 

the Department of State, Foreign Operations, and Related Programs 

Appropriations Act, 2008 (division J of Public Law 110–161): Provided further, That the reporting requirements contained in section 

1404 of Public Law 110–252 shall apply to funds made available 

by this Act, including a description of modifications, if any, to the 

security strategy of the Palestinian Authority: Provided further, 

That the provision of assistance which is comparable to assistance 

made available under this heading but which is provided under any 

other provision of law, shall be provided in accordance with the provisions of sections 481(b) and 622(c) of the Foreign Assistance Act 

of 1961. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, 

demining and related programs and activities, $590,113,000, to 

carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II 


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of the Foreign Assistance Act of 1961, section 504 of the FREEDOM 

Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of 

unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international 

organizations, and section 301 of the Foreign Assistance Act of 1961 

for a voluntary contribution to the International Atomic Energy 

Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That the clearance of unexploded ordnance should prioritize 

areas where such ordnance was caused by the United States: Provided further, That of the funds made available under this heading, 

not to exceed $30,000,000, to remain available until expended, may 

be made available for the Nonproliferation and Disarmament Fund, 

notwithstanding any other provision of law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament and weapons destruction: Provided further, That such funds may also be used for 

such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further, That funds appropriated under this heading may be made 

available for the IAEA unless the Secretary of State determines that 

Israel is being denied its right to participate in the activities of that 

Agency: Provided further, That funds appropriated under this heading may be made available for public-private partnerships for conventional weapons and mine action by grant, cooperative agreement 

or contract: Provided further, That funds made available for 

demining and related activities, in addition to funds otherwise 

available for such purposes, may be used for administrative expenses related to the operation and management of the demining 

program: Provided further, That funds appropriated under this 

heading that are available for ‘‘Anti-terrorism Assistance’’ and ‘‘Export Control and Border Security’’ shall remain available until September 30, 2013. 

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $302,818,000: Provided, That 

funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance 

the capacity of foreign civilian security forces, including gendarmes, 

to participate in peacekeeping operations: Provided further, That of 

the funds appropriated under this heading, not less than 

$28,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: 

Provided further, That of the funds appropriated under this heading, up to $91,818,000 may be used to pay assessed expenses of 

international peacekeeping activities in Somalia and shall be available until September 30, 2013: Provided further, That funds appropriated under this Act should not be used to support any military 

training or operations that include child soldiers: Provided further, 

That none of the funds appropriated under this heading shall be obVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00405 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 

of the Foreign Assistance Act of 1961, $105,788,000, of which up to 

$4,000,000 may remain available until September 30, 2013, and 

may only be provided through the regular notification procedures of 

the Committees on Appropriations: Provided, That the civilian personnel for whom military education and training may be provided 

under this heading may include civilians who are not members of 

a government whose participation would contribute to improved 

civil-military relations, civilian control of the military, or respect for 

human rights: Provided further, That the Secretary of State shall 

provide to the Committees on Appropriations, not later than 45 days 

after enactment of this Act, a report on the proposed uses of all program funds under this heading on a country-by-country basis, including a detailed description of proposed activities: Provided further, That of the funds appropriated under this heading, not to exceed $55,000 may be available for entertainment allowances. 

FOREIGN MILITARY FINANCING PROGRAM

For necessary expenses for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $5,210,000,000: Provided, That to expedite the provision of assistance to foreign countries and international organizations, the 

Secretary of State, following consultation with the Committees on 

Appropriations and subject to the regular notification procedures of 

such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity 

of foreign security forces: Provided further, That of the funds appropriated under this heading, not less than $3,075,000,000 shall be 

available for grants only for Israel, and $1,300,000,000 shall be 

made available for grants only for Egypt, including for border security programs and activities in the Sinai: Provided further, That the 

funds appropriated under this heading for assistance for Israel 

shall be disbursed within 30 days of enactment of this Act: Provided 

further, That to the extent that the Government of Israel requests 

that funds be used for such purposes, grants made available for 

Israel under this heading shall, as agreed by the United States and 

Israel, be available for advanced weapons systems, of which not less 

than $808,725,000 shall be available for the procurement in Israel 

of defense articles and defense services, including research and development: Provided further, That funds appropriated under this 

heading estimated to be outlayed for Egypt during fiscal year 2012 

may be transferred to an interest bearing account for Egypt in the 

Federal Reserve Bank of New York: Provided further, That of the 

funds appropriated under this heading, $300,000,000 shall be made 

available for assistance for Jordan: Provided further, That, not 

later than 90 days after enactment of this Act and 6 months thereafter, the Secretary of State shall submit a report to the Committees 

on Appropriations detailing any crowd control items, including tear 


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gas, made available with appropriated funds or through export licenses to foreign security forces that the Secretary of State has credible information have repeatedly used excessive force to repress 

peaceful, lawful, and organized dissent: Provided further, That the 

Secretary of State should consult with the Committees on Appropriations prior to obligating funds for such items to governments of 

countries undergoing democratic transition in the Middle East and 

North Africa: Provided further, That none of the funds made available under this heading shall be made available to support or continue any program initially funded under the authority of section 

1206 of the National Defense Authorization Act for Fiscal Year 2006 

(Public Law 109–163; 119 Stat. 3456) unless the Secretary of State, 

in coordination with the Secretary of Defense, has justified such 

program to the Committees on Appropriations: Provided further, 

That funds appropriated or otherwise made available under this 

heading shall be nonrepayable notwithstanding any requirement in 

section 23 of the Arms Export Control Act: Provided further, That 

funds made available under this heading shall be obligated upon 

apportionment in accordance with paragraph (5)(C) of title 31, 

United States Code, section 1501(a). 

None of the funds made available under this heading shall be 

available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by the 

United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has 

first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed 

with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act: Provided further, That 

funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of 

unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international 

organizations: Provided further, That only those countries for which 

assistance was justified for the ‘‘Foreign Military Sales Financing 

Program’’ in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under 

this heading for procurement of defense articles, defense services or 

design and construction services that are not sold by the United 

States Government under the Arms Export Control Act: Provided 

further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for 

defense articles and services: Provided further, That not more than 

$62,800,000 of the funds appropriated under this heading may be 

obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the 

United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only 

through the regular notification procedures of the Committees on 

Appropriations: Provided further, That of the funds appropriated 

under this heading for general costs of administering military assistance and sales, not to exceed $4,000 may be available for entertainment expenses and not to exceed $130,000 may be available for 

representation allowances: Provided further, That not more than 


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$836,900,000 of funds realized pursuant to section 21(e)(1)(A) of the 

Arms Export Control Act may be obligated for expenses incurred by 

the Department of Defense during fiscal year 2012 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations. 

TITLE V 

MULTILATERAL ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 301 

of the Foreign Assistance Act of 1961, and of section 2 of the United 

Nations Environment Program Participation Act of 1973, 

$348,705,000, of which up to $10,000,000 may be made available 

for the Intergovernmental Panel on Climate Change/United Nations 

Framework Convention on Climate Change: Provided, That section 

307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund. 

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For payment to the International Bank for Reconstruction and 

Development as trustee for the Global Environment Facility by the 

Secretary of the Treasury, $89,820,000, to remain available until expended. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by 

the Secretary of the Treasury, $1,325,000,000, to remain available 

until expended. 

For payment to the International Development Association by 

the Secretary of the Treasury for costs incurred under the Multilateral Debt Relief Initiative, $167,000,000, to remain available until 

expended. 

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION

AND DEVELOPMENT

For payment to the International Bank for Reconstruction and 

Development by the Secretary of the Treasury, for the United States 

share of the paid-in portion of the increases in capital stock, 

$117,364,344, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the International Bank for Reconstruction and Development may subscribe without fiscal year 

limitation to the callable capital portion of the United States share 

of increases in capital stock in an amount not to exceed 

$2,928,990,899. 


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CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

For payment to the International Bank for Reconstruction and 

Development as trustee for the Clean Technology Fund by the Secretary of the Treasury, $184,630,000, to remain available until expended. 

CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

For payment to the International Bank for Reconstruction and 

Development as trustee for the Strategic Climate Fund by the Secretary of the Treasury, $49,900,000, to remain available until expended. 

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $135,000,000, to remain 

available until expended. 

CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

For payment to the Inter-American Development Bank by the 

Secretary of the Treasury for the United States share of the paidin portion of the increase in capital stock, $75,000,000, to remain 

available until expended. 

For payment to the Inter-American Investment Corporation by 

the Secretary of the Treasury, $4,670,000, to remain available until 

expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Inter-American Development 

Bank may subscribe without fiscal year limitation to the callable 

capital portion of the United States share of such capital stock in 

an amount not to exceed $4,098,794,833. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, $25,000,000, to remain available until expended. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

For payment to the Asian Development Bank by the Secretary 

of the Treasury for the United States share of the paid-in portion 

of increase in capital stock, $106,586,000, to remain available until 

expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Asian Development Bank 

may subscribe without fiscal year limitation to the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $2,558,048,769. 


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CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $100,000,000, to remain available until expended. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary 

of the Treasury for the United States share of the paid-in portion 

of the increase in capital stock, $32,417,720, to remain available 

until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank 

may subscribe without fiscal year limitation to the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $507,860,808. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For payment to the African Development Fund by the Secretary 

of the Treasury, $172,500,000, to remain available until expended. 

For payment to the African Development Fund by the Secretary 

of the Treasury for costs incurred under the Multilateral Debt Relief 

Initiative, $7,500,000, to remain available until expended. 

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital of the United States share of such capital 

in an amount not to exceed $1,252,331,952. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For payment to the International Fund for Agricultural Development by the Secretary of the Treasury, $30,000,000, to remain 

available until expended. 

TITLE VI 

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, $4,000,000, to remain available until September 30, 2013. 

PROGRAM ACCOUNT

The Export-Import Bank of the United States is authorized to 

make such expenditures within the limits of funds and borrowing 


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authority available to such corporation, and in accordance with 

law, and to make such contracts and commitments without regard 

to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out 

the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal 

year may be used to make expenditures, contracts, or commitments 

for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of 

the Treaty on the Non-Proliferation of Nuclear Weapons eligible to 

receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this 

Act: Provided further, That not less than 10 percent of the aggregate 

loan, guarantee, and insurance authority available to the ExportImport Bank under this Act should be used for renewable energy 

technologies or end-use energy efficiency technologies: Provided further, That notwithstanding section 1(c) of Public Law 103–428, as 

amended, sections 1(a) and (b) of Public Law 103–428 shall remain 

in effect through October 1, 2012: Provided further, That notwithstanding the dates specified in section 7 of the Export-Import Bank 

Act of 1945 (12 U.S.C. 6350 and section 1(c) of Public Law 103– 

428), the Export-Import Bank of the United States shall continue to 

exercise its functions in connection with and in furtherance of its objects and purposes through May 31, 2012. 

SUBSIDY APPROPRIATION

For the cost of direct loans, loan guarantees, insurance, and 

tied-aid grants as authorized by section 10 of the Export-Import 

Bank Act of 1945, as amended, not to exceed $58,000,000: Provided, 

That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974: Provided further, That such funds shall remain available 

until September 30, 2027, for the disbursement of direct loans, loan 

guarantees, insurance and tied-aid grants obligated in fiscal years 

2012, 2013, 2014, and 2015: Provided further, That none of the 

funds appropriated by this Act or any prior Acts appropriating 

funds for the Department of State, foreign operations, and related 

programs for tied-aid credits or grants may be used for any other 

purpose except through the regular notification procedures of the 

Committees on Appropriations. 

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by 5 U.S.C. 3109, and not 

to exceed $30,000 for official reception and representation expenses 

for members of the Board of Directors, not to exceed $89,900,000: 

Provided, That the Export-Import Bank may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for 

which an application for a loan, guarantee or insurance commitment has been made: Provided further, That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, 

subsection (a) thereof shall remain in effect until October 1, 2012: 


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Provided further, That the Export-Import Bank shall charge fees for 

necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the collection of moneys owed the Export-Import Bank, 

repossession or sale of pledged collateral or other assets acquired by 

the Export-Import Bank in satisfaction of moneys owed the ExportImport Bank, or the investigation or appraisal of any property, or 

the evaluation of the legal, financial, or technical aspects of any 

transaction for which an application for a loan, guarantee or insurance commitment has been made, or systems infrastructure directly 

supporting transactions: Provided further, That, in addition to other 

funds appropriated for administrative expenses, such fees shall be 

credited to this account, to remain available until expended. 

RECEIPTS COLLECTED

Receipts collected pursuant to the Export-Import Bank Act of 

1945, as amended, and the Federal Credit Reform Act of 1990, as 

amended, in an amount not to exceed the amount appropriated 

herein, shall be credited as offsetting collections to this account: Provided, That the sums herein appropriated from the General Fund 

shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the 

General Fund estimated at $0: Provided further, That amounts collected in fiscal year 2012 in excess of obligations, up to $50,000,000, 

shall become available on September 1, 2012 and shall remain 

available until September 30, 2015. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized to 

make, without regard to fiscal year limitations, as provided by 31 

U.S.C. 9104, such expenditures and commitments within the limits 

of funds available to it and in accordance with law as may be necessary: Provided, That the amount available for administrative expenses to carry out the credit and insurance programs (including an 

amount for official reception and representation expenses which 

shall not exceed $35,000) shall not exceed $54,990,000: Provided 

further, That project-specific transaction costs, including direct and 

indirect costs incurred in claims settlements, and other direct costs 

associated with services provided to specific investors or potential 

investors pursuant to section 234 of the Foreign Assistance Act of 

1961, shall not be considered administrative expenses for the purposes of this heading. 

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $25,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be 

derived by transfer from the Overseas Private Investment Corporation Noncredit Account: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974: Provided further, That such 

sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2012, 2013, 


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and 2014: Provided further, That funds so obligated in fiscal year 

2012 remain available for disbursement through 2020; funds obligated in fiscal year 2013 remain available for disbursement through 

2021; and funds obligated in fiscal year 2014 remain available for 

disbursement through 2022: Provided further, That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of chapter 2 of part I of the Foreign Assistance Act 

of 1961 in Iraq: Provided further, That funds made available pursuant to the authority of the previous proviso shall be subject to the 

regular notification procedures of the Committees on Appropriations. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account. 

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $50,000,000, to remain available until September 30, 2013: Provided, That of the funds appropriated under this heading, not more than $4,000 may be available 

for representation and entertainment allowances. 

TITLE VII 

GENERAL PROVISIONS 

ALLOWANCES AND DIFFERENTIALS

SEC. 7001. Funds appropriated under title I of this Act shall be 

available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; 

for services as authorized by 5 U.S.C. 3109; and for hire of passenger transportation pursuant to 31 U.S.C. 1343(b). 

UNOBLIGATED BALANCES REPORT

SEC. 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations 

a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, 

and Treasury Account Fund Symbol of all funds received by such 

department or agency in fiscal year 2012 or any previous fiscal year: 

Provided, That the report required by this section should specify by 

account the amount of funds obligated pursuant to bilateral agreements which have not been further sub-obligated. 

CONSULTING SERVICES

SEC. 7003. The expenditure of any appropriation under title I 

of this Act for any consulting service through procurement contract, 

pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 

such expenditures are a matter of public record and available for 

public inspection, except where otherwise provided under existing 


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law, or under existing Executive order issued pursuant to existing 

law. 

EMBASSY CONSTRUCTION

SEC. 7004. (a) Of funds provided under title I of this Act, except 

as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department 

if the Secretary of State determines that such department or agency 

has not provided to the Department of State the full amount of 

funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted 

into law by section 1000(a)(7) of Public Law 106–113 and contained 

in appendix G of that Act; 113 Stat. 1501A–453), as amended by 

section 629 of the Departments of Commerce, Justice, and State, the 

Judiciary, and Related Agencies Appropriations Act, 2005. 

(b) Notwithstanding the prohibition in subsection (a), a project 

to construct a diplomatic facility of the United States may include 

office space or other accommodations for members of the United 

States Marine Corps. 

(c) For the purposes of calculating the fiscal year 2012 costs of 

providing new United States diplomatic facilities in accordance 

with section 604(e) of the Secure Embassy Construction and 

Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary 

of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and 

agency shares in a manner that is proportional to the Department 

of State’s contribution for this purpose. 

(d) Funds appropriated by this Act, and any prior Act making 

appropriations for the Department of State, foreign operations, and 

related programs, which may be made available for the acquisition 

of property for diplomatic facilities in Afghanistan, Pakistan, and 

Iraq, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. 

(e) Section 604(e)(1) of the Secure Embassy Construction and 

Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is amended by 

striking ‘‘providing new,’’ and inserting in its place ‘‘providing, 

maintaining, repairing, and renovating’’. 

(f)(1) None of the funds appropriated under the heading ‘‘Embassy Security, Construction, and Maintenance’’ in this Act and in 

prior Acts making appropriations for the Department of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing contributions and reimbursements, or generated from the proceeds of real property sales, 

other than from real property sales located in London, United Kingdom, may be made available for site acquisition and mitigation, 

planning, design or construction of the New London Embassy. 

(2) Within 60 days of enactment of this Act and every 6 months 

thereafter until completion of the New London Embassy, the Secretary of State shall submit to the Committees on Appropriations a 

report on the project: Provided, That such report shall include revenue and cost projections, cost containment efforts, project schedule 

and actual project status, the impact of currency exchange rate fluctuations on project revenue and costs, and options for modifying the 


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scope of the project in the event that proceeds of real property sales 

in London fall below the total cost of the project. 

PERSONNEL ACTIONS

SEC. 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken 

in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I 

to such department or agency: Provided, That the authority to 

transfer funds between appropriations accounts as may be necessary 

to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to 

carry out this section shall be treated as a reprogramming of funds 

under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set 

forth in that section. 

LOCAL GUARD CONTRACTS

SEC. 7006. In evaluating proposals for local guard contracts, 

the Secretary of State shall award contracts in accordance with section 136 of the Foreign Relations Authorization Act, Fiscal Years 

1990 and 1991 (22 U.S.C. 4864), except that the Secretary may 

grant authorization to award such contracts on the basis of best 

value as determined by a cost-technical tradeoff analysis (as described in Federal Acquisition Regulation part 15.101) in Iraq, Afghanistan, and Pakistan, notwithstanding subsection (c)(3) of such 

section: Provided, That the authority in this section shall apply to 

any options for renewal that may be exercised under such contracts 

that are awarded during the current fiscal year: Provided further, 

That prior to issuing a solicitation for a contract to be awarded pursuant to the authority under this section, the Secretary of State 

shall consult with the Committees on Appropriations and other relevant congressional committees. 

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 7007. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations 

for the governments of Cuba, North Korea, Iran, or Syria: Provided, 

That for purposes of this section, the prohibition on obligations or 

expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents. 

COUPS D’E ́TAT

SEC. 7008. None of the funds appropriated or otherwise made 

available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d’e ́tat or decree or, after the date of enactment of this Act, a coup d’e ́tat or decree in which the military plays 

a decisive role: Provided, That assistance may be resumed to such 

government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00415 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ance a democratically elected government has taken office: Provided 

further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in 

democratic processes: Provided further, That funds made available 

pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations. 

TRANSFER AUTHORITY

SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING

BOARD OF GOVERNORS.— (1) Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of State 

under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent 

by any such transfers. 

(2) Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Broadcasting Board 

of Governors under title I of this Act may be transferred between such appropriations, but no such appropriation, except as 

otherwise specifically provided, shall be increased by more than 

10 percent by any such transfers. 

(3) Any transfer pursuant to this section shall be treated as 

a reprogramming of funds under section 7015(a) and (b) of this 

Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 

(b) EXPORT FINANCING TRANSFER AUTHORITIES.—Not to exceed 

5 percent of any appropriation other than for administrative expenses made available for fiscal year 2012, for programs under title 

VI of this Act may be transferred between such appropriations for 

use for any of the purposes, programs, and activities for which the 

funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided, 

That the exercise of such authority shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

(c) LIMITATION ON TRANSFERS BETWEEN AGENCIES.— (1) None of the funds made available under titles II 

through V of this Act may be transferred to any department, 

agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. 

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies 

of the United States Government pursuant to the provisions of 

sections 109, 610, and 632 of the Foreign Assistance Act of 

1961. 

(3) Any agreement entered into by the United States Agency 

for International Development (USAID) or the Department of 

State with any department, agency, or instrumentality of the 

United States Government pursuant to section 632(b) of the 

Foreign Assistance Act of 1961 valued in excess of $1,000,000 

and any agreement made pursuant to section 632(a) of such 


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Act, with funds appropriated by this Act and prior Acts making 

appropriations for the Department of State, foreign operations, 

and related programs under the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, and ‘‘Economic Support 

Fund’’ shall be subject to the regular notification procedures of 

the Committees on Appropriations: Provided, That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State. 

(d) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available under titles II through V of this Act may be obligated 

under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any 

authority contained in the Foreign Assistance Act of 1961 to transfer 

funds, consults with and provides a written policy justification to 

the Committees on Appropriations. 

(e) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or prior 

Acts, entered into between the Department of State or USAID and 

another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any 

comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation 

of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program 

and financial audits of the use of such funds: Provided, That such 

audits shall be transmitted to the Committees on Appropriations: 

Provided further, That funds transferred under such authority may 

be made available for the cost of such audits. 

REPORTING REQUIREMENT

SEC. 7010. The Secretary of State shall provide the Committees 

on Appropriations, not later than April 1, 2012, and for each fiscal 

quarter, a report in writing on the uses of funds made available 

under the headings ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, ‘‘Peacekeeping Operations’’, and ‘‘Pakistan Counterinsurgency Capability Fund’’: Provided, That such report shall include a description of the obligation 

and expenditure of funds, and the specific country in receipt of, and 

the use or purpose of the assistance provided by such funds. 

AVAILABILITY OF FUNDS

SEC. 7011. No part of any appropriation contained in this Act 

shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, 

That funds appropriated for the purposes of chapters 1 and 8 of 

part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control 

Act, and funds provided under the headings ‘‘Assistance for Europe, 

Eurasia and Central Asia’’ and ‘‘Development Credit Authority’’, 

shall remain available for an additional 4 years from the date on 

which the availability of such funds would otherwise have expired, 

if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided furVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00417 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ther, That notwithstanding any other provision of this Act, any 

funds made available for the purposes of chapter 1 of part I and 

chapter 4 of part II of the Foreign Assistance Act of 1961 which are 

allocated or obligated for cash disbursements in order to address 

balance of payments or economic policy reform objectives, shall remain available for an additional 4 years from the date on which the 

availability of such funds would otherwise have expired, if such 

funds are initially allocated or obligated before the expiration of 

their respective periods of availability contained in this Act: Provided further, That the Secretary of State shall provide a report to 

the Committees on Appropriations at the beginning of each fiscal 

year, detailing by account and source year, the use of this authority 

during the previous fiscal year. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 7012. No part of any appropriation provided under titles 

III through VI in this Act shall be used to furnish assistance to the 

government of any country which is in default during a period in 

excess of one calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are 

appropriated under this Act unless the President determines, following consultations with the Committees on Appropriations, that 

assistance for such country is in the national interest of the United 

States. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds 

appropriated under titles III through VI of this Act may be made 

available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which 

such assistance is to be provided unless such agreement includes a 

provision stating that assistance provided by the United States shall 

be exempt from taxation, or reimbursed, by the foreign government, 

and the Secretary of State shall expeditiously seek to negotiate 

amendments to existing bilateral agreements, as necessary, to conform with this requirement. 

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 

2012 on funds appropriated by this Act by a foreign government or 

entity against commodities financed under United States assistance 

programs for which funds are appropriated by this Act, either directly or through grantees, contractors and subcontractors shall be 

withheld from obligation from funds appropriated for assistance for 

fiscal year 2013 and allocated for the central government of such 

country and for the West Bank and Gaza program to the extent that 

the Secretary of State certifies and reports in writing to the Committees on Appropriations that such taxes have not been reimbursed to 

the Government of the United States. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be 

reprogrammed for assistance to countries which do not assess taxes 


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on United States assistance or which have an effective arrangement 

that is providing substantial reimbursement of such taxes. 

(e) DETERMINATIONS.— (1) The provisions of this section shall not apply to any 

country or entity the Secretary of State determines— 

(A) does not assess taxes on United States assistance or 

which has an effective arrangement that is providing substantial reimbursement of such taxes; or 

(B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United 

States assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the 

authority of this subsection with regard to any country or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this section. 

(g) DEFINITIONS.—As used in this section— 

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added 

taxes and customs duties imposed on commodities financed 

with United States assistance for programs for which funds are 

appropriated by this Act; and 

(2) the term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the Government of the United States 

and the government of the country receiving assistance that describes the privileges and immunities applicable to United 

States foreign assistance for such country generally, or an individual agreement between the Government of the United States 

and such government that describes, among other things, the 

treatment for tax purposes that will be accorded the United 

States assistance provided under that agreement. 

(h) REPORT.—The Secretary of State shall submit a report to 

the Committees on Appropriations not later than 90 days after the 

enactment of this Act detailing steps taken by the Department of 

State to comply with the requirements provided in subsections (a) 

and (f). 

RESERVATIONS OF FUNDS

SEC. 7014. (a) Funds appropriated under titles II through VI of 

this Act which are specifically designated may be reprogrammed for 

other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by 

operation of any provision of this or any other Act: Provided, That 

any such reprogramming shall be subject to the regular notification 

procedures of the Committees on Appropriations: Provided further, 

That assistance that is reprogrammed pursuant to this subsection 

shall be made available under the same terms and conditions as 

originally provided. 

(b) In addition to the authority contained in subsection (a), the 

original period of availability of funds appropriated by this Act and 

administered by the United States Agency for International Development (USAID) that are specifically designated for particular programs or activities by this or any other Act shall be extended for an 


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additional fiscal year if the USAID Administrator determines and 

reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided, That 

such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation. 

(c) Ceilings and specifically designated funding levels contained 

in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless 

such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained 

in any other Act shall not be applicable to funds appropriated by 

this Act. 

NOTIFICATION REQUIREMENTS

SEC. 7015. (a) None of the funds made available in title I of 

this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the 

Treasury of the United States derived by the collection of fees or of 

currency reflows or other offsetting collections, or made available by 

transfer, to the agencies and departments funded by this Act, shall 

be available for obligation or expenditure through a reprogramming 

of funds that: 

(1) creates new programs; 

(2) eliminates a program, project, or activity; 

(3) increases funds or personnel by any means for any 

project or activity for which funds have been denied or restricted; 

(4) relocates an office or employees; 

(5) closes or opens a mission or post; 

(6) creates, reorganizes, or renames bureaus, centers, or offices; 

(7) reorganizes programs or activities; or 

(8) contracts out or privatizes any functions or activities 

presently performed by Federal employees; 

unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds: Provided, That unless previously justified to the Committees on Appropriations, the requirements of this subsection shall apply to all obligations of funds appropriated under title I of this Act for items (5) and (6) above. 

(b) None of the funds provided under title I of this Act, or provided under previous appropriations Acts to the agency or department funded under title I of this Act that remain available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury of the United States derived by the collection 

of fees available to the agency or department funded under title I 

of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in 

excess of $1,000,000 or 10 percent, whichever is less, that: 

(1) augments existing programs, projects, or activities; 


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(2) reduces by 10 percent funding for any existing program, 

project, or activity, or numbers of personnel by 10 percent as approved by Congress; or 

(3) results from any general savings, including savings 

from a reduction in personnel, which would result in a change 

in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 

days in advance of such reprogramming of funds. 

(c) None of the funds made available under titles II through VI 

and VIII in this Act under the headings ‘‘Global Health Programs’’, 

‘‘Development Assistance’’, ‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics 

Control and Law Enforcement’’, ‘‘Assistance for Europe, Eurasia 

and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, 

‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating 

Expenses’’, ‘‘Conflict Stabilization Operations’’, ‘‘Office of Inspector 

General’’, ‘‘Nonproliferation, Anti-terrorism, Demining and Related 

Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military 

Financing Program’’, ‘‘International Military Education and Training’’, ‘‘Pakistan Counterinsurgency Capability Fund’’, and ‘‘Peace 

Corps’’, shall be available for obligation for activities, programs, 

projects, type of materiel assistance, countries, or other operations 

not justified or in excess of the amount justified to the Committees 

on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days 

in advance: Provided, That the President shall not enter into any 

commitment of funds appropriated for the purposes of section 23 of 

the Arms Export Control Act for the provision of major defense 

equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, 

not previously justified to Congress or 20 percent in excess of the 

quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further, That requirements of this subsection or any similar 

provision of any other Act shall not apply to any reprogramming for 

an activity, program, or project for which funds are appropriated 

under titles II through IV of this Act of less than 10 percent of the 

amount previously justified to the Congress for obligation for such 

activity, program, or project for the current fiscal year. 

(d) Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated 

under title I of this Act, funds transferred by the Department of Defense to the Department of State and the United States Agency for 

International Development for assistance for foreign countries and 

international organizations, and funds made available for programs 

authorized by section 1206 of the National Defense Authorization 

Act for Fiscal Year 2006 (Public Law 109–163), shall be subject to 

the regular notification procedures of the Committees on Appropriations. 

(e) The requirements of this section or any similar provision of 

this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the 

Committees on Appropriations, may be waived if failure to do so 

would pose a substantial risk to human health or welfare: Provided, 

That in case of any such waiver, notification to the Committees on 


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Appropriations shall be provided as early as practicable, but in no 

event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any 

notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. 

(f) None of the funds appropriated under titles III through VI 

and VIII of this Act shall be obligated or expended for assistance 

for Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, 

Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, 

Honduras, Burma, Yemen, Mexico, Kazakhstan, Uzbekistan, the 

Russian Federation, Somalia, Sri Lanka, or Cambodia except as 

provided through the regular notification procedures of the Committees on Appropriations. 

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 7016. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance 

Act of 1961, the Department of Defense shall notify the Committees 

on Appropriations to the same extent and under the same conditions 

as other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense 

shall notify the Committees on Appropriations in accordance with 

the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms 

of original acquisition cost) at $7,000,000 or more, or if notification 

is required elsewhere in this Act for the use of appropriated funds 

for specific countries that would receive such excess defense articles: 

Provided further, That such Committees shall also be informed of 

the original acquisition cost of such defense articles. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 7017. Subject to the regular notification procedures of the 

Committees on Appropriations, funds appropriated under titles III 

through VI of this Act and prior Acts making appropriations for the 

Department of State, foreign operations, and related programs, 

which are returned or not made available for organizations and 

programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961 or section 7049(a) of this Act, shall remain available for obligation until September 30, 2013. 

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 7018. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be used 

to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None 

of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or 

to coerce or provide any financial incentive to any person to undergo 


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sterilizations. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be used 

to pay for any biomedical research which relates in whole or in 

part, to methods of, or the performance of, abortions or involuntary 

sterilization as a means of family planning. None of the funds made 

available to carry out part I of the Foreign Assistance Act of 1961, 

as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any 

such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. 

ALLOCATIONS

SEC. 7019. (a) Funds provided in this Act shall be made available for programs and countries in the amounts contained in the respective tables included in the joint explanatory statement accompanying this Act. 

(b) For the purposes of implementing this section and only with 

respect to the tables included in the joint explanatory statement accompanying this Act, the Secretary of State, the Administrator of 

the United States Agency for International Development and the 

Broadcasting Board of Governors, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations. 

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 7020. None of the funds appropriated or otherwise made 

available by this Act under the headings ‘‘International Military 

Education and Training’’ or ‘‘Foreign Military Financing Program’’ 

for Informational Program activities or under the headings ‘‘Global 

Health Programs’’, ‘‘Development Assistance’’, and ‘‘Economic Support Fund’’ may be obligated or expended to pay for— 

(1) alcoholic beverages; or 

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to 

entrance fees at sporting events, theatrical and musical productions, and amusement parks. 

PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING

INTERNATIONAL TERRORISM

SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.— 

(1) None of the funds appropriated or otherwise made 

available by titles III through VI of this Act may be available 

to any foreign government which provides lethal military equipment to a country the government of which the Secretary of 

State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979: 

Provided, That the prohibition under this section with respect 

to a foreign government shall terminate 12 months after that 

government ceases to provide such military equipment: Provided further, That this section applies with respect to lethal 

military equipment provided under a contract entered into after 

October 1, 1997. 

(2) Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President deterVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00423 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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mines that to do so is important to the national interests of the 

United States. 

(3) Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing 

of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers 

United States national interests. 

(b) BILATERAL ASSISTANCE.— 

(1) Funds appropriated for bilateral assistance in titles III 

through VI of this Act and funds appropriated under any such 

title in prior acts making appropriations for the Department of 

State, foreign operations, and related programs, shall not be 

made available to any foreign government which the President 

determines— 

(A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; 

(B) otherwise supports international terrorism; or 

(C) is controlled by an organization designated as a 

terrorist organization under section 219 of the Immigration 

and Nationality Act. 

(2) The President may waive the application of paragraph 

(1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided, 

That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, 

shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the 

regular notification procedures of the Committees on Appropriations. 

AUTHORIZATION REQUIREMENTS

SEC. 7022. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may 

be obligated and expended notwithstanding section 10 of Public 

Law 91–672, section 15 of the State Department Basic Authorities 

Act of 1956, section 313 of the Foreign Relations Authorization Act, 

Fiscal Years 1994 and 1995 (Public Law 103–236), and section 

504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 7023. For the purpose of titles II through VI of this Act 

‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with 

the exception that for the following accounts: ‘‘Economic Support 

Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program, 

project, and activity’’ shall also be considered to include country, regional, and central program level funding within each such account; for the development assistance accounts of the United States 

Agency for International Development ‘‘program, project, and activVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00424 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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ity’’ shall also be considered to include central, country, regional, 

and program level funding, either as: 

(1) justified to the Congress; or 

(2) allocated by the executive branch in accordance with a 

report, to be provided to the Committees on Appropriations 

within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 7024. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior Acts 

authorizing or making appropriations for the Department of State, 

foreign operations, and related programs, shall not be construed to 

prohibit activities authorized by or conducted under the Peace Corps 

Act, the Inter-American Foundation Act or the African Development 

Foundation Act: Provided, That prior to conducting activities in a 

country for which assistance is prohibited, the agency shall consult 

with the Committees on Appropriations and report to such Committees within 15 days of taking such action. 

COMMERCE, TRADE AND SURPLUS COMMODITIES

SEC. 7025. (a) None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the ExportImport Bank and the Overseas Private Investment Corporation 

shall be obligated or expended to finance any loan, any assistance 

or any other financial commitments for establishing or expanding 

production of any commodity for export by any country other than 

the United States, if the commodity is likely to be in surplus on 

world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply 

to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States 

are likely to outweigh the injury to United States producers of the 

same, similar, or competing commodity, and the Chairman of the 

Board so notifies the Committees on Appropriations: Provided further, That this subsection shall not prohibit— 

(1) activities in a country that is eligible for assistance from 

the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and 

Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or 

(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 

(b) None of the funds appropriated by this or any other Act to 

carry out chapter 1 of part I of the Foreign Assistance Act of 1961 

shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in 


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a foreign country of an agricultural commodity for export which 

would compete with a similar commodity grown or produced in the 

United States: Provided, That this subsection shall not prohibit— 

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; 

(2) research activities intended primarily to benefit American producers; 

(3) activities in a country that is eligible for assistance from 

the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and 

Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or 

(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a 

complex emergency. 

(c) The Secretary of the Treasury shall instruct the United 

States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, 

the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North 

American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund to use the voice and vote of the United 

States to oppose any assistance by these institutions, using funds 

appropriated or made available pursuant to titles III through VI of 

this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the 

same, similar, or competing commodity. 

SEPARATE ACCOUNTS

SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.— (1) If assistance is furnished to the government of a foreign 

country under chapters 1 and 10 of part I or chapter 4 of part 

II of the Foreign Assistance Act of 1961 under agreements 

which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development (USAID) shall— 

(A) require that local currencies be deposited in a separate account established by that government; 

(B) enter into an agreement with that government 

which sets forth— 

(i) the amount of the local currencies to be generated; and 

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with 

this section; and 

(C) establish by agreement with that government the 

responsibilities of USAID and that government to monitor 

and account for deposits into and disbursements from the 

separate account. 


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(2) USES OF LOCAL CURRENCIES.—As may be agreed upon 

with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent 

amount of local currencies, shall be used only— 

(A) to carry out chapter 1 or 10 of part I or chapter 4 

of part II of the Foreign Assistance Act of 1961 (as the case 

may be), for such purposes as— 

(i) project and sector assistance activities; or 

(ii) debt and deficit financing; or 

(B) for the administrative requirements of the United 

States Government. 

(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all 

necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used 

for the purposes agreed upon pursuant to subsection (a)(2). 

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of part 

I or chapter 4 of part II of the Foreign Assistance Act of 1961 

(as the case may be), any unencumbered balances of funds 

which remain in a separate account established pursuant to 

subsection (a) shall be disposed of for such purposes as may be 

agreed to by the government of that country and the United 

States Government. 

(5) REPORTING REQUIREMENT.—The USAID Administrator 

shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the 

use of local currencies for the administrative requirements of 

the United States Government as authorized in subsection 

(a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used and/or to be 

used for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— (1) If assistance is made available to the government of a 

foreign country, under chapter 1 or 10 of part I or chapter 4 of 

part II of the Foreign Assistance Act of 1961, as cash transfer 

assistance or as nonproject sector assistance, that country shall 

be required to maintain such funds in a separate account and 

not commingle them with any other funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such 

funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint 

Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98– 

1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating any 

such cash transfer or nonproject sector assistance, the President 

shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be 

made available will be used, with a discussion of the United 

States interests that will be served by the assistance (including, 

as appropriate, a description of the economic policy reforms that 

will be promoted by such assistance). 


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(4) EXEMPTION.—Nonproject sector assistance funds may be 

exempt from the requirements of subsection (b)(1) only through 

the regular notification procedures of the Committees on Appropriations. 

ELIGIBILITY FOR ASSISTANCE

SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.—Restrictions contained in this or any other Act with 

respect to assistance for a country shall not be construed to restrict 

assistance in support of programs of nongovernmental organizations 

from funds appropriated by this Act to carry out the provisions of 

chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the 

Foreign Assistance Act of 1961, and from funds appropriated under 

the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’: 

Provided, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations 

under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance 

to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to 

alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. 

(b) PUBLIC LAW 480.—During fiscal year 2012, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954: Provided, 

That none of the funds appropriated to carry out title I of such Act 

and made available pursuant to this subsection may be obligated or 

expended except as provided through the regular notification procedures of the Committees on Appropriations. 

(c) EXCEPTION.—This section shall not apply— 

(1) with respect to section 620A of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or 

(2) with respect to section 116 of the Foreign Assistance Act 

of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 7028. None of the funds appropriated under titles III 

through VI of this Act may be obligated or expended to provide— 

(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing 

such an enterprise to relocate outside the United States if such 

incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because 

United States production is being replaced by such enterprise 

outside the United States; or 

(2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers 

rights, as defined in section 507(4) of the Trade Act of 1974, of 

workers in the recipient country, including any designated zone 


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or area in that country: Provided, That the application of section 507(4)(D) and (E) of such Act should be commensurate 

with the level of development of the recipient country and sector, 

and shall not preclude assistance for the informal sector in such 

country, micro and small-scale enterprise, and smallholder agriculture. 

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 7029. (a) None of the funds appropriated under title V of 

this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with 

whatever compensation such executive director receives from the 

United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate 

United States executive director to such institution is compensated 

by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule 

under section 5316 of title 5, United States Code. 

(b) The Secretary of the Treasury shall instruct the United 

States executive director of each international financial institution 

to oppose any loan, grant, strategy or policy of such institution that 

would require user fees or service charges on poor people for primary education or primary healthcare, including prevention, care 

and treatment for HIV/AIDS, malaria, tuberculosis, and infant, 

child, and maternal health, in connection with such institution’s financing programs. 

(c) The Secretary of the Treasury shall instruct the United 

States Executive Director of the International Monetary Fund (the 

Fund) to use the voice and vote of the United States to oppose any 

loan, project, agreement, memorandum, instrument, plan, or other 

program of the Fund to a Heavily Indebted Poor Country that imposes budget caps or restraints that do not allow the maintenance 

of or an increase in governmental spending on healthcare or education; and to promote government spending on healthcare, education, agriculture and food security, or other critical safety net programs in all of the Fund’s activities with respect to Heavily Indebted Poor Countries. 

(d) For the purposes of this Act ‘‘international financial institutions’’ shall mean the International Bank for Reconstruction and 

Development, the International Development Association, the International Finance Corporation, the Inter-American Development 

Bank, the International Monetary Fund, the Asian Development 

Bank, the Asian Development Fund, the Inter-American Investment 

Corporation, the North American Development Bank, the European 

Bank for Reconstruction and Development, the African Development 

Bank and the African Development Fund. 

DEBT-FOR-DEVELOPMENT

SEC. 7030. In order to enhance the continued participation of 

nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a 

grantee or contractor of the United States Agency for International 


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Development may place in interest bearing accounts local currencies 

which accrue to that organization as a result of economic assistance 

provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest 

earned on such investment shall be used for the purpose for which 

the assistance was provided to that organization. 

FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERNMENT ASSISTANCE.— 

(1) Funds appropriated by this Act may be made available 

for direct Government-to-Government assistance only if— 

(A) each implementing agency or ministry to receive assistance has been assessed and is considered to have the 

systems required to manage such assistance and any identified vulnerabilities or weaknesses of such agency or ministry have been addressed; and 

(i) the recipient agency or ministry employs and 

utilizes staff with the necessary technical, financial, 

and management capabilities; 

(ii) the recipient agency or ministry has adopted 

competitive procurement policies and systems; 

(iii) effective monitoring and evaluation systems 

are in place to ensure that such assistance is used for 

its intended purposes; and 

(iv) no level of acceptable fraud is assumed. 

(B) the Government of the United States and the government of the recipient country have agreed, in writing— 

(i) on clear and achievable objectives for the use of 

such assistance; and 

(ii) that such assistance should be made on a costreimbursable basis. 

(2) In addition to the requirements in subsection (a), no 

funds may be made available for such assistance without prior 

consultation with, and notification to, the Committees on Appropriations: Provided, That such notification shall contain an 

explanation of how the proposed activity meets the requirements 

of paragraph (1): Provided further, That the requirements of 

this paragraph shall only apply to direct Government-to-Government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals. 

(3) The USAID Administrator or the Secretary of State, as 

appropriate, shall suspend any such assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary determines and reports to the Committees on Appropriations that it is in the national interest of the United States to 

continue such assistance. 

(4) Not later than 90 days after the enactment of this Act 

and 6 months thereafter, the USAID Administrator shall submit to the Committees on Appropriations a report that— 

(A) details all assistance described in subsection (a) 

provided during the previous 6-month period by country, 


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funding amount, source of funds, and type of such assistance; and 

(B) the type of procurement instrument or mechanism 

utilized and whether the assistance was provided on a costreimbursable basis. 

(5) The USAID Administrator shall submit to the Committees on Appropriations, concurrent with the fiscal year 2013 

congressional budget justification materials, amounts planned 

for assistance described in subsection (a) by country, proposed 

funding amount, source of funds, and type of assistance. 

(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.— 

(1) LIMITATION ON FUNDING.—None of the funds appropriated under titles III and IV of this Act may be made available to the central government of any country that does not meet 

minimum standards of fiscal transparency: Provided, That the 

Secretary of State shall develop ‘‘minimum standards of fiscal 

transparency’’ to be updated and strengthened, as appropriate, 

to reflect best practices: Provided further, That the Secretary 

shall make an annual determination of ‘‘progress’’ or ‘‘no 

progress’’ for countries that do not meet minimum standards of 

fiscal transparency and make those determinations publicly 

available in an annual ‘‘Fiscal Transparency Report’’. 

(2) MINIMUM STANDARDS OF FISCAL TRANSPARENCY.—For 

purposes of paragraph (1), ‘‘minimum standards of fiscal transparency’’ shall include standards for the public disclosure of 

budget documentation, including receipts and expenditures by 

ministry, and government contracts and licenses for natural resource extraction, to include bidding and concession allocation 

practices. 

(3) WAIVER.—The Secretary of State may waive the limitation on funding in paragraph (1) on a country-by-country basis 

if the Secretary reports to the Committees on Appropriations 

that the waiver is important to the national interest of the 

United States: Provided, That such waiver shall identify any 

steps taken by the government of the country to publicly disclose 

its national budget and contracts which are additional to those 

which were undertaken in previous fiscal years, include specific 

recommendations of short- and long-term steps such government can take to improve budget transparency, and identify 

benchmarks for measuring progress. 

(4) ASSISTANCE.—Of the funds appropriated under title III 

of this Act, not less than $5,000,000 should be made available 

for programs and activities to assist the central governments of 

countries named in the list required by paragraph (1) to improve budget transparency or to support civil society organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to funds otherwise 

made available for such purposes. 

(c) ANTI-KLEPTOCRACY.— 

(1) Officials of foreign governments and their immediate 

family members who the Secretary of State has credible information have been involved in significant corruption, including 

corruption related to the extraction of natural resources, shall 

be ineligible for entry into the United States. 


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(2) Individuals shall not be ineligible if entry into the 

United States would further important United States law enforcement objectives or is necessary to permit the United States 

to fulfill its obligations under the United Nations Headquarters 

Agreement: Provided, That nothing in this provision shall be 

construed to derogate from United States Government obligations under applicable international agreements. 

(3) The Secretary may waive the application of paragraph 

(1) if the Secretary determines that the waiver would serve a 

compelling national interest or that the circumstances which 

caused the individual to be ineligible have changed sufficiently. 

(4) Not later than 90 days after enactment of this Act and 

180 days thereafter, the Secretary of State shall submit a report, in classified form if necessary, to the Committees on Appropriations describing the information regarding corruption 

concerning each of the individuals found ineligible pursuant to 

paragraph (1), a list of any waivers provided under subsection 

(3), and the justification for each waiver. 

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CAN- CELLATION.— 

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible 

purchaser any concessional loan or portion thereof made before 

January 1, 1995, pursuant to the Foreign Assistance Act of 

1961, to the government of any eligible country as defined in 

section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, 

only for the purpose of facilitating— 

(A) debt-for-equity swaps, debt-for-development swaps, 

or debt-for-nature swaps; or 

(B) a debt buyback by an eligible country of its own 

qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, 

equal to not less than 40 percent of the price paid for such 

debt by such eligible country, or the difference between the 

price paid for such debt and the face value of such debt, to 

support activities that link conservation and sustainable 

use of natural resources with local community development, 

and child survival and other child development, in a manner consistent with sections 707 through 710 of the Foreign 

Assistance Act of 1961, if the sale, reduction, or cancellation would not contravene any term or condition of any 

prior agreement relating to such loan. 

(2) TERMS AND CONDITIONS.—Notwithstanding any other 

provision of law, the President shall, in accordance with this 

section, establish the terms and conditions under which loans 

may be sold, reduced, or canceled pursuant to this section. 

(3) ADMINISTRATION.—The Facility, as defined in section 

702(8) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and 


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shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section: Provided, That such 

agency shall make adjustment in its accounts to reflect the sale, 

reduction, or cancellation. 

(4) LIMITATION.—The authorities of this subsection shall be 

available only to the extent that appropriations for the cost of 

the modification, as defined in section 502 of the Congressional 

Budget Act of 1974, are made in advance. 

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant 

to this section shall be deposited in the United States Government 

account or accounts established for the repayment of such loan. 

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to 

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging 

in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps. 

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 

purchaser, or any reduction or cancellation pursuant to this section, 

of any loan made to an eligible country, the President should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-fordevelopment swaps, or debt-for-nature swaps. 

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated by 

this Act under the heading ‘‘Debt Restructuring’’. 

MULTI-YEAR COMMITMENTS

SEC. 7033. None of the funds appropriated by this Act may be 

used to make a future year funding pledge for any multilateral or 

bilateral program funded in titles III through VI of this Act unless 

such pledge was— 

(1) previously justified in a congressional budget justification; 

(2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or 

previously authorized by an Act of Congress; 

(3) notified in accordance with the regular notification procedures of the Committees on Appropriations; or 

(4) the subject of prior consultation with the Committees on 

Appropriations and such consultation was conducted at least 7 

days in advance of the pledge. 

SPECIAL PROVISIONS

SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND

DISPLACED BURMESE.—Funds appropriated in titles III and VI of 

this Act that are made available for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in 

persons and, subject to the regular notification procedures of the 

Committees on Appropriations, to combat such trafficking, may be 

made available notwithstanding any other provision of law. 

(b) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under section 

660(b)(6) of the Foreign Assistance Act of 1961, support for a nation 


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emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging 

from instability, as well as a nation emerging from instability. 

(c) WORLD FOOD PROGRAM.—Funds managed by the Bureau for 

Democracy, Conflict, and Humanitarian Assistance, United States 

Agency for International Development (USAID), from this or any 

other Act, shall be made available as a general contribution to the 

World Food Program, notwithstanding any other provision of law. 

(d) DISARMAMENT, DEMOBILIZATION AND REINTEGRATION.—Notwithstanding any other provision of law, regulation or Executive 

order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’, 

‘‘Peacekeeping Operations’’, ‘‘International Disaster Assistance’’, and 

‘‘Transition Initiatives’’ should be made available to support programs to disarm, demobilize, and reintegrate into civilian society 

former members of foreign terrorist organizations: Provided, That 

the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: Provided further, That for the purposes of this subsection 

the term ‘‘foreign terrorist organization’’ means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. 

(e) RESEARCH AND TRAINING.—Funds appropriated by this Act 

under the heading ‘‘Economic Support Fund’’ may be made available to carry out the Program for Research and Training on Eastern 

Europe and the Independent States of the Former Soviet Union 

(title VIII) as authorized by the Soviet-Eastern European Research 

and Training Act of 1983 (22 U.S.C. 4501–4508). 

(f) CONTINGENCIES.—During fiscal year 2012, the President may use up to $50,000,000 under the authority of section 451 of the 

Foreign Assistance Act of 1961, notwithstanding any other provision 

of law. 

(g) CONSOLIDATION OF REPORTS.—The Secretary of State, in coordination with the USAID Administrator, shall submit to the Committees on Appropriations, and other relevant congressional committees, not later than 90 days after enactment of this Act recommendations for the consolidation or combination of reports (including 

plans and strategies) that are called for by any provision of law to 

be submitted to the Congress and that are substantially duplicative 

of others called for by any other provision of law: Provided, That 

reports are considered ‘‘substantially duplicative’’ if they are required to address at least more than half of the same substantive 

factors, criteria and issues that are required to be addressed by any 

other report, and any such consolidated report must address all the 

substantive factors, criteria and issues required to be addressed in 

each of the individual reports: Provided further, That reports affected by this subsection are those within the purview of, or prepared primarily by, the Department of State and USAID and that 

relate to matters addressed under this Act or any other Act authorizing or appropriating funds for use by, or actions of, the Department of State or USAID. 

(h) PROMOTION OF DEMOCRACY.— 

(1) Funds made available by this Act that are made available for the promotion of democracy may be made available notVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00434 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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withstanding any other provision of law, and with regard to the 

National Endowment for Democracy, any regulation. 

(2) For the purposes of funds appropriated by this Act, the 

term ‘‘promotion of democracy’’ means programs that support 

good governance, human rights, independent media, and the 

rule of law, and otherwise strengthen the capacity of democratic 

political parties, governments, nongovernmental organizations 

and institutions, and citizens to support the development of 

democratic states, institutions, and practices that are responsive 

and accountable to citizens. 

(3) With respect to the provision of assistance for democracy, human rights and governance activities in this Act, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval 

by the government of any foreign country. 

(4) Funds appropriated under the heading ‘‘Economic Support Fund’’ shall be made available to the Bureau of Democracy, Human Rights and Labor for programs to promote 

human rights by expanding open and uncensored access to information and communication as identified in the Department 

of State’s Internet freedom strategy: Provided, That funds made 

available by this paragraph should be matched by sources other 

than the United States Government, as appropriate: Provided 

further, That the Secretary of State shall coordinate the development and uses of circumvention and secure communications 

technologies with the Administrator of the United States Agency 

for International Development and the Broadcasting Board of 

Governors, as appropriate: Provided further, That the circumvention technologies and programs supported by funds 

made available by this Act, shall undergo a review, to include 

an assessment of the protection against such technologies being 

used for illicit purposes. 

(5) Funds appropriated by this Act that are made available 

to promote democracy and human rights shall also be made 

available to support freedom of religion, especially in the Middle East and North Africa. 

(i) PARTNER VETTING.—Funds appropriated in this Act or any 

prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be used by the Secretary of State and the Administrator of the United States Agency 

for International Development (USAID), as appropriate, to support 

the development and implementation of a Partner Vetting System 

(PVS) pilot program: Provided, That such pilot program shall be 

implemented not later than September 30, 2012: Provided further, 

That the Secretary of State and the USAID Administrator shall 

jointly submit a report to the Committees on Appropriations not 

later than 30 days after completion of the pilot program on the estimated timeline and criteria for evaluating the PVS for expansion. 

(j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLO- MATIC MISSIONS AND INTERNATIONAL ORGANIZATIONS.—The Secretary of State shall implement section 203(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 

(Public Law 110–457): Provided, That in determining whether to 

suspend the issuance of A–3 or G–5 visas to applicants seeking to 

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tion, the Secretary shall consider whether a final court judgment 

has been issued against a current or former employee of such mission or organization (and the time period for a final appeal has expired) or whether the Department of State has requested that immunity of individual diplomats or family members be waived to permit 

criminal prosecution: Provided further, That the Secretary should 

continue to assist in obtaining payment of final court judgments 

awarded to A–3 and G–5 visa holders, including encouraging the 

sending states to provide compensation directly to victims: Provided 

further, That the Secretary shall include, in a manner the Secretary 

deems appropriate, all trafficking cases involving A–3 or G–5 visa 

holders in the Trafficking in Persons annual report for which a 

final civil judgment has been issued (and the time period for final 

appeal has expired) or the Department of Justice has determined 

that the United States Government would seek to indict the diplomat or a family member but for diplomatic immunity. 

(k) MODIFICATION OF AMENDMENT.—Section 620J of the Foreign Assistance Act of 1961 (Limitation on Assistance to Security 

Forces) is amended as follows: 

(1) by redesignating the section as section 620M; 

(2) in subsection (a), by striking ‘‘evidence’’ and inserting 

‘‘information’’ and by striking ‘‘gross violations’’ and inserting 

‘‘a gross violation’’; 

(3) in subsection (b), by striking ‘‘measures’’ and inserting 

‘‘steps’’; and 

(4) by adding the following subsection: 

‘‘(d) CREDIBLE INFORMATION.—The Secretary shall establish, 

and periodically update, procedures to— 

‘‘(1) ensure that for each country the Department of State 

has a current list of all security force units receiving United 

States training, equipment, or other types of assistance; 

‘‘(2) facilitate receipt by the Department of State and 

United States embassies of information from individuals and 

organizations outside the United States Government about 

gross violations of human rights by security force units; 

‘‘(3) routinely request and obtain such information from the 

Department of Defense, the Central Intelligence Agency, and 

other United States Government sources; 

‘‘(4) ensure that such information is evaluated and preserved; 

‘‘(5) ensure that when vetting an individual for eligibility to 

receive United States training the individual’s unit is also vetted; 

‘‘(6) seek to identify the unit involved when credible information of a gross violation exists but the identity of the unit is 

lacking; and 

‘‘(7) make publicly available, to the maximum extent practicable, the identity of those units for which no assistance shall 

be furnished pursuant to subsection (a).’’ 

(l) SECTIONS REPEALED.—Sections 494, 495, and 495B through 

495K of the Foreign Assistance Act of 1961 are hereby repealed. 

(m) EXTENSION OF AUTHORITIES.— (1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22 

U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 

30, 2012’’ for ‘‘September 30, 2010’’. 


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(2) The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 

U.S.C. 4831(a)(3)) shall remain in effect through September 30, 

2012. 

(3) The authority contained in section 1115(d) of Public 

Law 111–32 shall remain in effect through September 30, 2012. 

(4) Section 824(g) of the Foreign Service Act of 1980 (22 

U.S.C. 4064(g)) shall be applied by substituting ‘‘September 30, 

2012’’ for ‘‘October 1, 2010’’ in paragraph (2). 

(5) Section 61(a) of the State Department Basic Authorities 

Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting 

‘‘September 30, 2012’’ for ‘‘October 1, 2010’’ in paragraph (2). 

(6) Section 625(j)(1) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2385(j)(1)) shall be applied by substituting ‘‘September 30, 2012’’ for ‘‘October 1, 2010’’ in subparagraph (B). 

(7) The authority contained in section 1603(a)(2) of Public 

Law 109–234, as amended, shall remain in effect through September 30, 2012. 

(8) The authority provided by section 1113 of Public Law 

111–32 shall remain in effect through September 30, 2012: Provided, That none of the funds appropriated or otherwise made 

available by this Act or any other Act making appropriations 

for the Department of State, foreign operations, and related programs may be used to implement phase 3 of such authority. 

(n) REPORTS REPEALED.—Section 133(d) of Public Law 87–195; 

section 807 of Public Law 98–164; section 704(c) of Public Law 101– 

179; section 104 of Public Law 102–511; section 560(g) of Public 

Law 103–87; section 514(a) of Public Law 103–236; section 605(c) 

of Appendix G, Public Law 106–113; sections 3203 and 3204(f) of 

division B of Public Law 106–246; section 564(g)(4) of Public Law 

106–429; sections 694(a), 694(b), 704 and 1321 of Public Law 107– 

228; and section 409(c) of Public Law 108–447 are hereby repealed. 

(o) GOVERNMENT EXPENDITURES.—Funds appropriated under 

title III and under the heading ‘‘International Narcotics Control 

and Law Enforcement’’ in this Act should not be made available for 

assistance for any government for programs or activities in fiscal 

year 2013 if the Secretary of State or the Administrator of the 

United States Agency for International Development has credible information that such government is reducing its own expenditures for 

such programs or activities as a result of the assistance provided 

and for reasons that are inconsistent with the purposes of such assistance. 

(p) INTERNATIONAL CHILD ABDUCTIONS.—The Secretary of State 

may withhold funds appropriated under title III of this Act for assistance for the central government of any country that the Secretary 

determines is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done 

at the Hague on October 25, 1980: Provided, That the Secretary 

shall report to the Committees on Appropriations within 15 days of 

making any such determination. 

(q) REDESIGNATIONS.— 

(1) The position of Advisor established pursuant to section 

699B of division J of Public Law 110–161 shall, within 45 days 

of enactment of this Act and notwithstanding the requirements 

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national Development (USAID): Provided, That the Advisor 

shall hereafter be appointed by the USAID Administrator and 

shall report directly to the Administrator: Provided further, 

That the responsibilities of the Advisor enumerated in section 

699B(b) shall remain in full force and effect. 

(2) The position of Coordinator established pursuant to section 664 of division J of Public Law 110–161 shall, within 45 

days of enactment of this Act and notwithstanding the requirements of such section, be moved to the United States Agency for 

International Development (USAID): Provided, That the Coordinator shall hereafter be appointed by the USAID Administrator and shall report directly to the Administrator: Provided 

further, That the responsibilities of the Coordinator enumerated 

in the first sentence of section 664(c) shall remain in full force 

and effect: Provided further, That the limitation in the second 

sentence of such section shall hereafter no longer apply to the 

Coordinator. 

(r) EXTENSION OF AUTHORITY.—The Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 1990 (Public 

Law 101–167) is amended— 

(1) In section 599D (8 U.S.C. 1157 note)— 

(A) in subsection (b)(3), by striking ‘‘and 2011’’ and inserting ‘‘2011, and 2012’’; and 

(B) in subsection (e), by striking ‘‘June 1, 2011’’ each place 

it appears and inserting ‘‘October 1, 2012’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), 

by striking ‘‘2011’’ and inserting ‘‘2012’’. 

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 7035. It is the sense of the Congress that— 

(1) the Arab League boycott of Israel, and the secondary 

boycott of American firms that have commercial ties with Israel, 

is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, 

and the Central Office for the Boycott of Israel immediately disbanded; 

(3) all Arab League states should normalize relations with 

their neighbor Israel; 

(4) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and find 

concrete steps to demonstrate that opposition by, for example, 

taking into consideration the participation of any recipient 

country in the boycott when determining to sell weapons to said 

country; and 

(5) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel to 

bring about the termination of the Arab League boycott of 

Israel, including those to encourage allies and trading partners 

of the United States to enact laws prohibiting businesses from 

complying with the boycott and penalizing businesses that do 

comply. 


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PALESTINIAN STATEHOOD

SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated under titles III through VI of this Act may be provided 

to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees 

that— 

(1) the governing entity of a new Palestinian state— 

(A) has demonstrated a firm commitment to peaceful 

co-existence with the State of Israel; 

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate 

security organizations; and 

(2) the Palestinian Authority (or the governing entity of a 

new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and 

comprehensive peace in the Middle East that will enable Israel 

and an independent Palestinian state to exist within the context 

of full and normal relationships, which should include— 

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgment of the sovereignty, 

territorial integrity, and political independence of every 

state in the area through measures including the establishment of demilitarized zones; 

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of the 

refugee problem. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

governing entity should enact a constitution assuring the rule of 

law, an independent judiciary, and respect for human rights for its 

citizens, and should enact other laws and regulations assuring 

transparent and accountable governance. 

(c) WAIVER.—The President may waive subsection (a) if the 

President determines that it is important to the national security interests of the United States to do so. 

(d) EXEMPTION.—The restriction in subsection (a) shall not 

apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to 

help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act (‘‘Limitation on Assistance for the 

Palestinian Authority’’). 

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 7037. None of the funds appropriated under titles II 

through VI of this Act may be obligated or expended to create in any 

part of Jerusalem a new office of any department or agency of the 

United States Government for the purpose of conducting official 

United States Government business with the Palestinian Authority 

over Gaza and Jericho or any successor Palestinian governing entity 

provided for in the Israel-PLO Declaration of Principles: Provided, 


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That this restriction shall not apply to the acquisition of additional 

space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and employees of the United 

States and officials of the Palestinian Authority, or any successor 

Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United 

States Government business with such authority should continue to 

take place in locations other than Jerusalem: Provided further, That 

as has been true in the past, officers and employees of the United 

States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in 

the Palestinian Authority), have social contacts, and have incidental 

discussions. 

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 7038. None of the funds appropriated or otherwise made 

available by this Act may be used to provide equipment, technical 

support, consulting services, or any other form of assistance to the 

Palestinian Broadcasting Corporation. 

ASSISTANCE FOR THE WEST BANK AND GAZA

SEC. 7039. (a) OVERSIGHT.—For fiscal year 2012, 30 days prior 

to the initial obligation of funds for the bilateral West Bank and 

Gaza Program, the Secretary of State shall certify to the Committees 

on Appropriations that procedures have been established to assure 

the Comptroller General of the United States will have access to appropriate United States financial information in order to review the 

uses of United States assistance for the Program funded under the 

heading ‘‘Economic Support Fund’’ for the West Bank and Gaza. 

(b) VETTING.—Prior to the obligation of funds appropriated by 

this Act under the heading ‘‘Economic Support Fund’’ for assistance 

for the West Bank and Gaza, the Secretary of State shall take all 

appropriate steps to ensure that such assistance is not provided to 

or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity’s governing board or governing board of trustees any individual that has 

been determined to be involved in, or advocating terrorist activity or 

determined to be a member of a designated foreign terrorist organization: Provided, That the Secretary of State shall, as appropriate, 

establish procedures specifying the steps to be taken in carrying out 

this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined 

to be involved in or advocating terrorist activity. 

(c) PROHIBITION.— 

(1) None of the funds appropriated under titles III through 

VI of this Act for assistance under the West Bank and Gaza 

Program may be made available for the purpose of recognizing 

or otherwise honoring individuals who commit, or have committed acts of terrorism. 


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

funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and 

Gaza until the Secretary of State reports to the Committees on 

Appropriations on the benchmarks that have been established 

for security assistance for the West Bank and Gaza and reports 

on the extent of Palestinian compliance with such benchmarks. 

(d) AUDITS.— (1) The Administrator of the United States Agency for 

International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant 

subcontractors and sub-grantees, under the West Bank and 

Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act up to $500,000 

may be used by the Office of Inspector General of the United 

States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of 

this subsection: Provided, That such funds are in addition to 

funds otherwise available for such purposes. 

(e) Subsequent to the certification specified in subsection (a), the 

Comptroller General of the United States shall conduct an audit 

and an investigation of the treatment, handling, and uses of all 

funds for the bilateral West Bank and Gaza Program, including all 

funds provided as cash transfer assistance, in fiscal year 2012 

under the heading ‘‘Economic Support Fund’’, and such audit shall 

address— 

(1) the extent to which such Program complies with the requirements of subsections (b) and (c); and 

(2) an examination of all programs, projects, and activities 

carried out under such Program, including both obligations 

and expenditures. 

(f) Funds made available in this Act for West Bank and Gaza 

shall be subject to the regular notification procedures of the Committees on Appropriations. 

(g) Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 2106 of chapter 

2 of title II of Public Law 109–13. 

LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY

SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of 

part II of the Foreign Assistance Act of 1961 may be obligated or 

expended with respect to providing funds to the Palestinian Authority. 

(b) WAIVER.—The prohibition included in subsection (a) shall 

not apply if the President certifies in writing to the Speaker of the 

House of Representatives, the President pro tempore of the Senate, 

and the Committees on Appropriations that waiving such prohibition is important to the national security interests of the United 

States. 

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to subsection (b) shall be effective for no more than a period of 6 


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months at a time and shall not apply beyond 12 months after the 

enactment of this Act. 

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the 

Committees on Appropriations detailing the justification for the 

waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly 

disbursed: Provided, That the report shall also detail the steps the 

Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. 

(e) CERTIFICATION.—If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and 

report to the Committees on Appropriations prior to the obligation 

of funds that the Palestinian Authority has established a single 

treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury 

account, and there is a single comprehensive civil service roster and 

payroll. 

(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION ORGANIZATION.— 

(1) None of the funds appropriated in titles III through VI 

of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which 

Hamas is a member, or that results from an agreement with 

Hamas and over which Hamas exercises undue influence. 

(2) Notwithstanding the limitation of subsection (1), assistance may be provided to a power-sharing government only if the 

President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or 

such equivalent, has publicly accepted and is complying with 

the principles contained in section 620K(b)(1)(A) and (B) of the 

Foreign Assistance Act of 1961, as amended. 

(3) The President may exercise the authority in section 

620K(e) of the Foreign Assistance Act as added by the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–446) with 

respect to this subsection. 

(4) Whenever the certification pursuant to paragraph (2) is 

exercised, the Secretary of State shall submit a report to the 

Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 

620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as 

amended: Provided, That the report shall also detail the 

amount, purposes and delivery mechanisms for any assistance 

provided pursuant to the abovementioned certification and a 

full accounting of any direct support of such government. 

(5) None of the funds appropriated under titles III through 

VI of this Act may be obligated for assistance for the Palestine 

Liberation Organization. 


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NEAR EAST

SEC. 7041. (a) EGYPT.— 

(1)(A) None of the funds appropriated under titles III and 

IV of this Act and in prior Acts making appropriations for the 

Department of State, foreign operations, and related programs 

may be made available for assistance for the central Government of Egypt unless the Secretary of State certifies to the Committees on Appropriations that such government is meeting its 

obligations under the 1979 Egypt-Israel Peace Treaty. 

(B) Prior to the obligation of funds appropriated by this Act 

under the heading ‘‘Foreign Military Financing Program’’, the 

Secretary of State shall certify to the Committees on Appropriations that the Government of Egypt is supporting the transition 

to civilian government including holding free and fair elections; 

implementing policies to protect freedom of expression, association, and religion, and due process of law. 

(C) The Secretary of State may waive the requirements of 

paragraphs (A) and (B) if the Secretary determines and reports 

to the Committees on Appropriations that to do so is in the national security interest of the United States: Provided, That 

such determination and report shall include a detailed justification for such waiver. 

(2) The Secretary of State shall consult with the Committees on Appropriations prior to the transfer of funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ to an interest-bearing account for Egypt. 

(3) Funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act and prior Acts (including previously obligated funds), may be made available, notwithstanding any 

other provision of law, for an Egypt initiative, particularly for 

the specific costs referred to in the authorities referenced herein, 

for the purpose of improving the lives of the Egyptian people 

through education, investment in jobs and skills (including secondary and vocational education), and access to finance for 

small and medium enterprises with emphasis on expanding opportunities for women, as well as other appropriate market-reform and economic growth activities: Provided, That the provisions of title VI of Public Law 103–306 pertaining to funds for 

Jordan shall be deemed to apply to any such initiative and to 

funds available under this section to carry out such an initiative in the same manner as such cited provisions apply to Jordan, subject to the following provisos: Provided further, That 

subparagraph (b)(2) shall be deemed not to apply and the 

amount made available pursuant to this section as set forth in 

the joint explanatory statement accompanying this Act and incorporated herein shall be deemed to apply in lieu of the figure 

in subparagraph (b)(1): Provided further, That the authority to 

reduce debt shall include authority to exchange an outstanding 

obligation for a new obligation and to permit both principal 

and interest payments on new obligations to be deposited into 

a fund established for such purpose, to be used in accordance 

with purposes set forth in an agreement between the United 

States and Egypt: Provided further, That the authority of this 

paragraph shall only be made available after the Secretary of 


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State certifies to the Committees on Appropriations that the 

Government of Egypt is implementing economic development 

policies consistent with the objectives of such initiative: Provided further, That funds made available for such initiative 

shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

(b) ENTERPRISE FUNDS.—Up to $60,000,000 of funds appropriated under the heading ‘‘Economic Support Fund’’ in this Act 

and prior acts making appropriations for the Department of State, 

foreign operations, and related programs (and including previously 

obligated funds), that are available for assistance for Egypt, up to 

$20,000,000 of such funds that are available for assistance for Tunisia, and up to $60,000,000 of such funds that are available for assistance for Jordan, respectively, may be made available notwithstanding any other provision of law, to establish and operate one or 

more enterprise funds for Egypt, Tunisia, and Jordan, respectively: 

Provided, That provisions contained in section 201 of the Support 

for East European Democracy (SEED) Act of 1989 (excluding the 

provisions of subsections (b), (c), (d)(3), and (f) of that section), shall 

be deemed to apply to any such fund or funds, and to funds made 

available to such fund or funds, in order to enable such fund or 

funds to provide assistance for purposes of this section: Provided 

further, That section 7077 of division F of Public Law 111–117 

shall apply to any such fund or funds established pursuant to this 

subsection: Provided further, That not more than 5 percent of the 

funds made available pursuant to this subsection should be available for administrative expenses of such fund or funds and not later 

than 1 year after the date of enactment of this Act, and annually 

thereafter until each fund is dissolved, each fund shall submit to 

the Committees on Appropriations a report detailing the administrative expenses of such fund: Provided further, That each fund 

shall be governed by a Board of Directors comprised of six private 

United States citizens and three private citizens of each country, respectively, who have had international business careers and demonstrated expertise in international and emerging markets investment activities: Provided further, That not later than 1 year after 

the entry into force of the initial grant agreement under this section 

and annually thereafter, each fund shall prepare and make available to the public on an Internet Web site administered by the fund 

a detailed report on the fund’s activities during the previous year: 

Provided further, That the authority of any such fund or funds to 

provide assistance shall cease to be effective on December 31, 2022: 

Provided further, That funds made available pursuant to this section shall be subject to prior consultation with the Committees on 

Appropriations. 

(c) IRAN.— 

(1) It is the policy of the United States to seek to prevent 

Iran from achieving the capability to produce or otherwise manufacture nuclear weapons, including by supporting international diplomatic efforts to halt Iran’s uranium enrichment 

program, and the President should fully implement and enforce 

the Iran Sanctions Act of 1996, as amended (Public Law 104– 

172) as a means of encouraging foreign governments to require 

state-owned and private entities to cease all investment in, and 


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support of, Iran’s energy sector and all exports of refined petroleum products to Iran. 

(2) None of the funds appropriated or otherwise made 

available in this Act under the heading ‘‘Export-Import Bank of 

the United States’’ may be used by the Export-Import Bank of 

the United States to provide any new financing (including 

loans, guarantees, other credits, insurance, and reinsurance) to 

any person that is subject to sanctions under paragraph (2) or 

(3) of section 5(a) of the Iran Sanctions Act of 1996 (Public Law 

104–172). 

(3) The reporting requirements in section 7043(c) in division F of Public Law 111–117 shall continue in effect during 

fiscal year 2012 as if part of this Act: Provided, That the date 

in subsection (c)(1) shall be deemed to be ‘‘September 30, 2012’’. 

(d) IRAQ.— (1) Funds appropriated or otherwise made available by this 

Act for assistance for Iraq shall be made available in a manner 

that utilizes Iraqi entities to the maximum extent practicable, 

and in accordance with the cost-matching and other requirements in the Department of State’s April 9, 2009 ‘‘Guidelines for 

Government of Iraq Financial Participation in United States 

Government-Funded Civilian Foreign Assistance Programs and 

Projects’’. 

(2) None of the funds appropriated or otherwise made 

available by this Act may be used by the Government of the 

United States to enter into a permanent basing rights agreement between the United States and Iraq. 

(3) Funds appropriated by this Act under titles III and VI 

for assistance for Iraq may be made available notwithstanding 

any other provision of law, except for this subsection and section 620M of the Foreign Assistance Act of 1961, as amended 

by this Act. 

(4) Funds appropriated by this Act for assistance for Iraq 

under the heading ‘‘Economic Support Fund’’ shall be made 

available for programs and activities for which policy justifications and decisions shall be the responsibility of the United 

States Chief of Mission in Iraq. 

(5)(A) Of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in title VIII of this Act that are 

made available for security and provincial operations for the 

Department of State in Iraq, 15 percent shall be withheld from 

obligation until the Secretary of State submits a report to the 

Committees on Appropriations detailing— 

(i) an assessment of the security environment in Iraq 

with respect to facilities and personnel, and the anticipated 

impact of the withdrawal of United States Armed Forces in 

Iraq on such environment, on a facility-by-facility basis; 

(ii) an assessment of the security requirements at each 

facility, and the estimated cost of sustaining such requirements over the next 3 fiscal years; 

(iii) the types of military equipment to be used to meet 

the security requirements at each facility; 

(iv) the number of United States Government personnel 

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tors anticipated at each facility required for operational 

and other support; and 

(v) a description of contingency plans, including evacuation, at each facility for United States Government personnel and contractors. 

(B) The report required by this paragraph may be submitted in classified form, if necessary. 

(e) LEBANON.— 

(1) None of the funds appropriated by this Act may be 

made available for the Lebanese Armed Forces (LAF) if the LAF 

is controlled by a foreign terrorist organization, as defined by 

section 219 of the Immigration and Nationality Act. 

(2) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ for assistance for Lebanon 

may be made available only to professionalize the LAF and to 

strengthen border security and combat terrorism, including 

training and equipping the LAF to secure Lebanon’s borders, 

interdicting arms shipments, preventing the use of Lebanon as 

a safe haven for terrorist groups, and to implement United Nations Security Council Resolution 1701: Provided, That funds 

may not be made available for obligation until the Secretary of 

State submits a detailed spend plan to the Committees on Appropriations, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act 

or under section 634A of the Foreign Assistance Act of 1961, 

and shall be submitted not later than September 1, 2012: Provided further, That the Secretary of State shall regularly consult with the Committees on Appropriations on the activities of 

the LAF and assistance provided by the United States: Provided 

further, That not later than 90 days after enactment of this Act, 

the Secretary of State shall submit a report to the Committees 

on Appropriations detailing the actions taken to ensure that 

equipment provided to the LAF is used for intended purposes. 

(3) Funds appropriated by this Act under titles III and VI 

for assistance for Lebanon may be made available notwithstanding any other provision of law, except for this subsection 

and section 620M of the Foreign Assistance Act of 1961, as 

amended by this Act. 

(f) LIBYA.—Of the funds appropriated by this Act and prior Acts 

making appropriations for the Department of State, foreign operations, and related programs, up to $20,000,000 should be made 

available to promote democracy, transparent and accountable governance, human rights, transitional justice, and the rule of law in 

Libya, and for exchange programs between Libyan and American 

students and professionals: Provided, That such funds shall be 

made available, to the maximum extent practicable, on a cost 

matching basis: Provided further, That none of the funds appropriated by this Act may be made available for assistance for Libya 

for infrastructure projects, except on a loan basis with terms favorable to the United States, and only following consultation with the 

Committees on Appropriations. 

(g) MOROCCO.—Prior to the obligation of funds appropriated by 

this Act under the heading ‘‘Foreign Military Financing Program’’ 

for assistance for Morocco, the Secretary of State shall submit a reVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00446 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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port to the Committees on Appropriations on steps being taken by 

the Government of Morocco to— 

(1) respect the right of individuals to peacefully express 

their opinions regarding the status and future of the Western 

Sahara and to document violations of human rights; and 

(2) provide unimpeded access to human rights organizations, journalists, and representatives of foreign governments to 

the Western Sahara. 

(h) SYRIA.—Funds appropriated by this Act shall be made 

available to promote democracy and protect human rights in Syria, 

a portion of which should be programmed in consultation with governments in the region, as appropriate. 

(i) YEMEN.—None of the funds appropriated by this Act may be 

made available for the Armed Forces of Yemen if such forces are 

controlled by a foreign terrorist organization, as defined by section 

219 of the Immigration and Nationality Act. 

SERBIA

SEC. 7042. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Serbia after 

May 31, 2012, if the Secretary of State has submitted the report required in subsection (c). 

(b) After May 31, 2012, the Secretary of the Treasury should instruct the United States executive directors of the international financial institutions to support loans and assistance to the Government of Serbia subject to the condition in subsection (c). 

(c) The report referred to in subsection (a) is a report by the Secretary of State to the Committees on Appropriations that the Government of Serbia is cooperating with the International Criminal 

Tribunal for the former Yugoslavia, including apprehending and 

transferring indictees and providing investigators access to witnesses, documents, and other information. 

(d) This section shall not apply to humanitarian assistance or 

assistance to promote democracy. 

AFRICA

SEC. 7043. (a) CONFLICT MINERALS.— 

(1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ may be made available for 

assistance for Rwanda or Uganda unless the Secretary of State 

has credible information that the Government of Rwanda or the 

Government of Uganda is providing political, military or financial support to armed groups in the Democratic Republic of the 

Congo (DRC) that are involved in the illegal exportation of minerals out of the DRC or have violated human rights. 

(2) The restriction in paragraph (1) shall not apply to assistance to improve border controls to prevent the illegal exportation of minerals out of the DRC by such groups, to protect humanitarian relief efforts, or to support the training and deployment of members of the Rwandan or Ugandan militaries in 

international peacekeeping operations or to conduct operations 

against the Lord’s Resistance Army. 

(b) COUNTERTERRORISM PROGRAMS.—Of the funds appropriated by this Act, not less than $52,800,000 should be made available for 


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the Trans-Sahara Counter-terrorism Partnership program, and not 

less than $21,300,000 should be made available for the Partnership 

for Regional East Africa Counterterrorism program. 

(c) CRISIS RESPONSE.—Notwithstanding any other provision of law, up to $10,000,000 of the funds appropriated by this Act under 

the heading ‘‘Global Health Programs’’ for HIV/AIDS activities may 

be transferred to, and merged with, funds appropriated under the 

headings ‘‘Economic Support Fund’’ and ‘‘Transition Initiatives’’ to 

respond to unanticipated crises in Africa, except that funds shall 

not be transferred unless the Secretary of State certifies to the Committees on Appropriations that no individual currently on antiretroviral therapy supported by such funds shall be negatively impacted by the transfer of such funds: Provided, That the authority 

of this subsection shall be subject to prior consultation with the 

Committees on Appropriations. 

(d) EXPANDED INTERNATIONAL MILITARY EDUCATION AND

TRAINING.— 

(1) Funds appropriated under the heading ‘‘International 

Military Education and Training’’ (IMET) in this Act that are 

made available for assistance for Angola, Cameroon, Central 

African Republic, Chad, Coˆte d’Ivoire, Guinea and Zimbabwe 

may be made available only for training related to international peacekeeping operations and expanded IMET: Provided, That the limitation included in this paragraph shall not 

apply to courses that support training in maritime security for 

Angola and Cameroon. 

(2) None of the funds appropriated under the heading 

‘‘International Military Education and Training’’ in this Act 

may be made available for assistance for Equatorial Guinea or 

Somalia. 

(e) ETHIOPIA.— (1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for Ethiopia shall not be made available unless the Secretary of State— 

(A) certifies to the Committees on Appropriations that 

the Government of Ethiopia is implementing policies to respect due process and freedoms of expression and association, and is permitting access to human rights and humanitarian organizations to the Somalia region of Ethiopia; 

and 

(B) submits a report to the Committees on Appropriations on the types and amounts of United States training 

and equipment proposed to be provided to the Ethiopian 

military including steps that will be taken to ensure that 

such assistance is not provided to military units or personnel that have violated human rights, and steps taken by 

the Government of Ethiopia to investigate and prosecute 

members of the Ethiopian military who have been credibly 

alleged to have violated such rights. 

(2) The restriction in paragraph (1) shall not apply to assistance to Ethiopian military efforts in support of international 

peacekeeping operations, counterterrorism operations along the 

border with Somalia, and for assistance to the Ethiopian Defense Command and Staff College. 


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(f) SUDAN LIMITATION ON ASSISTANCE.— (1) Notwithstanding any other provision of law, none of the 

funds appropriated by this Act may be made available for assistance for the Government of Sudan. 

(2) None of the funds appropriated by this Act may be 

made available for the cost, as defined in section 502 of the 

Congressional Budget Act of 1974, of modifying loans and loan 

guarantees held by the Government of Sudan, including the 

cost of selling, reducing, or canceling amounts owed to the 

United States, and modifying concessional loans, guarantees, 

and credit agreements. 

(3) The limitations of paragraphs (1) and (2) shall not 

apply to— 

(A) humanitarian assistance; 

(B) assistance for the Darfur region, Southern 

Kordofan/Nuba Mountains State, Blue Nile State, other 

marginalized areas and populations in Sudan, and Abyei; 

and 

(C) assistance to support implementation of the Comprehensive Peace Agreement (CPA), mutual arrangements 

related to post-referendum issues associated with the CPA, 

or to promote peace and stability between Sudan and South 

Sudan, or any other internationally recognized viable peace 

agreement in Sudan. 

(g) SOUTH SUDAN.— (1) Funds appropriated by this Act should be made available for assistance for South Sudan including to increase agricultural productivity, expand educational opportunities especially for girls, strengthen democratic institutions and the rule 

of law, and enhance the capacity of the Federal Legislative Assembly to conduct oversight over government revenues and expenditures. 

(2) Not less than 15 days prior to the obligation of funds 

appropriated by this Act that are available for assistance for 

the Government of South Sudan, the Secretary of State shall 

submit a report to the Committees on Appropriations detailing 

the extent to which the Government of South Sudan is— 

(A) supporting freedom of expression, the establishment 

of democratic institutions including an independent judiciary, parliament, and security forces that are accountable to 

civilian authority; and 

(B) investigating and punishing members of security 

forces who have violated human rights. 

(3) The Secretary of State shall seek to obtain regular audits of the financial accounts of the Government of South 

Sudan to ensure transparency and accountability of funds, including revenues from the extraction of oil and gas, and the 

timely, public disclosure of such audits: Provided, That the Secretary should assist the Government of South Sudan in conducting such audits, and by providing technical assistance to 

enhance the capacity of the National Auditor Chamber to carry 

out its responsibilities, and shall submit a report not later than 

90 days after enactment of this Act to the Committees on Appropriations detailing the steps that will be taken by the Government of South Sudan, which are additional to those taken in 


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the previous fiscal year, to improve resource management and 

ensure transparency and accountability of funds. 

(h) UGANDA.—Funds appropriated by this Act should be made 

available for programs and activities in areas affected by the Lord’s 

Resistance Army. 

(i) WAR CRIMES IN AFRICA.— (1) The Congress reaffirms its support for the efforts of the 

International Criminal Tribunal for Rwanda (ICTR) and the 

Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely manner. 

(2) Funds appropriated by this Act may be made available 

for assistance for the central government of a country in which 

individuals indicted by the ICTR and the SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating with the ICTR and the SCSL, including the 

apprehension, surrender, and transfer of indictees in a timely 

manner: Provided, That this subsection shall not apply to assistance provided under section 551 of the Foreign Assistance 

Act of 1961 or to project assistance under title VI of this Act: 

Provided further, That the United States shall use its voice and 

vote in the United Nations Security Council to fully support efforts by the ICTR and the SCSL to bring to justice individuals 

indicted by such tribunals in a timely manner. 

(3) The prohibition in paragraph (2) may be waived on a 

country-by-country basis if the President determines that doing 

so is in the national security interest of the United States: Provided, That prior to exercising such waiver authority, the President shall submit a report to the Committees on Appropriations, 

in classified form if necessary, on— 

(A) the steps being taken to obtain the cooperation of 

the government in apprehending and surrendering the indictee in question to the court of jurisdiction; 

(B) a strategy, including a timeline, for bringing the indictee before such court; and 

(C) the justification for exercising the waiver authority. 

(j) ZIMBABWE.— (1) The Secretary of the Treasury shall instruct the United 

States executive director of each international financial institution to vote against any extension by the respective institution 

of any loans or grants to the Government of Zimbabwe, except 

to meet basic human needs or to promote democracy, unless the 

Secretary of State determines and reports in writing to the 

Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title 

to property, freedom of speech and association. 

(2) None of the funds appropriated by this Act shall be 

made available for assistance for the central Government of 

Zimbabwe, except for health, education, and macroeconomic 

growth assistance, unless the Secretary of State makes the determination required in paragraph (1). 

ASIA

SEC. 7044. (a) TIBET.— 


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(1) The Secretary of the Treasury should instruct the 

United States executive director of each international financial 

institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives 

for the migration and settlement of non-Tibetans into Tibet or 

facilitate the transfer of ownership of Tibetan land and natural 

resources to non-Tibetans; are based on a thorough needs-assessment; foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective 

monitoring. 

(2) Notwithstanding any other provision of law, funds appropriated by this Act under the heading ‘‘Economic Support 

Fund’’ shall be made available to nongovernmental organizations to support activities which preserve cultural traditions 

and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous 

Region and in other Tibetan communities in China. 

(b) BURMA.— 

(1) The Secretary of the Treasury shall instruct the United 

States executive directors of the appropriate international financial institutions to vote against any loan, agreement, or other financial support for Burma. 

(2) Funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ may be made available for assistance for 

Burma notwithstanding any other provision of law, except no 

such funds shall be made available to the State Peace and Development Council, or its successor, and its affiliated organizations: Provided, That such funds shall be made available for 

programs along Burma’s borders and for Burmese groups and 

organizations located outside Burma, and may be made available to support programs in Burma: Provided further, That in 

addition to assistance for Burmese refugees appropriated under 

the heading ‘‘Migration and Refugee Assistance’’ in this Act, 

funds shall be made available for community-based organizations operating in Thailand to provide food, medical, and other 

humanitarian assistance to internally displaced persons in eastern Burma: Provided further, That any new program or activity 

initiated with funds made available by this Act shall be subject 

to prior consultation with the Committees on Appropriations, 

and all such funds shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(c) CAMBODIA.—Funds made available in this Act for a United 

States contribution to a Khmer Rouge tribunal may only be made 

available if the Secretary of State certifies to the Committees on Appropriations that the United Nations and the Government of Cambodia are taking credible steps to address allegations of corruption 

and mismanagement within the tribunal. 

(d) INDONESIA.—Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for Indonesia, $2,000,000 may not be obligated 

until the Secretary of State submits to the Committees on Appropriations the report on Indonesia required under such heading in 

Senate Report 112–85. 


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(e) NORTH KOREA.—None of the funds made available by this 

Act under the heading ‘‘Economic Support Fund’’ may be made 

available for energy-related assistance for North Korea. 

(f) PEOPLE’S REPUBLIC OF CHINA.— (1) None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’ in this Act may be obligated 

or expended for processing licenses for the export of satellites of 

United States origin (including commercial satellites and satellite components) to the People’s Republic of China unless, at 

least 15 days in advance, the Committees on Appropriations are 

notified of such proposed action. 

(2) The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance 

projects or activities of the People’s Liberation Army (PLA) of 

the People’s Republic of China, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided, That none of the funds appropriated 

or otherwise made available pursuant to this Act may be used 

to finance any grant, contract, or cooperative agreement with 

the PLA, or any entity that the Secretary of State has reason 

to believe is owned or controlled by, or an affiliate of, the PLA. 

(g) PHILIPPINES.—Of the funds appropriated by this Act under 

the heading ‘‘Foreign Military Financing Program’’ that are available for assistance for the Philippines, $3,000,000 may not be obligated until the Secretary of State submits to the Committees on Appropriations the report on the Philippines required under such 

heading in Senate Report 112–85. 

(h) VIETNAM.—Funds appropriated under the heading ‘‘Economic Support Fund’’ shall be made available for remediation of 

dioxin contaminated sites in Vietnam and may be made available 

for assistance for the Government of Vietnam, including the military, for such purposes, and funds under the heading ‘‘Development 

Assistance’’ shall be made available for related health/disability activities. 

WESTERN HEMISPHERE

SEC. 7045. (a) COLOMBIA.— (1) Funds appropriated by this Act and made available to 

the Department of State for assistance to the Government of Colombia may be used to support a unified campaign against narcotics trafficking, illegal armed groups, and organizations designated as Foreign Terrorist Organizations and successor organizations, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue 

operations: Provided, That no United States Armed Forces personnel or United States civilian contractor employed by the 

United States will participate in any combat operation in connection with assistance made available by this Act for Colombia: Provided further, That rotary and fixed wing aircraft supported with funds appropriated under the heading ‘‘International Narcotics Control and Law Enforcement’’ for assistance for Colombia may be used for aerial or manual drug 

eradication and interdiction including to transport personnel 

and supplies and to provide security for such operations: Provided further, That such aircraft may also be used to provide 


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transport in support of alternative development programs and 

investigations by civilian judicial authorities: Provided further, 

That the President shall ensure that if any helicopter procured 

with funds in this Act or prior Acts making appropriations for 

the Department of State, foreign operations, and related programs, is used to aid or abet the operations of any illegal selfdefense group, paramilitary organization, or other illegal armed 

group in Colombia, such helicopter shall be immediately returned to the United States: Provided further, That none of the 

funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the 

Colombian Departamento Administrativo de Seguridad or successor organizations: Provided further, That none of the funds 

appropriated by this Act for assistance for Colombia shall be 

made available for the cultivation or processing of African oil 

palm, if doing so would contribute to significant loss of native 

species, disrupt or contaminate natural water sources, reduce 

local food security, or cause the forced displacement of local 

people: Provided further, That any complaints of harm to 

health or licit crops caused by aerial eradication shall be thoroughly investigated and evaluated, and fair compensation paid 

in a timely manner for meritorious claims: Provided further, 

That funds may not be made available for aerial eradication 

unless programs are being implemented by the United States 

Agency for International Development, the Government of Colombia, or other organizations, in consultation and coordination with local communities, to provide alternative sources of 

income in areas where security permits for small-acreage growers and communities whose illicit crops are targeted for aerial 

eradication: Provided further, That funds appropriated by this 

Act may not be used for aerial eradication in Colombia’s national parks or reserves unless the Secretary of State certifies to 

the Committees on Appropriations that there are no effective alternatives and the eradication is in accordance with Colombian 

laws. 

(2) COLOMBIAN ARMED FORCES.—Of the funds appropriated 

by this Act that are available for assistance for the Colombian 

Armed Forces, 25 percent may be obligated only after the Secretary of State consults with, and subsequently certifies and 

submits a report to, the Committees on Appropriations that the 

Government of Colombia and Colombian Armed Forces are 

meeting the conditions that appear under this section in the 

joint explanatory statement accompanying this Act: Provided, 

That the requirement to withhold funds from obligation shall 

not apply with respect to funds made available under the heading ‘‘International Narcotics Control and Law Enforcement’’ in 

this Act for continued support for the Critical Flight Safety Program or for any alternative development programs in Colombia 

administered by the Bureau of International Narcotics and Law 

Enforcement Affairs of the Department of State: Provided further, That not less than 30 days prior to making the certification the Secretary of State shall consult with Colombian and 

international human rights organizations. 

(3) ILLEGAL ARMED GROUPS.— 


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(A) DENIAL OF VISAS.—Subject to paragraph (B), the 

Secretary of State shall not issue a visa to any alien who 

the Secretary determines, based on credible information— 

(i) has willfully provided any support to or benefitted from the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), the 

United Self-Defense Forces of Colombia (AUC), or other 

illegal armed groups, including taking actions or failing to take actions which allow, facilitate, or otherwise 

foster the activities of such groups; or 

(ii) has committed, ordered, incited, assisted, or 

otherwise participated in the commission of a violation 

of human rights in Colombia. 

(B) WAIVER.—Paragraph (A) shall not apply if the Secretary of State certifies to the Committees on Appropriations, on a case-by-case basis, that the issuance of a visa to 

the alien is necessary to support the peace process in Colombia or for urgent humanitarian reasons. 

(b) GUATEMALA.—Funds appropriated by this Act under the 

headings ‘‘International Military Education and Training’’ (IMET) 

and ‘‘Foreign Military Financing Program’’ that are available for 

assistance for Guatemala may be made available only for the Guatemalan Air Force, Navy, and Army Corps of Engineers: Provided, 

That expanded IMET may be made available for assistance for the 

Guatemalan Army. 

(c) HAITI.—The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control 

Act (22 U.S.C. 2751 et seq.) for the Coast Guard. 

(d) HONDURAS.—Prior to the obligation of 20 percent of the 

funds appropriated by this Act that are available for assistance for 

Honduran military and police forces, the Secretary of State shall report in writing to the Committees on Appropriations that: the Government of Honduras is implementing policies to protect freedom of 

expression and association, and due process of law; and is investigating and prosecuting in the civilian justice system, in accordance with Honduran and international law, military and police personnel who are credibly alleged to have violated human rights, and 

the Honduran military and police are cooperating with civilian judicial authorities in such cases: Provided, That the restriction in 

this subsection shall not apply to assistance to promote transparency, anti-corruption and the rule of law within the military and 

police forces. 

(e) MEXICO.—Prior to the obligation of 15 percent of the funds 

appropriated by this Act that are available for assistance for Mexican military and police forces, the Secretary of State shall report in 

writing to the Committees on Appropriations that: the Government 

of Mexico is investigating and prosecuting in the civilian justice system, in accordance with Mexican and international law, military 

and police personnel who are credibly alleged to have violated 

human rights; is enforcing prohibitions on the use of testimony obtained through torture; and the Mexican military and police are cooperating with civilian judicial authorities in such cases: Provided, 

That the restriction in this subsection shall not apply to assistance 

to promote transparency, anti-corruption and the rule of law within 

the military and police forces. 


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(f) TRADE CAPACITY.—Of the funds appropriated by this Act, not less than $10,000,000 under the heading ‘‘Development Assistance’’ and not less than $10,000,000 under the heading ‘‘Economic 

Support Fund’’ shall be made available for labor and environmental 

capacity building activities relating to free trade agreements with 

countries of Central America, Peru and the Dominican Republic. 

(g) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance, 

including fuel, of aircraft funded by this Act should be borne by the 

recipient country. 

SOUTH ASIA

SEC. 7046. (a) AFGHANISTAN.— (1) LIMITATION.—None of the funds appropriated or otherwise made available by this Act under the headings ‘‘Economic 

Support Fund’’ and ‘‘International Narcotics Control and Law 

Enforcement’’ may be obligated for assistance for the Government of Afghanistan until the Secretary of State, in consultation with the Administrator of the United States Agency for 

International Development (USAID), certifies to the Committees 

on Appropriations that— 

(A) The funds will be used to design and support programs in accordance with the June 2011 ‘‘Administrator’s 

Sustainability Guidance for USAID in Afghanistan’’. 

(B) The Government of Afghanistan is— 

(i) reducing corruption and improving governance, 

including by investigating, prosecuting, sanctioning or 

removing corrupt officials from office and implementing financial transparency and accountability 

measures for government institutions and officials (including the Central Bank) as well as conducting oversight of public resources; 

(ii) taking credible steps to protect the human 

rights of Afghan women; and 

(iii) taking significant steps to facilitate active public participation in governance and oversight. 

(C) Funds will be used to support and strengthen the 

capacity of Afghan public and private institutions and entities to reduce corruption and to improve transparency and 

accountability of national, provincial and local governments. 

(D) Representatives of Afghan national, provincial or 

local governments, and local communities and civil society 

organizations, including women-led organizations, will be 

consulted and participate in the design of programs, 

projects, and activities, including participation in implementation and oversight, and the development of specific 

benchmarks to measure progress and outcomes. 

(2) ASSISTANCE AND OPERATIONS.— 

(A) Funds appropriated or otherwise made available by 

this Act for assistance for Afghanistan may be made available as a United States contribution to the Afghanistan Reconstruction Trust Fund (ARTF) unless the Secretary of 

State determines and reports to the Committees on Appropriations that the World Bank Monitoring Agent of the 


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ARTF is unable to conduct its financial control and audit 

responsibilities due to restrictions on security personnel by 

the Government of Afghanistan. 

(B) Funds appropriated under the headings ‘‘Economic 

Support Fund’’ and ‘‘International Narcotics Control and 

Law Enforcement’’ in this Act that are available for assistance for Afghanistan— 

(i) shall be made available, to the maximum extent 

practicable, in a manner that emphasizes the participation of Afghan women, and directly improves the security, economic and social well-being, and political status, and protects the rights of, Afghan women and girls 

and complies with sections 7060 and 7061 of this Act, 

including support for the Afghan Independent Human 

Rights Commission, the Afghan Ministry of Women’s 

Affairs, and women-led organizations; 

(ii) may be made available for a United States contribution to an internationally managed fund to support the reconciliation with and disarmament, demobilization and reintegration into Afghan society of former 

combatants who have renounced violence against the 

Government of Afghanistan: Provided, That funds may 

be made available to support reconciliation and reintegration activities only if: 

(I) Afghan women are participating at national, provincial and local levels of government in 

the design, policy formulation and implementation 

of the reconciliation or reintegration process, and 

such process upholds steps taken by the Government of Afghanistan to protect the human rights of 

Afghan women; and 

(II) such funds will not be used to support any 

pardon or immunity from prosecution, or any position in the Government of Afghanistan or security 

forces, for any leader of an armed group responsible for crimes against humanity, war crimes, or 

acts of terrorism; and 

(iii) may be made available for a United States 

contribution to the North Atlantic Treaty Organization/International Security Assistance Force Post-Operations Humanitarian Relief Fund. 

(C) The authority contained in section 1102(c) of Public 

Law 111–32 shall continue in effect during fiscal year 2012 

and shall apply as if part of this Act. 

(D)(i) Of the funds appropriated by this Act that are 

made available for assistance for Afghanistan, not less 

than $50,000,000 shall be made available for rule of law 

programs: Provided, That decisions on the uses of such 

funds shall be the responsibility of the Coordinator for Rule 

of Law, in consultation with the Interagency Planning and 

Implementation Team, at the United States Embassy in 

Kabul, Afghanistan: Provided further, That $250,000 of 

such funds shall be transferred to, and merged with, funds 

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eral’’ in title I of this Act for oversight of such programs 

and activities. 

(ii) The Coordinator for Rule of Law at the United 

States Embassy in Kabul, Afghanistan shall be consulted 

on the use of all funds appropriated by this Act for rule of 

law programs in Afghanistan. 

(E) None of the funds made available by this Act may 

be used by the United States Government to enter into a 

permanent basing rights agreement between the United 

States and Afghanistan. 

(F) Any significant modification to the scope, objectives 

or implementation mechanisms of United States assistance 

programs in Afghanistan shall be subject to prior consultation with, and the regular notification procedures of, the 

Committees on Appropriations, except that the prior consultation requirement may be waived in a manner consistent with section 7015(e) of this Act. 

(G) Not later than 90 days after enactment of this Act, 

the Secretary of State shall report to the Committees on Appropriations on the International Monetary Fund (IMF) 

country program for Afghanistan including actions requested by the IMF and taken by the Government of Afghanistan to address the Kabul Bank crisis and restore 

confidence in Afghanistan’s banking sector. 

(H) Funds appropriated under titles III through VI of 

this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 7012 

of this Act or any similar provision of law and section 660 

of the Foreign Assistance Act of 1961. 

(3) OVERSIGHT.—The Special Inspector General for Afghanistan Reconstruction, the Inspector General of the Department 

of State and the Inspector General of USAID, shall jointly develop and submit to the Committees on Appropriations within 

45 days of enactment of this Act a coordinated audit and inspection plan of United States assistance for, and civilian operations in, Afghanistan. 

(b) NEPAL.— (1) Funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ may be made available for 

assistance for Nepal only if the Secretary of State certifies to the 

Committees on Appropriations that the Nepal Army is— 

(A) cooperating fully with investigations and prosecutions of violations of human rights by civilian judicial authorities; and 

(B) working constructively to redefine the Nepal Army’s 

mission and adjust its size accordingly, implement reforms 

including strengthening the capacity of the civilian ministry of defense to improve budget transparency and accountability, and facilitate the integration of former rebel 

combatants into the security forces including the Nepal 

Army, consistent with the goals of reconciliation, peace and 

stability. 

(2) The conditions in paragraph (1) shall not apply to assistance for humanitarian relief and reconstruction activities in 

Nepal. 


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(c) PAKISTAN.— 

(1) CERTIFICATION.— 

(A) None of the funds appropriated or otherwise made 

available by this Act under the headings ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and 

‘‘Pakistan Counterinsurgency Capability Fund’’ for assistance for the Government of Pakistan may be made available unless the Secretary of State certifies to the Committees on Appropriations that the Government of Pakistan 

is— 

(i) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the 

Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing 

and operating in Pakistan and carrying out cross border attacks into neighboring countries; 

(ii) not supporting terrorist activities against 

United States or coalition forces in Afghanistan, and 

Pakistan’s military and intelligence agencies are not 

intervening extra-judicially into political and judicial 

processes in Pakistan; 

(iii) dismantling improvised explosive device (IED) 

networks and interdicting precursor chemicals used in 

the manufacture of IEDs; 

(iv) preventing the proliferation of nuclear-related 

material and expertise; 

(v) issuing visas in a timely manner for United 

States visitors engaged in counterterrorism efforts and 

assistance programs in Pakistan; and 

(vi) providing humanitarian organizations access 

to detainees, internally displaced persons, and other 

Pakistani civilians affected by the conflict. 

(B) The Secretary of State may waive the requirements 

of paragraph (A) if to do so is in the national security interests of the United States. 

(2) ASSISTANCE.— 

(A) Funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’ for assistance for 

Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan, and 

are subject to section 620M of the Foreign Assistance Act of 

1961, as amended by this Act. 

(B) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for Pakistan 

should be made available to interdict precursor materials 

from Pakistan to Afghanistan that are used to manufacture 

improvised explosive devices, including calcium ammonium 

nitrate; to support programs to train border and customs 

officials in Pakistan and Afghanistan; and for agricultural 

extension programs that encourage alternative fertilizer use 

among Pakistani farmers. 


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(C) Of the funds appropriated by this Act under the 

heading ‘‘Economic Support Fund’’ for assistance for Pakistan, $10,000,000 shall be made available through the Bureau of Democracy, Human Rights and Labor, Department 

of State, for human rights and democracy programs in 

Pakistan, including training of government officials and security forces, and assistance for human rights organizations and the development of democratic political parties. 

(D) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ for assistance for Pakistan may 

be made available for the Chief of Mission Fund, as authorized by section 101(c)(5) of Public Law 111–73. 

(E) Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are made available for assistance for infrastructure projects in Pakistan shall be implemented in a manner consistent with section 507(6) of the 

Trade Act of 1974 (19 U.S.C. 2467(6)). 

(F) Funds appropriated by this Act under titles III and 

VI for assistance for Pakistan may be made available notwithstanding any other provision of law, except for this 

subsection and section 620M of the Foreign Assistance Act 

of 1961, as amended by this Act. 

(3) REPORTS.— 

(A)(i) The spend plan required by section 7078 of this 

Act for assistance for Pakistan shall include achievable and 

sustainable goals, benchmarks for measuring progress, and 

expected results regarding furthering development in Pakistan, countering extremism, and establishing conditions 

conducive to the rule of law and transparent and accountable governance: Provided, That such benchmarks may incorporate those required in title III of Public Law 111–73, 

as appropriate: Provided further, That not later than 6 

months after submission of such spend plan, and each 6 

months thereafter until September 30, 2013, the Secretary 

of State shall submit a report to the Committees on Appropriations on the status of achieving the goals and benchmarks in the spend plan. 

(ii) The Secretary of State should suspend assistance 

for the Government of Pakistan if any report required by 

paragraph (A)(i) indicates that Pakistan is failing to make 

measurable progress in meeting these goals or benchmarks. 

(B) Not later than 90 days after enactment of this Act, 

the Secretary of State shall submit a report to the Committees on Appropriations detailing the costs and objectives associated with significant infrastructure projects supported 

by the United States in Pakistan, and an assessment of the 

extent to which such projects achieve such objectives. 

(d) SRI LANKA.— 

(1) None of the funds appropriated by this Act under the 

heading ‘‘Foreign Military Financing Program’’ may be made 

available for assistance for Sri Lanka, no defense export license 

may be issued, and no military equipment or technology shall 

be sold or transferred to Sri Lanka pursuant to the authorities 

contained in this Act or any other Act, unless the Secretary of 


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State certifies to the Committees on Appropriations that the 

Government of Sri Lanka is— 

(A) conducting credible, thorough investigations of alleged war crimes and violations of international humanitarian law by government forces and the Liberation Tigers 

of Tamil Eelam; 

(B) bringing to justice individuals who have been 

credibly alleged to have committed such violations; 

(C) supporting and cooperating with any United Nations investigation of alleged war crimes and violations of 

international humanitarian law; 

(D) respecting due process, the rights of journalists, 

and the rights of citizens to peaceful expression and association, including ending arrest and detention under emergency regulations; 

(E) providing access to detainees by humanitarian organizations; and 

(F) implementing policies to promote reconciliation and 

justice including devolution of power. 

(2) Paragraph (1) shall not apply to assistance for humanitarian demining and aerial and maritime surveillance. 

(3) If the Secretary makes the certification required in paragraph (1), funds appropriated under the heading ‘‘Foreign Military Financing Program’’ that are made available for assistance 

for Sri Lanka should be used to support the recruitment and 

training of Tamils into the Sri Lankan military, Tamil language training for Sinhalese military personnel, and human 

rights training for all military personnel. 

(4) The Secretary of the Treasury shall instruct the United 

States executive directors of the international financial institutions to vote against any loan, agreement, or other financial 

support for Sri Lanka except to meet basic human needs, unless 

the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the requirements in paragraph (1)(D), (E), and (F) of this subsection. 

(e) REGIONAL CROSS BORDER PROGRAMS.—Funds appropriated 

by this Act under the heading ‘‘Economic Support Fund’’ for assistance for Afghanistan and Pakistan may be provided notwithstanding any other provision of law that restricts assistance to foreign countries for cross border stabilization and development programs between Afghanistan and Pakistan or between either country 

and the Central Asian republics. 

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 7047. None of the funds appropriated or made available 

pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part 

any assessments, arrearages, or dues of any member of the United 

Nations or, from funds appropriated by this Act to carry out chapter 

1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country’s delegation at international conferences held under the auspices of multilateral or international organizations. 


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WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 7048. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other 

violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services 

for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to 

the ceiling limitation contained in paragraph (2) thereof: Provided, 

That the determination required under this section shall be in lieu 

of any determinations otherwise required under section 552(c): Provided further, That funds made available pursuant to this section 

shall be made available subject to the regular notification procedures of the Committees on Appropriations. 

UNITED NATIONS

SEC. 7049. (a) TRANSPARENCY AND ACCOUNTABILITY.— (1) Of the funds appropriated under title I and under the 

heading ‘‘International Organizations and Programs’’ in title V 

of this Act that are available for contributions to any United 

Nations agency or to the Organization of American States, 15 

percent shall be withheld from obligation for such agency or organization if the Secretary of State determines and reports to 

the Committees on Appropriations that the agency or organization is not taking steps to— 

(A) publish on a publicly available Web site, consistent 

with privacy regulations and due process, regular financial 

and programmatic audits of the agency or organization, 

and provide the United States Government with necessary 

access to such financial and performance audits; and 

(B) implement best practices for the protection of whistleblowers from retaliation, including best practices for 

legal burdens of proof, access to independent adjudicative 

bodies, results that eliminate the effects of retaliation, and 

statutes of limitation for reporting retaliation. 

(2) The Secretary may waive the restriction in this subsection if the Secretary determines and reports that to do so is 

in the national interest of the United States. 

(b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS AND ORGANIZATIONS.— 

(1) None of the funds made available under title I of this 

Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the 

United Nations if such commission is chaired or presided over 

by a country, the government of which the Secretary of State 

has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports 

international terrorism. 

(2) None of the funds made available under title I of this 

Act may be used by the Secretary of State as a contribution to 

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gram is chaired or presided over by a country, the government 

of which the Secretary of State has determined, for purposes of 

section 620A of the Foreign Assistance Act of 1961, section 40 

of the Arms Export Control Act, section 6(j)(1) of the Export Administration Act of 1979, or any other provision of law, is a 

government that has repeatedly provided support for acts of 

international terrorism. 

(3) The Secretary of State may waive the restrictions in this 

subsection if the Secretary determines and reports to the Committees on Appropriations that to do so is in the national interest of the United States. 

(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—Funds appropriated by this Act may be made available for voluntary contributions or payment of United States assessments in support of the 

United Nations Human Rights Council if the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council is in the national interest of the United 

States: Provided, That the Secretary of State shall report to the 

Committees on Appropriations not later than 30 days after the date 

of enactment of this Act, and every 180 days thereafter until September 30, 2012, on the resolutions considered in the United Nations Human Rights Council. 

(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—The reporting requirements regarding the United Nations Relief and Works 

Agency contained in the joint explanatory statement accompanying 

the Supplemental Appropriations Act, 2009 (Public Law 111–32, 

House Report 111–151) under the heading ‘‘Migration and Refugee 

Assistance’’ in title XI shall apply to funds made available by this 

Act under such heading. 

(e) UNITED NATIONS CAPITAL MASTER PLAN.—None of the 

funds made available in this Act for the United Nations Capital 

Master Plan may be used for the design, renovation, or construction 

of the United Nations Headquarters in New York in excess of the 

United States payment for the assessment agreed upon pursuant to 

paragraph 10 of United Nations General Assembly Resolution 61/ 

251. 

(f) REPORTING REQUIREMENT.—Not later than 30 days after enactment of this Act, the Secretary of State shall submit a report to 

the Committees on Appropriation detailing the amount of funds 

available for obligation or expenditure in fiscal year 2012 under the 

headings ‘‘Contributions to International Organizations’’ and ‘‘International Organizations and Programs’’ that are withheld from obligation or expenditure due to any provision of law: Provided, That 

the Secretary of State shall update such report each time additional 

funds are withheld by operation of any provision of law: Provided 

further, That the reprogramming of any withheld funds identified 

in such report, including updates thereof, shall be subject to prior 

consultation with, and the regular notification procedures of, the 

Committees on Appropriations. 

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 7050. (a) AUTHORITY.—Funds made available by titles III 

and IV of this Act to carry out the provisions of chapter 1 of part 

I and chapters 4 and 6 of part II of the Foreign Assistance Act of 

1961, may be used, notwithstanding section 660 of that Act, to enVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00462 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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hance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the 

rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict, respond 

to disasters, address gender-based violence, and foster improved police relations with the communities they serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to the regular notification procedures of the Committees on Appropriations. 

ATTENDANCE AT INTERNATIONAL CONFERENCES

SEC. 7051. None of the funds made available in this Act may 

be used to send or otherwise pay for the attendance of more than 

50 employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the 

Secretary of State reports to the Committees on Appropriations at 

least 5 days in advance that such attendance is important to the national interest: Provided, That for purposes of this section the term 

‘‘international conference’’ shall mean a conference attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. 

AIRCRAFT TRANSFER AND COORDINATION

SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any 

other provision of law or regulation, aircraft procured with funds 

appropriated by this Act and prior Acts making appropriations for 

the Department of State, foreign operations, and related programs 

under the headings ‘‘Diplomatic and Consular Programs’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean 

Counterdrug Initiative’’ and ‘‘Andean Counterdrug Programs’’ may 

be used for any other program and in any region, including for the 

transportation of active and standby Civilian Response Corps personnel and equipment during a deployment: Provided, That the responsibility for policy decisions and justification for the use of such 

transfer authority shall be the responsibility of the Secretary of 

State and the Deputy Secretary of State and this responsibility shall 

not be delegated. 

(b) PROPERTY DISPOSAL.—The authority provided in subsection 

(a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no 

longer required to meet programmatic purposes in the designated 

country or region: Provided, That any such transfer shall be subject 

to prior consultation with, and the regular notification procedures 

of, the Committees on Appropriations. 

(c) AIRCRAFT COORDINATION.— 

(1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International 

Development (USAID) with funds made available in this Act or 

prior Acts making appropriations for the Department of State, 

foreign operations, and related programs shall be coordinated 

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vided, That such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal 

personnel supporting Department of State and USAID programs and activities: Provided further, That official travel for 

other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a 

space available basis. 

(2) The requirement and authorities of this subsection shall 

only apply to aircraft, the primary purpose of which is the 

transportation of personnel. 

PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN

GOVERNMENTS

SEC. 7053. The terms and conditions of section 7055 of division 

F of Public Law 111–117 shall apply to this Act: Provided, That the 

date ‘‘September 30, 2009’’ in subsection (f)(2)(B) shall be deemed to 

be ‘‘September 30, 2011’’. 

LANDMINES AND CLUSTER MUNITIONS

SEC. 7054. (a) LANDMINES.—Notwithstanding any other provision of law, demining equipment available to the United States 

Agency for International Development and the Department of State 

and used in support of the clearance of landmines and unexploded 

ordnance for humanitarian purposes may be disposed of on a grant 

basis in foreign countries, subject to such terms and conditions as 

the Secretary of State may prescribe. 

(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster 

munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— 

(1) the submunitions of the cluster munitions, after arming, 

do not result in more than 1 percent unexploded ordnance 

across the range of intended operational environments; and 

(2) the agreement applicable to the assistance, transfer, or 

sale of such cluster munitions or cluster munitions technology 

specifies that the cluster munitions will only be used against 

clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited 

by civilians. 

PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 7055. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes within the 

United States not authorized before the date of the enactment of this 

Act by the Congress: Provided, That not to exceed $25,000 may be 

made available to carry out the provisions of section 316 of Public 

Law 96–533. 

LIMITATION ON RESIDENCE EXPENSES

SEC. 7056. Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for official 

residence expenses of the United States Agency for International Development during the current fiscal year: Provided, That approVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00464 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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priate steps shall be taken to assure that, to the maximum extent 

possible, United States-owned foreign currencies are utilized in lieu 

of dollars. 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

MANAGEMENT

(INCLUDING TRANSFER OF FUNDS)

SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds 

made available in title III of this Act to carry out the provisions of 

part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and 

Central Asia’’, may be used by the United States Agency for International Development (USAID) to hire and employ individuals in 

the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service 

Act of 1980. 

(b) RESTRICTIONS.— (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175. 

(2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2013. 

(c) CONDITIONS.—The authority of subsection (a) should only be 

used to the extent that an equivalent number of positions that are 

filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to 

carry out part I of the Foreign Assistance Act of 1961, including 

funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated. 

(d) PROGRAM ACCOUNT CHARGED.—The account charged for the 

cost of an individual hired and employed under the authority of this 

section shall be the account to which such individual’s responsibilities primarily relate: Provided, That funds made available to carry 

out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading ‘‘Operating Expenses’’. 

(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired 

and employed by USAID, with funds made available in this Act or 

prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of 

section 309 of the Foreign Service Act of 1980, may be extended for 

a period of up to 4 years notwithstanding the limitation set forth 

in such section. 

(f) DISASTER SURGE CAPACITY.—Funds appropriated under title 

III of this Act to carry out part I of the Foreign Assistance Act of 

1961, including funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’, may be used, in addition to 

funds otherwise available for such purposes, for the cost (including 

the support costs) of individuals detailed to or employed by USAID 

whose primary responsibility is to carry out programs in response 

to natural disasters, or man-made disasters subject to the regular 

notification procedures of the Committees on Appropriations. 

(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated 

by this Act to carry out chapter 1 of part I, chapter 4 of part II, and 


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section 667 of the Foreign Assistance Act of 1961, and title II of the 

Agricultural Trade Development and Assistance Act of 1954, may be 

used by USAID to employ up to 40 personal services contractors in 

the United States, notwithstanding any other provision of law, for 

the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency 

until permanent direct hire personnel are hired and trained: Provided, That not more than 15 of such contractors shall be assigned 

to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development 

and Assistance Act of 1954, may be made available only for personal services contractors assigned to the Office of Food for Peace. 

(h) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID 

may provide an exception to the fair opportunity process for placing 

task orders under such contracts when the order is placed with any 

category of small or small disadvantaged business. 

(i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority provided by section 7059(o) 

of division F of Public Law 111–117 may be assigned to or support 

programs in Iraq, Afghanistan, or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. 

GLOBAL HEALTH ACTIVITIES

SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III 

and IV of this Act that are made available for bilateral assistance 

for child survival activities or disease programs including activities 

relating to research on, and the prevention, treatment and control 

of, HIV/AIDS may be made available notwithstanding any other 

provision of law except for provisions under the heading ‘‘Global 

Health Programs’’ and the United States Leadership Against HIV/ 

AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 

U.S.C. 7601 et seq.), as amended: Provided, That of the funds appropriated under title III of this Act, not less than $575,000,000 

should be made available for family planning/reproductive health, 

including in areas where population growth threatens biodiversity 

or endangered species. 

(b) GLOBAL HEALTH MANAGEMENT.— (1) Not later than 180 days after enactment of this Act, the 

Secretary of State, in consultation with the Administrator of the 

United States Agency for International Development (USAID), 

shall submit to the Committees on Appropriations an analysis 

of short and long-term costs, to include potential cost savings 

or increases, associated with transitioning the function, role, 

and duties of the Office of the United States Global AIDS Coordinator into USAID: Provided, That such report shall also assess any programmatic advantages and disadvantages, including the ability to achieve results, of making such a transition. 

(2)(A) Not later than 45 days after enactment of this Act, 

the Secretary of State, in consultation with the Administrator 

of the United States Agency for International Development 

(USAID), shall submit to the Committees on Appropriations a 

report on the status of the Quadrennial Diplomacy and Development Review (QDDR) decision to transition the leadership of 


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the Global Health Initiative (GHI) to USAID, to include the following— 

(i) the metrics developed to measure progress in meeting each benchmark enumerated in Appendix 2 of the 

QDDR and the method utilized to develop such metrics; 

and 

(ii) the status of, and estimated completion date for, 

meeting each benchmark. 

(B) Within 90 days of submitting the initial report required 

by subparagraph (A), and each 90 days thereafter until the GHI 

transition is completed, an update shall be provided to the 

Committees on Appropriations on the status of meeting each 

benchmark: Provided, That if as part of any such update it is 

determined that the QDDR target date of September 2012 will 

not be met, the Secretary of State, in consultation with the 

USAID Administrator, shall submit a detailed explanation of 

the delay and a revised target date for the transition to be completed. 

(c) GLOBAL FUND REFORMS.— (1) Of funds appropriated by this Act that are available for 

a contribution to the Global Fund to Fight AIDS, Tuberculosis 

and Malaria (Global Fund), 10 percent should be withheld 

from obligation until the Secretary of State determines and reports to the Committees on Appropriations that— 

(A) the Global Fund is maintaining and implementing 

a policy of transparency, including the authority of the 

Global Fund Office of the Inspector General (OIG) to publish OIG reports on a public Web site; 

(B) the Global Fund is providing sufficient resources to 

maintain an independent OIG that— 

(i) reports directly to the Board of the Global 

Fund; 

(ii) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue 

interference; and 

(iii) compiles regular, publicly published audits 

and investigations of financial, programmatic, and reporting aspects of the Global Fund, its grantees, recipients, sub-recipients, and Local Fund Agents; and 

(C) the Global Fund maintains an effective whistleblower policy to protect whistleblowers from retaliation, including confidential procedures for reporting possible misconduct or irregularities. 

(2) The withholding required by this subsection shall not be 

in addition to funds that are withheld from the Global Fund 

in fiscal year 2012 pursuant to the application of any other provision contained in this or any other Act. 

(d) PANDEMIC RESPONSE.—If the President determines and reports to the Committees on Appropriations that a pandemic virus is 

efficient and sustained, severe, and is spreading internationally, 

funds made available under titles III, IV, and VIII in this Act and 

prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available to 

combat such virus: Provided, That funds made available pursuant 

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tion with, and the regular notification procedures of, the Committees on Appropriations. 

PROHIBITION ON PROMOTION OF TOBACCO

SEC. 7059. None of the funds provided by this Act shall be 

available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of 

restrictions on the marketing of tobacco or tobacco products, except 

for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 

PROGRAMS TO PROMOTE GENDER EQUALITY

SEC. 7060. (a) Programs funded under title III of this Act shall 

include, where appropriate, efforts to improve the status of women, 

including through gender considerations in the planning, assessment, implementation, monitoring and evaluation of such programs. 

(b) Funds appropriated under title III of this Act shall be made 

available to support programs to expand economic opportunities for 

poor women in developing countries, including increasing the number and capacity of women-owned enterprises, improving property 

rights for women, increasing women’s access to financial services 

and capital, enhancing the role of women in economic decisionmaking at the local, national and international levels, and improving women’s ability to participate in the global economy. 

(c) Funds appropriated under title III of this Act shall be made 

available to increase political opportunities for women, including 

strengthening protections for women’s personal status, increasing 

women’s participation in elections, and enhancing women’s positions in government and role in government decisionmaking. 

(d) Funds appropriated under in title III of this Act for food security and agricultural development shall take into consideration 

the unique needs of women, and technical assistance for women 

farmers should be a priority. 

(e) The Secretary of State, in consultation with the heads of 

other relevant Federal agencies, shall develop a National Action 

Plan in accordance with United Nations Security Council Resolution 1325 (adopted on October 31, 2000) to ensure the United States 

effectively promotes and supports the rights and roles of women in 

conflict-affected and post-conflict regions through clear, measurable 

commitments to— 

(1) promote the active and meaningful participation of 

women in affected areas in all aspects of conflict prevention, 

management, and resolution; 

(2) integrate the perspectives and interests of affected 

women into conflict-prevention activities and strategies; 

(3) promote the physical safety, economic security, and dignity of women and girls; 

(4) support women’s equal access to aid distribution mechanisms and services; and 

(5) monitor, analyze and evaluate implementation efforts 

and their impact. 

(f) The Department of State and the United States Agency for 

International Development shall fully integrate gender into all diplomatic and development efforts through the inclusion of gender in 


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strategic planning and budget allocations, and the development of 

indicators and evaluation mechanisms to measure the impact of 

United States policies and programs on women and girls in foreign 

countries. 

GENDER-BASED VIOLENCE

SEC. 7061. (a) Funds appropriated under the headings ‘‘Global 

Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic Support 

Fund’’, and ‘‘International Narcotics Control and Law Enforcement’’ 

in this Act shall be made available for gender-based violence prevention and response efforts, and funds appropriated under the 

headings ‘‘International Disaster Assistance’’, ‘‘Complex Crises 

Fund’’, and ‘‘Migration and Refugee Assistance’’ should be made 

available for such efforts. 

(b) Programs and activities funded under titles III and IV of 

this Act to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, 

where appropriate, prevention and response to gender-based violence 

and trafficking in persons. 

SECTOR ALLOCATIONS

SEC. 7062. (a) BASIC AND HIGHER EDUCATION.— 

(1) BASIC EDUCATION.— 

(A) Of the funds appropriated by title III of this Act, 

not less than $800,000,000 shall be made available for assistance for basic education, of which not less than 

$288,000,000 should be made available under the heading 

‘‘Development Assistance’’. 

(B) The United States Agency for International Development shall ensure that programs supported with funds 

appropriated for basic education in this Act and prior Acts 

making appropriations for the Department of State, foreign 

operations, and related programs are integrated, when appropriate, with health, agriculture, governance, and economic development activities to address the economic and 

social needs of the broader community. 

(C) Funds appropriated by title III of this Act for basic 

education may be made available for a contribution to the 

Global Partnership for Education. 

(2) HIGHER EDUCATION.—Of the funds appropriated by title 

III of this Act, not less than $200,000,000 shall be made available for assistance for higher education, of which $25,000,000 

shall be to support such programs in Africa, including for partnerships between higher education institutions in Africa and 

the United States. 

(b) DEVELOPMENT GRANTS PROGRAM.—Of the funds appropriated in title III of this Act, not less than $45,000,000 shall be 

made available for the Development Grants Program established 

pursuant to section 674 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J 

of Public Law 110–161), primarily for unsolicited proposals, to support grants of not more than $2,000,000 to small nongovernmental 

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section are in addition to other funds available for such purposes 

including funds designated by this Act by subsection (f). 

(c) ENVIRONMENT PROGRAMS.— (1) IN GENERAL.—Of the funds appropriated by this Act, not less than $1,250,000,000 should be made available for programs and activities to protect the environment. 

(2) CLEAN ENERGY PROGRAMS.—The limitation in section 

7081(b) of division F of Public Law 111–117 shall continue in 

effect during fiscal year 2012 as if part of this Act: Provided, 

That the proviso contained in such section shall not apply. 

(3) ADAPTATION PROGRAMS.—Funds appropriated by this 

Act may be made available for United States contributions to 

the Least Developed Countries Fund and the Special Climate 

Change Fund to support adaptation programs and activities. 

(4) TROPICAL FOREST PROGRAMS.—Funds appropriated 

under title III of this Act for tropical forest programs shall be 

used to protect biodiversity, and shall not be used to support or 

promote the expansion of industrial scale logging into primary 

tropical forests: Provided, That funds that are available for the 

Central African Regional Program for the Environment and 

other tropical forest programs in the Congo Basin for the 

United States Fish and Wildlife Service (USFWS) shall be apportioned directly to the USFWS: Provided further, That funds 

made available for the Department of the Interior (DOI) for programs in the Guatemala Mayan Biosphere Reserve shall be apportioned directly to the DOI. 

(5) AUTHORITY.—Funds appropriated by this Act to carry 

out the provisions of sections 103 through 106, and chapter 4 

of part II, of the Foreign Assistance Act of 1961 may be used, 

notwithstanding any other provision of law except for the provisions of this section and subject to the regular notification procedures of the Committees on Appropriations, to support environment programs. 

(6) CONSULTATION.—Funds made available pursuant to 

this subsection are subject to prior consultation with, and the 

regular notification procedures of, the Committees on Appropriations. 

(7) EXTRACTION OF NATURAL RESOURCES.— (A) Funds appropriated by this Act shall be made 

available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources, including by strengthening 

implementation and monitoring of the Extractive Industries 

Transparency Initiative, implementing and enforcing section 8204 of Public Law 110–246 and the Kimberley Process Certification Scheme, and providing technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management. 

(B)(i) The Secretary of the Treasury shall inform the 

managements of the international financial institutions 

and post on the Department of the Treasury’s Web site that 

it is the policy of the United States to vote against any assistance by such institutions (including but not limited to 

any loan, credit, grant, or guarantee) for the extraction and 


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export of a natural resource if the government of the country has in place laws or regulations to prevent or limit the 

public disclosure of company payments as required by section 1504 of Public Law 111–203, and unless such government has in place functioning systems in the sector in 

which assistance is being considered for: 

(I) accurately accounting for and public disclosure 

of payments to the host government by companies involved in the extraction and export of natural resources; 

(II) the independent auditing of accounts receiving 

such payments and public disclosure of the findings of 

such audits; and 

(III) public disclosure of such documents as Host 

Government Agreements, Concession Agreements, and 

bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, 

information that is commercially proprietary or that 

would create competitive disadvantage. 

(ii) The requirements of subparagraph (i) shall not 

apply to assistance for the purpose of building the capacity 

of such government to meet the requirements of this paragraph. 

(C) The Secretary of the Treasury or the Secretary of 

State, as appropriate, shall instruct the United States executive director of each international financial institution 

and the United States representatives to all forest-related 

multilateral financing mechanisms and processes, that it is 

the policy of the United States to vote against the expansion 

of industrial scale logging into primary tropical forests. 

(8) CONTINUATION OF PRIOR LAW.—Section 7081(g)(2) and 

(4) of division F of Public Law 111–117 shall continue in effect 

during fiscal year 2012 as if part of this Act. 

(d) FOOD SECURITY AND AGRICULTURE DEVELOPMENT.—Of the 

funds appropriated by title III of this Act, $1,170,000,000 should be 

made available for food security and agriculture development programs, of which $31,500,000 shall be made available for Collaborative Research Support Programs: Provided, That such funds may 

be made available notwithstanding any other provision of law to 

address food shortages, and may be made available for a United 

States contribution to the endowment of the Global Crop Diversity 

Trust pursuant to section 3202 of Public Law 110–246. 

(e) MICROENTERPRISE AND MICROFINANCE.—Of the funds appropriated by this Act, not less than $265,000,000 should be made 

available for microenterprise and microfinance development programs for the poor, especially women. 

(f) RECONCILIATION PROGRAMS.—(1) Of the funds appropriated 

by title III of this Act under the headings ‘‘Economic Support Fund’’ 

and ‘‘Development Assistance’’, $26,000,000 shall be made available 

to support people-to-people reconciliation programs which bring together individuals of different ethnic, religious and political backgrounds from areas of civil strife and war, of which $10,000,000 

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priations, prior to the initial obligation of funds, on the uses of such 

funds. 

(2) Of the funds appropriated by title III of this Act under the 

headings ‘‘Economic Support Fund’’ and ‘‘Development Assistance’’, 

$10,000,000 should be made available for a ‘‘New Generation in the 

Middle East’’ initiative to build understanding, tolerance, and mutual respect among the next generation of Israeli and Palestinian 

leaders. 

(g) TRAFFICKING IN PERSONS.—Of the funds appropriated by 

this Act under the headings ‘‘Development Assistance’’, ‘‘Economic 

Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ not 

less than $36,000,000 shall be made available for activities to combat trafficking in persons internationally. 

(h) WATER.—Of the funds appropriated by this Act, not less 

than $315,000,000 shall be made available for water and sanitation 

supply projects pursuant to the Senator Paul Simon Water for the 

Poor Act of 2005 (Public Law 109–121). 

(i) WOMEN’S LEADERSHIP CAPACITY.—Of the funds appropriated 

by title III of this Act, not less than $20,000,000 shall be made 

available for programs to improve women’s leadership capacity in 

recipient countries. 

(j) NOTIFICATION REQUIREMENTS.—Authorized deviations from 

funding levels contained in this section shall be subject to the regular notification procedures of the Committees on Appropriations. 

CENTRAL ASIA

SEC. 7063. The terms and conditions of sections 7075(a) 

through (d) and 7076(a) through (e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 

(division H of Public Law 111–8) shall apply to funds appropriated 

by this Act, except that the Secretary of State may waive the application of section 7076(a) for a period of not more than 6 months and 

every 6 months thereafter until September 30, 2013, if the Secretary 

certifies to the Committees on Appropriations that the waiver is in 

the national security interest and necessary to obtain access to and 

from Afghanistan for the United States, and the waiver includes an 

assessment of progress, if any, by the Government of Uzbekistan in 

meeting the requirements in section 7076(a): Provided, That the Secretary of State, in consultation with the Secretary of Defense, shall 

submit a report to the Committees on Appropriations not later than 

180 days after enactment of this Act and 12 months thereafter, on 

all United States Government assistance provided to the Government of Uzbekistan and expenditures made in support of the Northern Distribution Network in Uzbekistan, including any credible information that such assistance or expenditures are being diverted 

for corrupt purposes: Provided further, That information provided 

in the report required by the previous proviso may be provided in 

a classified annex and such annex shall indicate the basis for such 

classification: Provided further, That for the purposes of the application of section 7075(c) to this Act, the report shall be submitted 

not later than October 1, 2012 and for the purposes of the application of section 7076(e) to this Act, the term ‘‘assistance’’ shall not include expanded international military education and training. 


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REQUESTS FOR DOCUMENTS

SEC. 7064. None of the funds appropriated or made available 

pursuant to titles III through VI of this Act shall be available to a 

nongovernmental organization, including any contractor, which 

fails to provide upon timely request any document, file, or record 

necessary to the auditing requirements of the United States Agency 

for International Development. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

(INCLUDING TRANSFER OF FUNDS)

SEC. 7065. (a) Whenever the President determines that it is in 

furtherance of the purposes of the Foreign Assistance Act of 1961, 

up to a total of $20,000,000 of the funds appropriated under title 

III of this Act may be transferred to, and merged with, funds appropriated by this Act for the Overseas Private Investment Corporation 

Program Account, to be subject to the terms and conditions of that 

account: Provided, That such funds shall not be available for administrative expenses of the Overseas Private Investment Corporation: Provided further, That designated funding levels in this Act 

shall not be transferred pursuant to this section: Provided further, 

That the exercise of such authority shall be subject to the regular 

notification procedures of the Committees on Appropriations. 

(b) Notwithstanding section 235(a)(2) of the Foreign Assistance 

Act of 1961, the authority of subsections (a) through (c) of section 

234 of such Act shall remain in effect until September 30, 2012. 

INTERNATIONAL PRISON CONDITIONS

SEC. 7066. (a) Not later than 180 days after enactment of this 

Act, the Secretary of State shall submit to the Committees on Appropriations a report, which shall also be made publicly available including on the Department of State’s Web site, describing— 

(1) conditions in prisons and other detention facilities in at 

least 25 countries whose governments receive United States assistance and which the Secretary determines raise serious 

human rights or humanitarian concerns; and 

(2) the extent to which such governments are taking steps 

to eliminate such conditions. 

(b) For purposes of each determination made pursuant to subsection (a), the Secretary shall consider the criteria listed in section 

7085(b)(1) through (10) of division F of Public Law 111–117. 

(c) Funds appropriated by this Act to carry out the provisions 

of chapters 1 and 11 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and the Support for East European Democracy (SEED) Act of 1989, shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for assistance to eliminate inhumane conditions in foreign prisons and 

other detention facilities. 

PROHIBITION ON USE OF TORTURE

SEC. 7067. (a) None of the funds made available in this Act 

may be used to support or justify the use of torture, cruel or inhuVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00473 Fmt 6659 Sfmt 6603 E:\HR\OC\HR331.XXX HR331

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mane treatment by any official or contract employee of the United 

States Government. 

(b) Funds appropriated by this Act to carry out the provisions 

of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of 

the Foreign Assistance Act of 1961, and the Support for East European Democracy (SEED) Act of 1989, shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for 

assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this Act that are identified in the Department of State’s 

most recent Country Reports on Human Rights Practices. 

EXTRADITION

SEC. 7068. (a) None of the funds appropriated in this Act may 

be used to provide assistance (other than funds provided under the 

headings ‘‘International Narcotics Control and Law Enforcement’’, 

‘‘Migration and Refugee Assistance’’, ‘‘Emergency Migration and 

Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Assistance’’) for the central government of a 

country which has notified the Department of State of its refusal to 

extradite to the United States any individual indicted for a criminal 

offense for which the maximum penalty is life imprisonment without 

the possibility of parole or for killing a law enforcement officer, as 

specified in a United States extradition request. 

(b) Subsection (a) shall only apply to the central government of 

a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty 

and the government of that country is in violation of the terms and 

conditions of the treaty. 

(c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the 

Committees on Appropriations that such waiver is important to the 

national interests of the United States. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 7069. Notwithstanding any other provision of law, and 

subject to the regular notification procedures of the Committees on 

Appropriations, the authority of section 23(a) of the Arms Export 

Control Act may be used to provide financing to Israel, Egypt and 

NATO and major non-NATO allies for the procurement by leasing 

(including leasing with an option to purchase) of defense articles 

from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft 

having possible civilian application), if the President determines 

that there are compelling foreign policy or national security reasons 

for those defense articles being provided by commercial lease rather 

than by government-to-government sale under such Act. 

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 7070. (a) None of the funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall be 

made available for assistance for a government of an Independent 

State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty 


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of any other Independent State of the former Soviet Union, such as 

those violations included in the Helsinki Final Act: Provided, That 

such funds may be made available without regard to the restriction 

in this subsection if the President determines that to do so is in the 

national security interest of the United States. 

(b)(1) Of the funds appropriated under the heading ‘‘Assistance 

for Europe, Eurasia and Central Asia’’ that are allocated for assistance for the Government of the Russian Federation, 60 percent shall 

be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation— 

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or 

equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and 

(B) is providing full access to international non-government 

organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya. 

(2) Paragraph (1) shall not apply to— 

(A) assistance to combat infectious diseases, child survival 

activities, or assistance for victims of trafficking in persons; and 

(B) activities authorized under title V (Nonproliferation 

and Disarmament Programs and Activities) of the FREEDOM 

Support Act. 

(c) Section 907 of the FREEDOM Support Act shall not apply 

to— 

(1) activities to support democracy or assistance under title 

V of the FREEDOM Support Act and section 1424 of Public 

Law 104–201 or non-proliferation assistance; 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 1961 

(22 U.S.C. 2421); 

(3) any activity carried out by a member of the United 

States and Foreign Commercial Service while acting within his 

or her official capacity; 

(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 

INTERNATIONAL MONETARY FUND

SEC. 7071. (a) The terms and conditions of sections 7086(b)(1) 

and (2) and 7090(a) of division F of Public Law 111–117 shall 

apply to this Act. 

(b) The Secretary of the Treasury shall instruct the United 

States Executive Director of the International Monetary Fund (IMF) 

to seek to ensure that any loan will be repaid to the IMF before 

other private creditors. 

(c) The Secretary of the Treasury shall seek to ensure that the 

IMF is implementing best practices for the protection of whistleblowers from retaliation, including best practices for legal burdens 


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of proof, access to independent adjudicative bodies, results that 

eliminate the effects of retaliation, and statutes of limitation for reporting retaliation. 

REPRESSION IN THE RUSSIAN FEDERATION

SEC. 7072. (a) None of the funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ in this Act 

may be made available for the Government of the Russian Federation, after 180 days from the date of the enactment of this Act, unless the Secretary of State certifies to the Committees on Appropriations that the Government of the Russian Federation: 

(1) has implemented no statute, Executive order, regulation 

or similar government action that would discriminate, or which 

has as its principal effect discrimination, against religious 

groups or religious communities in the Russian Federation in 

violation of accepted international agreements on human rights 

and religious freedoms to which the Russian Federation is a 

party; 

(2) is honoring its international obligations regarding freedom of expression, assembly, and press, as well as due process; 

(3) is investigating and prosecuting law enforcement personnel credibly alleged to have committed human rights abuses 

against political leaders, activists and journalists; and 

(4) is immediately releasing political leaders, activists and 

journalists who remain in detention. 

(b) The Secretary of State may waive the requirements of subsection (a) if the Secretary determines that to do so is important to 

the national interests of the United States. 

PROHIBITION ON FIRST-CLASS TRAVEL

SEC. 7073. None of the funds made available in this Act may 

be used for first-class travel by employees of agencies funded by this 

Act in contravention of sections 301–10.122 through 301–10.124 of 

title 41, Code of Federal Regulations. 

DISABILITY PROGRAMS

SEC. 7074. Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ shall be made available for programs 

and activities administered by the United States Agency for International Development to address the needs and protect and promote 

the rights of people with disabilities in developing countries, including initiatives that focus on independent living, economic self-sufficiency, advocacy, education, employment, transportation, sports, 

and integration of individuals with disabilities, including for the 

cost of translation, and shall also be made available to support disability advocacy organizations to provide training and technical assistance for disabled persons organizations in such countries: Provided, That of the funds made available by this section, up to 7 percent may be for management, oversight, and technical support. 

ENTERPRISE FUNDS

SEC. 7075. (a) Prior to the distribution of any assets resulting 

from any liquidation, dissolution, or winding up of an Enterprise 


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Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the 

distribution of the assets of the Enterprise Fund. 

(b) Funds made available under titles III through VI of this Act 

for Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for projects and activities and no 

such funds may be available except through the regular notification 

procedures of the Committees on Appropriations. 

CONSULAR AFFAIRS

SEC. 7076. (a) The Secretary of State shall implement the necessary steps, including hiring a sufficient number of consular officers to include limited non-career appointment officers, in the People’s Republic of China, Brazil, and India to reduce the wait time 

to interview visa applicants who have submitted applications. 

(b) The Secretary of State shall conduct a risk and benefit analysis regarding the extension of the expiration period for B–1 or B– 

2 visas for visa applicants before requiring a consular officer interview and, unless such analysis finds that risks outweigh benefits, 

develop a plan to extend such expiration period in a manner consistent with maintaining security controls. 

(c) The Secretary of State may develop and conduct a pilot program for the processing of B–1 and B–2 visas using secure remote 

videoconferencing technology as a method for conducting visa interviews of applicants: Provided, That any such pilot should be developed in consultation with other Federal agencies that use such secure communications to help ensure security of the 

videoconferencing transmission and encryption: Provided further, 

That no pilot program should be conducted if the Secretary determines and reports to the Committees on Appropriations that such 

program poses an undue security risk and that it cannot be conducted in a manner consistent with maintaining security controls. 

PROCUREMENT REFORM

SEC. 7077. (a) LOCAL COMPETITION.—Notwithstanding any 

other provision of law, the Administrator of the United States Agency for International Development (USAID) may, with funds made 

available in this Act and prior Acts making appropriations for the 

Department of State, foreign operations, and related programs, 

award contracts and other acquisition instruments in which competition is limited to local entities if doing so would result in cost 

savings, develop local capacity, or enable the USAID Administrator 

to initiate a program or activity in appreciably less time than if 

competition were not so limited: Provided, That the authority provided in this section may not be used to make awards in excess of 

$5,000,000 and shall not exceed more than 10 percent of the funds 

made available to USAID under this Act for assistance programs: 

Provided further, That such authority shall be available to support 

a pilot program with such funds: Provided further, That the USAID 

Administrator shall consult with the Committees on Appropriations 

and relevant congressional committees on the results of such pilot 

program. 


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(b) For the purposes of this section, local entity means an individual, a corporation, a nonprofit organization, or another body of 

persons that— 

(1) is legally organized under the laws of; 

(2) has as its principal place of business or operations in; 

and 

(3) either is— 

(A) majority owned by individuals who are citizens or 

lawful permanent residents of; or 

(B) managed by a governing body the majority of 

whom are citizens or lawful permanent residents of; 

a country receiving assistance from funds appropriated under 

title III of this Act. 

(c) For purposes of this section, ‘‘majority owned’’ and ‘‘managed by’’ include, without limitation, beneficiary interests and the 

power, either directly or indirectly, whether exercised or exercisable, 

to control the election, appointment, or tenure of the organization’s 

managers or a majority of the organization’s governing body by any 

means. 

OPERATING AND SPEND PLANS

SEC. 7078. (a) OPERATING PLANS.—Not later than 30 days after 

the date of enactment of this Act, each department, agency or organization funded in titles I and II, and the Department of the Treasury and Independent Agencies funded in title III of this Act shall 

submit to the Committees on Appropriations an operating plan for 

funds appropriated to such department, agency, or organization in 

such titles of this Act, or funds otherwise available for obligation in 

fiscal year 2012, that provides details of the use of such funds at 

the program, project, and activity level. 

(b) SPEND PLANS.—Prior to the initial obligation of funds, the 

Secretary of State, in consultation with the Administrator of the 

United States Agency for International Development, shall submit to 

the Committees on Appropriations a detailed spend plan for the following— 

(1) funds appropriated under the heading ‘‘Democracy 

Fund’’; 

(2) funds made available in titles III and IV of this Act for 

assistance for Iraq, Haiti, Colombia, and Mexico, for the Caribbean Basin Security Initiative, and for the Central American 

Regional Security Initiative; 

(3) funds made available for assistance for countries or programs and activities referenced in— 

(A) section 7040; 

(B) section 7041(a), (e), (f), and (i); 

(C) section 7043(b); 

(D) section 7046(a) and (c); and 

(4) funds appropriated in title III for food security and agriculture development programs and for environment programs. 

(c) NOTIFICATIONS.—The spend plans referenced in subsection 

(b) shall not be considered as meeting the notification requirements 

under section 7015 of this Act or under section 634A of the Foreign 

Assistance Act of 1961. 


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RESCISSIONS

SEC. 7079. (a) Of the funds appropriated in prior Acts making 

appropriations for the Department of State, foreign operations, and 

related programs under the heading ‘‘Diplomatic and Consular Programs’’, $13,700,000 are rescinded, of which $8,000,000 shall be 

from funds for Worldwide Security Protection: Provided, That no 

amounts may be rescinded from amounts that were designated by 

Congress as an emergency requirement pursuant to a concurrent 

resolution on the budget or the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

(b) Of the unexpended balances available under the heading 

‘‘Export and Investment Assistance, Export-Import Bank of the 

United States, Subsidy Appropriation’’ from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $400,000,000 are rescinded. 

(c) Of the unexpended balances available to the President for bilateral economic assistance under the heading ‘‘Economic Support 

Fund’’ from prior Acts making appropriations for the Department of 

State, foreign operations, and related programs, $100,000,000 are 

rescinded: Provided, That no amounts may be rescinded from 

amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. 

(d) The Secretary of State, as appropriate, shall consult with 

the Committees on Appropriations at least 15 days prior to implementing the rescissions made in this section. 

SPECIAL DEFENSE ACQUISITION FUND

(INCLUDING LIMITATION ON OBLIGATIONS)

SEC. 7080. (a) TRANSFER.—Of the funds made available pursuant to the last proviso in the second paragraph under the heading 

‘‘Foreign Military Financing Program’’ in this Act, up to 

$100,000,000 of such funds may be transferred to the Special Defense Acquisition Fund pursuant to section 51 of the Arms Export 

Control Act. 

(b) LIMITATION ON OBLIGATIONS.—Not to exceed $100,000,000 

may be obligated pursuant to section 51(c)(2) of the Arms Export 

Control Act for the purposes of the Special Defense Acquisition 

Fund (Fund), to remain available for obligation until September 30, 

2015: Provided, That the provision of defense articles and defense 

services to foreign countries or international organizations from the 

Fund shall be subject to the concurrence of the Secretary of State. 

AUTHORITY FOR CAPITAL INCREASES

SEC. 7081. (a) INTERNATIONAL BANK FOR RECONSTRUCTION AND

DEVELOPMENT.—The Bretton Woods Agreements Act, as amended 

(22 U.S.C. 286 et seq.), is further amended by adding at the end 

thereof the following new sections: 

‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF 

AGREEMENT OF THE BANK TO INCREASE BASIC VOTES. 

‘‘The United States Governor of the Bank may accept on behalf 

of the United States the amendment to the Articles of Agreement of 

the Bank as proposed in resolution No. 596, entitled ‘Enhancing 


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Voice and Participation of Developing and Transition Countries,’ of 

the Board of Governors of the Bank that was approved by such 

Board on January 30, 2009. 

‘‘SEC. 70. CAPITAL STOCK INCREASES. 

‘‘(a) INCREASES AUTHORIZED.—The United States Governor of 

the Bank is authorized— 

‘‘(1)(A) to vote in favor of a resolution to increase the capital 

stock of the Bank on a selective basis by 230,374 shares; and 

‘‘(B) to subscribe on behalf of the United States to 38,459 

additional shares of the capital stock of the Bank, as part of the 

selective increase in the capital stock of the Bank, except that 

any subscription to such additional shares shall be effective 

only to such extent or in such amounts as are provided in advance in appropriations Acts; 

‘‘(2)(A) to vote in favor of a resolution to increase the capital 

stock of the Bank on a general basis by 484,102 shares; and 

‘‘(B) to subscribe on behalf of the United States to 81,074 

additional shares of the capital stock of the Bank, as part of the 

general increase in the capital stock of the Bank, except that 

any subscription to such additional shares shall be effective 

only to such extent or in such amounts as are provided in advance in appropriations Acts. 

‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) In order to pay for the increase in the United States 

subscription to the Bank under subsection (a)(2)(B), there are 

authorized to be appropriated, without fiscal year limitation, 

$9,780,361,991 for payment by the Secretary of the Treasury. 

‘‘(2) Of the amount authorized to be appropriated under 

paragraph (2)(A)— 

‘‘(A) $586,821,720 shall be for paid in shares of the 

Bank; and 

‘‘(B) $9,193,540,271 shall be for callable shares of the 

Bank.’’. 

(b) INTERNATIONAL FINANCE CORPORATION.—The International 

Finance Corporation Act, Public Law 84–350, as amended (22 

U.S.C. 282 et seq.), is further amended by adding at the end thereof 

the following new section: 

‘‘SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT OF THE 

ARTICLES OF AGREEMENT. 

‘‘(a) VOTE AUTHORIZED.—The United States Governor of the 

Corporation is authorized to vote in favor of a resolution to increase 

the capital stock of the Corporation by $130,000,000. 

‘‘(b) AMENDMENT OF THE ARTICLES OF AGREEMENT.—The 

United States Governor of the Corporation is authorized to agree to 

and accept an amendment to Article IV, Section 3(a) of the Articles 

of Agreement of the Corporation that achieves an increase in basic 

votes to 5.55 percent of total votes.’’. 

(c) INTER-AMERICAN DEVELOPMENT BANK.—The Inter-American 

Development Bank Act, Public Law 86–147, as amended (22 U.S.C. 

283 et seq.), is further amended by adding at the end thereof the following new section: 

‘‘SEC. 41. NINTH CAPITAL INCREASE. 

‘‘(a) VOTE AUTHORIZED.—The United States Governor of the 

Bank is authorized to vote in favor of a resolution to increase the 


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capital stock of the Bank by $70,000,000,000 as described in Resolution AG–7/10, ‘Report on the Ninth General Capital Increase in the 

resources of the Inter-American Development Bank’ as approved by 

Governors on July 21, 2010. 

‘‘(b) SUBSCRIPTION AUTHORIZED.— 

‘‘(1) The United States Governor of the Bank may subscribe 

on behalf of the United States to 1,741,135 additional shares of 

the capital stock of the Bank. 

‘‘(2) Any subscription by the United States to the capital 

stock of the Bank shall be effective only to such extent and in 

such amounts as are provided in advance in appropriations 

Acts. 

‘‘(c) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) In order to pay for the increase in the United States 

subscription to the Bank under subsection (b), there are authorized to be appropriated, without fiscal year limitation, 

$21,004,064,337 for payment by the Secretary of the Treasury. 

‘‘(2) Of the amount authorized to be appropriated under 

paragraph (1)— 

‘‘(A) $510,090,175 shall be for paid in shares of the 

Bank; and 

‘‘(B) $20,493,974,162 shall be for callable shares of the 

Bank.’’. 

(d) AFRICAN DEVELOPMENT BANK.—The African Development 

Bank Act, Public Law 97–35, as amended (22 U.S.C. 290i et seq.), 

is further amended by adding at the end thereof the following new 

section: 

‘‘SEC. 1344. SIXTH CAPITAL INCREASE. 

‘‘(a) SUBSCRIPTION AUTHORIZED.— 

‘‘(1) The United States Governor of the Bank may subscribe 

on behalf of the United States to 289,391 additional shares of 

the capital stock of the Bank. 

‘‘(2) Any subscription by the United States to the capital 

stock of the Bank shall be effective only to such extent and in 

such amounts as are provided in advance in appropriations 

Acts. 

‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) In order to pay for the increase in the United States 

subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, 

$4,322,228,221 for payment by the Secretary of the Treasury. 

‘‘(2) Of the amount authorized to be appropriated under 

paragraph (1)— 

‘‘(A) $259,341,759 shall be for paid in shares of the 

Bank; and 

‘‘(B) $4,062,886,462 shall be for callable shares of the 

Bank.’’. 

(e) EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT.—The European Bank for Reconstruction and Development 

Act, Section 562(c) of Public Law 101–513, as amended (22 U.S.C. 

290l et seq.), is further amended by adding at the end thereof the 

following new paragraph: 

‘‘(12) CAPITAL INCREASE.— 

‘‘(A) SUBSCRIPTION AUTHORIZED.— 


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‘‘(i) The United States Governor of the Bank may 

subscribe on behalf of the United States up to 90,044 

additional callable shares of the capital stock of the 

Bank in accordance with Resolution No. 128 as adopted by the Board of Governors of the Bank on May 14, 

2010. 

‘‘(ii) Any subscription by the United States to additional capital stock of the Bank shall be effective only 

to such extent and in such amounts as are provided in 

advance in appropriations Acts. 

‘‘(B) LIMITATIONS ON AUTHORIZATION OF APPROPRIA- TIONS.—In order to pay for the increase in the United 

States subscription to the Bank under subsection (A), there 

are authorized to be appropriated, without fiscal year limitation, up to $1,252,331,952 for payment by the Secretary 

of the Treasury.’’. 

REFORMS RELATED TO GENERAL CAPITAL INCREASES

SEC. 7082. (a) REFORMS.—Funds appropriated by this Act may 

not be disbursed for a United States contribution to the general capital increases of the International Bank for Reconstruction and Development (World Bank), the African Development Bank (AfDB), or 

the Inter-American Development Bank (IDB) until the Secretary of 

the Treasury reports to the Committees on Appropriations that such 

institution, as appropriate, is making substantial progress toward 

the following— 

(1) implementing specific reform commitments agreed to by 

the World Bank and the AfDB as described in the Pittsburgh 

Leaders’ Statement issued at the Pittsburgh G20 Summit in 

September 2009 concerning sound finances, effective management and governance, transparency and accountability, focus 

on core mission, and results; 

(2) implementing specific reform commitments agreed to by 

the IDB in Resolution AG–7/10 ‘‘Report on the Ninth General 

Capital Increase in the resources of the Inter-American Development Bank’’ as approved by the Governors on July 12, 2010, including transfers of at least $200,000,000 annually to a grant 

facility for Haiti; 

(3) implementing procurement guidelines that maximize 

international competitive bidding in accordance with sound 

procurement practices, including transparency, competition, 

and cost-effective results for borrowers; 

(4) implementing best practices for the protection of whistleblowers from retaliation, including best practices for legal burdens of proof, access to independent adjudicative bodies, results 

that eliminate the effects of retaliation, and statutes of limitation for reporting retaliation; 

(5) requiring that each candidate for budget support or development policy loans provide an assessment of reforms needed 

to budgetary and procurement processes to encourage transparency, including budget publication and public scrutiny, 

prior to loan approval; 

(6) making publicly available external and internal performance and financial audits of such institution’s projects on 

the institution’s Web site; 


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(7) adopting policies concerning the World Bank’s proposed 

Program for Results (P4R) to: limit P4R to no more than 5 percent of annual World Bank lending as a pilot for a period of 

not less than two years; require that projects with potentially 

significant adverse social or environmental impacts and 

projects that affect indigenous peoples are either excluded from 

P4R or subject to the World Bank’s own policies; require that 

at the close of the pilot there will be a thorough, independent 

evaluation, with input from civil society and the private sector, 

to provide guidance concerning next steps for the pilot; and 

fully staff the World Bank Group’s Integrity Vice Presidency, 

with agreement from Borrowers on the World Bank’s jurisdiction and authority to investigate allegations of fraud and corruption in any of the World Bank’s lending programs including 

P4R; and 

(8) concerning the World Bank, strengthening the public 

availability of information regarding International Finance 

Corporation (IFC) subprojects when the IFC is funding a financial intermediary, including— 

(A) requiring that higher-risk subprojects comply with 

the relevant Performance Standard requirements; and 

(B) agreeing to periodically disclose on the IFC Web 

site a listing of the name, location, and sector of high-risk 

subprojects supported by IFC investments through private 

equity funds. 

(b) REPORT.—Not later than 180 days after enactment of this 

Act and every 6 months thereafter until September 30, 2013, the 

Secretary of the Treasury shall submit to the Committees on Appropriations a report detailing the extent to which each institution has 

continued to make progress on each policy goal listed in subsection 

(a). 

AUTHORITY FOR REPLENISHMENTS

SEC. 7083. (a) INTERNATIONAL DEVELOPMENT ASSOCIATION.— 

The International Development Association Act, Public Law 86–565, 

as amended (22 U.S.C. 284 et seq.), is further amended by adding 

at the end thereof the following new sections: 

‘‘SEC. 26. SIXTEENTH REPLENISHMENT. 

‘‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United 

States $4,075,500,000 to the sixteenth replenishment of the resources 

of the Association, subject to obtaining the necessary appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $4,075,500,000 for payment by the Secretary of the Treasury. 

‘‘SEC. 27. MULTILATERAL DEBT RELIEF. 

‘‘(a) The Secretary of the Treasury is authorized to contribute, 

on behalf of the United States, not more than $474,000,000 to the 

International Development Association for the purpose of funding 

debt relief cost under the Multilateral Debt Relief Initiative incurred 

in the period governed by the sixteenth replenishment of resources 

of the International Development Association, subject to obtaining 

the necessary appropriations and without prejudice to any funding 


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arrangements in existence on the date of the enactment of this section. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $474,000,000 for payment 

by the Secretary of the Treasury. 

‘‘(c) In this section, the term ‘Multilateral Debt Relief Initiative’ 

means the proposal set out in the G8 Finance Ministers’ 

Communique ́ entitled ‘Conclusions on Development’, done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the 

Gleneagles Summit on July 8, 2005.’’. 

(b) AFRICAN DEVELOPMENT BANK.—The African Development 

Fund Act, Public Law 94–302, as amended (22 U.S.C. 290g et seq.), 

is further amended by adding at the end thereof the following new 

sections: 

‘‘SEC. 221. TWELFTH REPLENISHMENT. 

‘‘(a) The United States Governor of the Fund is authorized to 

contribute on behalf of the United States $585,000,000 to the twelfth 

replenishment of the resources of the Fund, subject to obtaining the 

necessary appropriations. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $585,000,000 for payment by the Secretary of the Treasury. 

‘‘SEC. 222. MULTILATERAL DEBT RELIEF. 

‘‘(a) The Secretary of the Treasury is authorized to contribute, 

on behalf of the United States, not more than $60,000,000 to the African Development Fund for the purpose of funding debt relief costs 

under the Multilateral Debt Relief Initiative incurred in the period 

governed by the twelfth replenishment of resources of the African 

Development Fund, subject to obtaining the necessary appropriations and without prejudice to any funding arrangements in existence on the date of the enactment of this section. 

‘‘(b) In order to pay for the United States contribution provided 

for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, not more than $60,000,000 for payment 

by the Secretary of the Treasury. 

‘‘(c) In this section, the term ‘Multilateral Debt Relief Initiative’ 

means the proposal set out in the G8 Finance Ministers’ 

Communique ́ entitled ‘Conclusions on Development’, done at London, June 11, 2005, and reaffirmed by G8 Heads of State at the 

Gleneagles Summit on July 8, 2005.’’. 

AUTHORITY FOR THE FUND FOR SPECIAL OPERATIONS

SEC. 7084. Up to $36,000,000 of funds appropriated for the account ‘‘Department of the Treasury, Debt Restructuring’’ by the FullYear Continuing Appropriations Act, 2011 (Public Law 112–10, Division B) may be made available for the United States share of an 

increase in the resources of the Fund for Special Operations of the 

Inter-American Development Bank in furtherance of debt relief provided to Haiti in view of the Cancun Declaration of March 21, 2010. 


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UNITED NATIONS POPULATION FUND

SEC. 7085. (a) CONTRIBUTION.—Of the funds made available 

under the heading ‘‘International Organizations and Programs’’ in 

this Act for fiscal year 2012, $35,000,000 shall be made available 

for the United Nations Population Fund (UNFPA). 

(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act 

for UNFPA, that are not made available for UNFPA because of the 

operation of any provision of law, shall be transferred to the ‘‘Global 

Health Programs’’ account and shall be made available for family 

planning, maternal, and reproductive health activities, subject to 

the regular notification procedures of the Committees on Appropriations. 

(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available by this Act may be used by UNFPA for a 

country program in the People’s Republic of China. 

(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made 

available by this Act for UNFPA may not be made available unless— 

(1) UNFPA maintains funds made available by this Act in 

an account separate from other accounts of UNFPA and does 

not commingle such funds with other sums; and 

(2) UNFPA does not fund abortions. 

(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.— 

(1) Not later than 4 months after the date of enactment of 

this Act, the Secretary of State shall submit a report to the 

Committees on Appropriations indicating the amount of funds 

that the UNFPA is budgeting for the year in which the report 

is submitted for a country program in the People’s Republic of 

China. 

(2) If a report under paragraph (1) indicates that the 

UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then 

the amount of such funds the UNFPA plans to spend in the 

People’s Republic of China shall be deducted from the funds 

made available to the UNFPA after March 1 for obligation for 

the remainder of the fiscal year in which the report is submitted. 

LIMITATIONS

SEC. 7086. (a)(1) None of the funds appropriated under the 

heading ‘‘Economic Support Fund’’ in this Act may be made 

available for assistance for the Palestinian Authority if the Palestinians obtain, after the date of enactment of this Act, the 

same standing as member states or full membership as a state 

in the United Nations or any specialized agency thereof outside 

an agreement negotiated between Israel and the Palestinians. 

(2) The Secretary of State may waive the restriction in 

paragraph (1) if the Secretary certifies to the Committees on Appropriations that to do so is in the national security interest of 

the United States, and submits a report to such Committees detailing how the waiver and the continuation of assistance would 

assist in furthering Middle East peace. 


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(b)(1) The President may waive the provisions of section 

1003 of Public Law 100–204 if the President determines and 

certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have not, after the 

date of enactment of this Act, obtained in the United Nations 

or any specialized agency thereof the same standing as member 

states or full membership as a state outside an agreement negotiated between Israel and the Palestinians. 

(2) Not less than 90 days after the President is unable to 

make the certification pursuant to subsection (b)(1), the President may waive section 1003 of Public Law 100–204 if the 

President determines and certifies in writing to the Speaker of 

the House of Representatives, the President pro tempore of the 

Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations 

with Israel: Provided, That any waiver of the provisions of section 1003 of Public Law 100–204 under paragraph (1) of this 

subsection or under previous provisions of law must expire before the waiver under the preceding sentence may be exercised. 

(3) Any waiver pursuant to this subsection shall be effective 

for no more than a period of 6 months at a time and shall not 

apply beyond 12 months after the enactment of this Act. 

USE OF FUNDS IN CONTRAVENTION OF THIS ACT

SEC. 7087. If the Executive Branch makes a determination not 

to comply with any provision of this Act on constitutional grounds, 

the head of the relevant Federal agency shall notify the Committees 

on Appropriations in writing within 5 days of such determination, 

the basis for such determination and any resulting changes to program and policy. 

TITLE VIII 

OVERSEAS CONTINGENCY OPERATIONS/ 

GLOBAL WAR ON TERRORISM 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Diplomatic and Consular Programs’’, $4,389,064,000, to remain available until September 30, 

2013, of which $236,201,000 is for Worldwide Security Protection 

and shall remain available until expended: Provided, That the Secretary of State may transfer up to $230,000,000 of the total funds 

made available under this heading to any other appropriation of 

any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided further, That 


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such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

CONFLICT STABILIZATION OPERATIONS

For an additional amount for ‘‘Conflict Stabilization Operations’’, $8,500,000, to remain available until expended: Provided, 

That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, 

$67,182,000, to remain available until September 30, 2013, of which 

$19,545,000 shall be for the Special Inspector General for Iraq Reconstruction for reconstruction oversight, and $44,387,000 shall be 

for the Special Inspector General for Afghanistan Reconstruction for 

reconstruction oversight: Provided, That such amount is designated 

by the Congress for Overseas Contingency Operations/Global War 

on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For an additional amount for ‘‘Educational and Cultural Exchange Programs’’, as authorized, $15,600,000, to remain available 

until expended: Provided, That such amount is designated by the 

Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For an additional amount for ‘‘Embassy Security, Construction, 

and Maintenance’’, $33,000,000, to remain available until expended: 

Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For an additional amount for ‘‘Contributions to International 

Organizations’’, $101,300,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. 


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RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For an additional amount for ‘‘International Broadcasting Operations’’, $4,400,000: Provided, That such amount is designated by 

the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

RELATED PROGRAMS

UNITED STATES INSTITUTE OF PEACE

For an additional amount for ‘‘United States Institute of 

Peace’’, $8,411,000, to remain available until September 30, 2013: 

Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’, 

$255,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

For an additional amount for ‘‘Office of Inspector General’’, 

$4,500,000, to remain available until September 30, 2013: Provided, 

That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

For an additional amount for ‘‘International Disaster Assistance’’, $150,000,000, to remain available until September 30, 2013: 

Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 


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TRANSITION INITIATIVES

For an additional amount for ‘‘Transition Initiatives’’, 

$6,554,000, to remain available until September 30, 2013: Provided, 

That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

COMPLEX CRISES FUND

For an additional amount for ‘‘Complex Crises Fund’’, 

$30,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

ECONOMIC SUPPORT FUND

For an additional amount for ‘‘Economic Support Fund’’, 

$2,761,462,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

For an additional amount for ‘‘Migration and Refugee Assistance’’, $229,000,000, to remain available until September 30, 2013: 

Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to 

section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

For an additional amount for ‘‘International Affairs Technical 

Assistance’’, $1,552,000, to remain available until September 30, 

2013, which shall be available notwithstanding any other provision 

of law: Provided, That such amount is designated by the Congress 

for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For an additional amount for ‘‘International Narcotics Control 

and Law Enforcement’’, $983,605,000, to remain available until 

September 30, 2013: Provided, That such amount is designated by 


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the Congress for Overseas Contingency Operations/Global War on 

Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 

and Emergency Deficit Control Act of 1985. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For an additional amount for ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, $120,657,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. 

PEACEKEEPING OPERATIONS

For an additional amount for ‘‘Peacekeeping Operations’’, $81,000,000, to remain available until September 30, 2013: Provided, That such amount is designated by the Congress for Overseas 

Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

For an additional amount for ‘‘Foreign Military Financing Program’’, $1,102,000,000, to remain available until September 30, 

2013: Provided, That such amount is designated by the Congress for 

Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter 8 

of part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance Act of 1961 and section 23 of the Arms Export Control Act, 

$850,000,000, to remain available until September 30, 2013, for the 

purpose of providing assistance for Pakistan to build and maintain 

the counterinsurgency capability of Pakistani security forces (including the Frontier Corps), to include program management, training 

in civil-military humanitarian assistance, human rights training, 

and the provision of equipment, supplies, services, training, and facility and infrastructure repair, renovation, and construction: Provided, That notwithstanding any other provision of law except section 620M of the Foreign Assistance Act of 1961, as amended by this 

Act, such funds shall be available to the Secretary of State, with the 

concurrence of the Secretary of Defense: Provided further, That such 

funds may be transferred by the Secretary of State to the Department of Defense or other Federal departments or agencies to support 

counterinsurgency operations and may be merged with, and be 

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

appropriation or fund to which transferred or may be transferred 

pursuant to the authorities contained in the Foreign Assistance Act 


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of 1961: Provided further, That the Secretary of State shall, not 

fewer than 15 days prior to making transfers from this appropriation, notify the Committees on Appropriations, in writing, of the details of any such transfer: Provided further, That the Secretary of 

State shall submit not later than 30 days after the end of each fiscal 

quarter to the Committees on Appropriations a report in writing 

summarizing, on a project-by-project basis, the uses of funds under 

this heading: Provided further, That upon determination by the Secretary of State, with the concurrence of the Secretary of Defense, 

that all or part of the funds so transferred from this appropriation 

are not necessary for the purposes herein, such amounts may be 

transferred by the head of the relevant Federal department or agency back to this appropriation and shall be available for the same 

purposes and for the same time period as originally appropriated: 

Provided further, That any required notification or report may be 

submitted in classified form: Provided further, That the amount in 

this paragraph is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 

251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

GENERAL PROVISIONS 

SEC. 8001. Notwithstanding any other provision of law, funds 

appropriated in this title are in addition to amounts appropriated 

or otherwise made available in this Act for fiscal year 2012. 

SEC. 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts 

in this Act shall be available under the authorities and conditions 

applicable to such appropriations accounts. 

SEC. 8003. Funds appropriated by this title under the headings 

‘‘International Disaster Assistance’’, ‘‘Transition Initiatives’’, ‘‘Complex Crises Fund’’, ‘‘Economic Support Fund’’, ‘‘Migration and Refugee Assistance’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining, and Related Programs’’, ‘‘Peacekeeping Operations’’, ‘‘Foreign Military Financing Program’’, and ‘‘Pakistan Counterinsurgency Capability 

Fund’’, may be transferred to, and merged with, funds appropriated 

by this title under such headings: Provided, That such transfers 

shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the transfer authority in this section is in addition to any transfer authority otherwise available under any other provision of law, including section 

610 of the Foreign Assistance Act which may be exercised by the 

Secretary of State for the purposes of this title. 

SEC. 8004. If authorized during fiscal year 2012, there shall be 

established in the Treasury of the United States the ‘‘Global Security Contingency Fund’’ (the Fund): Provided, That notwithstanding 

any provision of law, during the current fiscal year, not to exceed 

$50,000,000 from funds appropriated under the headings ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign Military Financing Program’’, and ‘‘Pakistan Counterinsurgency Capability Fund’’ under title VIII of this Act may be transferred to the 

Fund: Provided further, That this transfer authority is in addition 

to any other transfer authority available to the Department of State, 

and shall be subject to prior consultation with the Committees on 


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Appropriations: Provided further, That the Secretary of State shall, 

not later than 15 days prior to making any such transfer, notify the 

Committees on Appropriations in accordance with the regular notification procedures of the Committees on Appropriations, including 

the source of funds and a detailed justification, implementation 

plan, and timeline for each proposed project: Provided further, 

That, notwithstanding any provision of law, the requirements of 

this section, including the amount and source of transferred funds, 

shall apply to any transfer or other authority relating to the Fund 

enacted subsequent to the enactment of this Act unless such subsequently enacted provision of law specifically references this section. 

This division may be cited as the ‘‘Department of State, Foreign 

Operations, and Related Programs Appropriations Act, 2012’’. 

And the Senate agree to the same. 

HAROLD ROGERS, C.W. BILL YOUNG, JERRY LEWIS, RODNEY P. FRELINGHUYSEN, ROBERT B. ADERHOLT, JO ANN EMERSON, KAY GRANGER, MICHAEL K. SIMPSON, JOHN ABNEY CULBERSON, ANDER CRENSHAW, DENNY REHBERG, JOHN R. CARTER, NORMAN D. DICKS, PETER J. VISCLOSKY, NITA M. LOWEY, JOSE ́ E. SERRANO, ROSA L. DELAURO, JAMES P. MORAN, 

DAVID E. PRICE, SANFORD D. BISHOP, JR. 

Managers on the part of the House. 

TIM JOHNSON, 

DANIEL K. INOUYE, 

MARY L. LANDRIEU, 

PATTY MURRAY, 

JACK REED, 

BEN NELSON, 

MARK L. PRYOR, 

PATRICK J. LEAHY, 

KAY BAILEY HUTCHISON, 

LISA MURKOWSKI, 

ROY BLUNT, JOHN HOEVEN, THAD COCHRAN. 

Managers on the part of the Senate. 


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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2055) making appropriations 

for military construction, the Department of Veterans Affairs, and 

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

for other purposes, submit the following joint statement to the 

House and Senate in explanation of the effect of the action agreed 

upon by the managers and recommended in the accompanying conference report. 

This conference agreement includes the Department of Defense 

Appropriations Act, 2012; the Energy and Water Development Appropriations Act, 2012; the Financial Services and General Government Appropriations Act, 2012; the Department of Homeland Security Appropriations Act, 2012; the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012; the Departments of Labor, Health and Human Services, and Education, 

and Related Agencies Appropriations Act, 2012; the Legislative 

Branch Appropriations Act, 2012; the Military Construction and 

Veterans Affairs and Related Agencies Appropriations Act, 2012; 

and the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012. 

The conference agreement includes a provision stating that 

each amount designated by Congress as being for Overseas Contingency Operations/Global War on Terrorism is contingent on the 

President so designating all such amounts and transmitting such 

designations to Congress. The provision is consistent with new requirements enacted in the Budget Control Act of 2011 for Overseas 

Contingency Operations/Global War on Terrorism designations by 

the President. 

The conference agreement does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

by clause 9 of rule XXI of the Rules of the House of Representatives. 

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS 

ACT, 2012 

The conference agreement on the Department of Defense Appropriations Act, 2012, incorporates some of the provisions of both 

the House and the Senate versions of the bill. The language and 

allocations set forth in House Report 112–110 and Senate Report 

112–77 shall be complied with unless specifically addressed to the 

contrary in the accompanying bill and explanatory statement. 


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490 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

The conferees agree that for the purposes of the Balanced 

Budget and Emergency Deficit Control Act of 1985 (Public Law 99– 

177) as amended by the Balanced Budget and Emergency Deficit 

Control Reaffirmation Act of 1987 (Public Law 100–119) and by the 

Budget Enforcement Act of 1990 (Public Law 101–508), the terms 

program, project, and activity for appropriations contained in this 

Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2012, the 

related classified annexes and explanatory statements, and the P– 

1 and R–1 budget justification documents as subsequently modified 

by congressional action. The following exception to the above definition shall apply: for the military personnel and the operation and 

maintenance accounts, for which the term ‘‘program, project, and 

activity’’ is defined as the appropriations accounts contained in the 

Department of Defense Appropriations Act. 

At the time the President submits the budget for fiscal year 

2013, the Department of Defense is directed to transmit to the congressional defense committees budget justification documents to be 

known as the ‘‘M–1’’ and ‘‘O–1’’ which shall identify, at the budget 

activity, activity group, and subactivity group level, the amounts 

requested by the President to be appropriated to the Department 

of Defense for military personnel and operation and maintenance 

in any budget request, or amended budget request, for fiscal year 

2013. 

In carrying out any Presidential sequestration, the Department 

of Defense and related agencies shall conform to the definition for 

‘‘program, project, and activity’’ set forth above except that military 

personnel accounts will be exempt from sequestration per the notification made by the Director of the Office of Management and 

Budget on August 10, 2011. 

CLASSIFIED ANNEX

Adjustments to classified programs are addressed in the accompanying classified annex. 

CONGRESSIONAL SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ are congressional special interest items for purposes of the Base for Reprogramming (DD Form 1414). Each of 

these items must be carried on the DD Form 1414 at the stated 

amount, as specifically addressed in these materials. 

REPROGRAMMING GUIDANCE

The Department of Defense is directed to continue to follow the 

reprogramming guidance for acquisition accounts as specified in 

the report accompanying the House version of the fiscal year 2008 

Department of Defense Appropriations bill (H.R. 110–279). For operation and maintenance accounts, the Department of Defense 

shall continue to follow the reprogramming guidelines specified in 

the conference report accompanying H.R. 3222, the Department of 

Defense Appropriations Act, 2008, which are also expressed under 


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491 

title II of this statement. The dollar threshold for reprogramming 

funds shall remain at $15,000,000 for operation and maintenance; 

$20,000,000 for procurement; and $10,000,000 for research, development, test and evaluation. 

Also, the Under Secretary of Defense (Comptroller) is directed 

to continue to provide the congressional defense committees quarterly, spreadsheet-based DD Form 1416 reports for service and defense-wide accounts in titles I, II, III, and IV of this Act. Reports 

for titles III and IV shall comply with guidance specified in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. The Department shall continue to follow the 

limitation that prior approval reprogrammings are set at either the 

specified dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. 

These thresholds are cumulative from the base for reprogramming 

value as modified by any adjustments. Therefore, if the combined 

value of transfers into or out of an operation and maintenance (O– 

1), a procurement (P–1), or a research, development, test and evaluation (R–1) line exceeds the identified threshold, the Department 

of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established elsewhere in this statement. 

FUNDING INCREASES

The funding increases outlined in the tables for each appropriation account shall be provided only for the specific purposes indicated in the tables. 

TITLE I—MILITARY PERSONNEL 

The conference agreement provides $131,090,539,000 in Title I, 

Military Personnel, instead of $132,092,225,000 as proposed by the 

House and $131,000,559,000 as proposed by the Senate. The conference agreement on items addressed by either the House or the 

Senate is as follows: 


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492 


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493 


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494 


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495 

MILITARY PERSONNEL ANTI-DEFICIENCY ACT VIOLATIONS

Since 2001, the Department of Defense has had 11 violations 

of the Anti-Deficiency Act (ADA) in its military personnel accounts. 

The conferees recognize the uncertainty that exists in the military 

personnel accounts due to their entitlement nature and the fact 

that resource requirements are driven by millions of individual and 

organizational personnel decisions. To further complicate management of these accounts, a significant number of obligations are incurred in the fourth quarter of the fiscal year. The conferees recognize the Department’s efforts to improve the management and 

oversight of these accounts, but remain concerned over the Department’s failure to adequately manage the military personnel budgets. 

Therefore, the recommendation includes a new general provision requiring the Inspector General of the Department of Defense 

to conduct a review of military personnel ADA violations and their 

causes. Based on the findings of the review, the Inspector General 

shall submit to the congressional defense committees a report examining the Department’s budgeting and oversight of the military 

personnel accounts, including recommendations for corrective actions to avoid additional ADA violations going forward. This report 

should be submitted to the congressional defense committees not 

later than 180 days after enactment of this Act. 

RESERVE COMPONENT BUDGET STRUCTURE

The conferees direct each of the reserve components to provide 

a semi-annual detailed report to the congressional defense committees showing transfers between subactivities within the military 

personnel appropriation accounts. Reports shall be submitted not 

later than 30 days following the end of the second quarter and 30 

days following the end of the fiscal year. 

EXCESS BAGGAGE FEES FOR SERVICEMEMBERS

The conferees are concerned by recent incidents in which 

servicemembers on military orders deploying to or returning from 

overseas contingency operations on commercial airlines have been 

charged excess baggage fees. In some instances, servicemembers 

were asked to pay out of their own pockets for charges placed on 

checked baggage carrying U.S. military equipment and not personal effects. Servicemembers make great sacrifices to serve their 

country in dangerous wartime conditions. They should not be asked 

to endure personal financial hardships as a result of traveling to 

and from overseas deployments. 

Although the Department of Defense states that it has the authority to pay for excess baggage fees and to reimburse 

servicemembers for any fees they have paid, the conferees firmly 

believe that servicemembers should not be burdened with out-ofpocket expenses at all. The conferees strongly encourage the Department to avoid entering into contract agreements with airlines 

that charge excess baggage fees to servicemembers who are traveling on military orders and are being deployed to or returning 

from overseas contingency operations. In addition, the Secretary of 

Defense is directed to submit a report to the congressional defense 


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496 

committees not later than 90 days after enactment of this Act on 

measures being taken that will prevent servicemembers from having to pay out-of-pocket costs on checked baggage in such instances. 

MILITARY PERSONNEL, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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497 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphics folio 1232 here HR331.004
498 


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499 


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500 

MILITARY PERSONNEL, NAVY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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501 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1236 here HR331.007
502 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1237 here HR331.008
503 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1238 here HR331.009
504 

MILITARY PERSONNEL, MARINE CORPS

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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505 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1240 here HR331.010
506 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1241 here HR331.011
507 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1242 here HR331.012
508 

MILITARY PERSONNEL, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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509 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1244 here HR331.014
510 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1245 here HR331.015
511 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1246 here HR331.016
512 

RESERVE PERSONNEL, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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513 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1248 here HR331.017
514 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1249 here HR331.018
515 

RESERVE PERSONNEL, NAVY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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516 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1251 here HR331.019
517 


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518 

RESERVE PERSONNEL, MARINE CORPS

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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519 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1254 here HR331.021
520 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1255 here HR331.022
521 

RESERVE PERSONNEL, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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522 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1257 here HR331.023
523 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1258 here HR331.024
524 

NATIONAL GUARD PERSONNEL, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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525 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1260 here HR331.025
526 


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527 

NATIONAL GUARD PERSONNEL, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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528 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1263 here HR331.027
529 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1264 here HR331.028
530 

TITLE II—OPERATION AND MAINTENANCE 

The conference agreement provides $163,073,141,000 in Title 

II, Operation and Maintenance, instead of $169,975,411,000 as proposed by the House and $162,549,531,000 as proposed by the Senate. The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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531 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1266 HR331.029
532 

OPERATION AND MAINTENANCE REPROGRAMMINGS

The Secretary of Defense is directed to submit the Base for Reprogramming (DD Form 1414) for each of the fiscal year 2012 appropriation accounts not later than 60 days after enactment of this 

Act. The Secretary of Defense is prohibited from executing any reprogramming or transfer of funds for any purpose other than originally appropriated until the aforementioned report is submitted to 

the House and Senate Appropriations Committees. 

The Secretary of Defense is directed to use the normal prior 

approval reprogramming procedures to transfer funds in the Services’ operation and maintenance accounts between O–1 budget activities in excess of $15,000,000. In addition, the Secretary of Defense should follow prior approval reprogramming procedures for 

transfers in excess of $15,000,000 out of the following budget subactivities: 

Army: 

Maneuver units 

Modular support brigades 

Land forces operations support 

Force readiness operations support 

Land forces depot maintenance 

Base operations support 

Facilities Sustainment, Repair, and Modernization 

Navy: 

Aircraft depot maintenance 

Ship depot maintenance 

Facilities Sustainment, Repair, and Modernization 

Marine Corps: 

Depot maintenance 

Facilities Sustainment, Repair, and Modernization 

Air Force: 

Primary combat forces 

Combat enhancement forces 

Combat communications 

Facilities Sustainment, Repair, and Modernization 

During fiscal year 2012, the Air Force is required to submit 

written notification and justification to the congressional defense 

committees not later than 30 days prior to implementing transfers 

in excess of $15,000,000 out of the following budget subactivities: 

Operating forces depot maintenance 

Mobilization depot maintenance 

Training and recruiting depot maintenance 

Administration and service-wide depot maintenance 

The transfer may be implemented 30 days after congressional 

notification unless an objection is received from a congressional defense committee. 

Finally, the Secretary of Defense should follow prior approval 

reprogramming procedures for transfers in excess of $15,000,000 

into the following budget subactivity: 

Operation and Maintenance, Army National Guard: 

Other personnel support/recruiting and advertising 

With respect to Operation and Maintenance, Defense-Wide, 

proposed transfers of funds to or from the levels specified for deVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00536 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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533 

fense agencies in excess of $15,000,000 shall be subject to prior approval reprogramming procedures. 

OPERATION AND MAINTENANCE FUNDING FOR MILITARY TECHNICIANS

The House recommendation included adjustments to Army and 

Air Force Reserve and National Guard operation and maintenance 

accounts based on discrepancies in the number of military technicians included in the request. The conference agreement does not 

include these adjustments; however, the Department is directed to 

ensure consistency in the number of military technicians included 

in the request between the military personnel appropriations in the 

PB–31R Personnel Summary exhibit and noted on the OP–5 exhibit in the operation and maintenance appropriations in the future. 

STRATEGIC COMMUNICATIONS AND INFORMATION OPERATIONS/ 

MILITARY INFORMATION SUPPORT OPERATIONS

The conference agreement includes $224,975,000 for Department of Defense information operations (IO)/military information 

support operations (MISO) programs, instead of $176,575,000 as 

proposed by the House and $300,570,000 as proposed by the Senate. The budget request includes $120,570,000 in title II and 

$180,000,000 in title IX. The conference agreement includes all 

funds for these activities in title IX of this division as proposed by 

the House. Of the $120,570,000 requested in title II, the conference 

agreement includes program reductions totaling $16,795,000 and 

transfers the remaining $103,775,000 to title IX. The allocation of 

funding by combatant command and funding levels for certain programs is specifically delineated in the classified annex accompanying this Act. The conferees direct that these delineations shall 

be considered congressional special interest items and be subject to 

normal reprogramming procedures. 

The conferees agree that combatant commanders need the ability to effectively communicate in their respective areas of responsibility and provide adequate resources to support such military objectives. The conferees appreciate the progress made by the Office 

of the Secretary of Defense over the past three years to define and 

consolidate strategic communications (SC) and IO into a more accountable and transparent structure within the Department and 

improve interagency coordination. Even with this progress, concerns remain that some activities being funded under IO/MISO and 

SC are duplicative of, or operate at cross purposes with, other federal agencies’ efforts. As the Secretary of Defense Memorandum 

dated January 25, 2011 indicates, further refinements are necessary to identify IO-related costs and develop standardized budgeting methodologies for SC and IO-related capabilities and activities, as well as MISO costs. In an era of declining budgets, Department of Defense funding for these activities must be fully captured 

and carefully reviewed to ensure that each request meets a primary military requirement. 

The conference agreement does not provide funds within the 

fiscal year 2012 base budget for these activities, but instead continues funding them within title IX of this division. The conferees 

will consider transitioning the funding for SC and IO/MISO proVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00537 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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534 

grams to the base budget in fiscal year 2013 after a review of the 

comprehensive budget requests for SC, IO/MISO, and IO-related 

capabilities and activities. 

The conferees reiterate the direction included in the House report requiring the Secretary of Defense to develop a format for improving the budget submission for these programs in fiscal year 

2013. The submission shall include, at a minimum, a delineation 

of all programs and activities, and the funding associated with 

each, for all SC and IO/MISO programs within the Department of 

Defense. The conferees further direct the Secretary of Defense to 

follow the direction in the House report regarding execution reports 

for funds provided for these programs. 

ENERGY INDEPENDENCE AND SECURITY ACT

The conference agreement does not include a provision (House 

Section 10011) on the Energy Independence and Security Act of 

2007. The conferees note that the enforcement of section 526 of the 

Energy Independence and Security Act of 2007 may lead to higher 

fuel costs for federal fleets in the absence of competitively priced 

new generation fuels that emit fewer emissions. In carrying out 

this statute, the Secretary of Defense and the Service Secretaries 

should work to ensure that costs associated with fuel purchases 

necessary to carry out the missions of their respective departments 

and agencies should be minimized to the extent possible under the 

law. 

OPERATION AND MAINTENANCE, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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535 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1274 HR331.030
536 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1275 HR331.031
537 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1276 HR331.032
538 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1277 HR331.033
539 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1278 HR331.034
540 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1279 HR331.035
541 

OPERATION AND MAINTENANCE, NAVY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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542 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1281 HR331.036
543 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1282 HR331.037
544 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1283 HR331.038
545 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1284 HR331.039
546 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1285 HR331.040
547 

OVERHEAD COSTS AT NAVAL SHIPYARDS

One of the major themes of the Department of Defense’s fiscal 

year 2012 budget submission has been the generation of efficiency 

savings through reduced overhead and improved business practices. However, the Navy’s own budget materials indicate a plan to 

spend over $1,700,000,000 for overhead costs at Naval shipyards in 

fiscal year 2012, an amount equal to 33 percent of Naval shipyard 

funding. The conferees believe there are opportunities to find Naval 

shipyard efficiency savings and direct the Secretary of the Navy to 

carefully assess shipyard overhead costs with a goal of identifying 

and eliminating all unnecessary overhead expenditures. The conferees recommend that funding garnered from overhead savings be 

reapplied to ship depot and intermediate maintenance in order to 

improve the readiness of the fleet. 

OPERATION AND MAINTENANCE, MARINE CORPS

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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548 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1288 HR331.041
549 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1289 HR331.042
550 

PERSONAL PROTECTIVE EYEWEAR

The conferees do not agree to the reporting requirements carried in the Senate report accompanying the Department of Defense 

Appropriations Act, 2012 regarding the Marine Corps’ personal protective eyewear. However, the conferees remain committed to ensuring that the Marine Corps’ acquisition program and its performance meet the standards and procedures required for these important protective devices. 

OPERATION AND MAINTENANCE, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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551 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1292 HR331.043
552 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1293 HR331.044
553 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1294 HR331.045
554 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1295 HR331.046
555 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1296 HR331.047
556 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1297 HR331.048
557 

VISIBILITY OF DEPOT MAINTENANCE FUNDING

All depot maintenance funding contained in the Air Force’s fiscal year 2012 budget request has been identified, consolidated, and 

displayed in the Depot Maintenance Subactivity Group. In fiscal 

year 2013, all depot maintenance funds requested in the budget 

must be discretely visible and fully justified. Air Force officials 

have provided assurances that contracts will be modified as necessary to include specific accounting of depot maintenance costs 

and that implementation of the Air Force’s Next Generation Contractor Logistics Support concept will provide needed data in the 

required format to achieve full cost visibility and proper accounting 

of depot maintenance funding in the future. 

OPERATION AND MAINTENANCE, DEFENSE-WIDE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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558 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1300 here HR331.049
559 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1301 here HR331.050
560 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1302 here HR331.051
561 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1303 here HR331.052
562 

OPERATION AND MAINTENANCE, ARMY RESERVE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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563 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1305 here HR331.053
564 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1306 here HR331.054
565 

OPERATION AND MAINTENANCE, NAVY RESERVE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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566 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1308 here HR331.055
567 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1309 here HR331.056
568 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1310 here HR331.057
569 

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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570 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1312 here HR331.058
571 

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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572 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1314 HR331.059
573 

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
574 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1316 HR331.060
575 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1317 HR331.061
576 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1318 HR331.062
577 

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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578 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1320 HR331.063
579 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1321 HR331.064
580 

UNITED STATES COURT OF APPEALS FOR THE ARMED SERVICES

The conference agreement provides $13,861,000 for the United 

States Court of Appeals for the Armed Services, as proposed by 

both the House and the Senate. 

ENVIRONMENTAL RESTORATION

The conference agreement provides $1,517,363,000 for the Environmental Restoration program, as proposed by the Senate, instead of $1,467,363,000 as proposed by the House. 

CONTRACT OVERSIGHT AND TRANSPARENCY

The conferees are pleased that the adoption of performancebased contracting has led to increased efficiencies within the Department of Defense Environmental Restoration program. However, improved oversight and management would bring even greater benefits. The conferees direct the Secretary of Defense to implement measures to improve management of the program and to institute a process by which better oversight can be conducted of the 

contracting process and progress of cleanup. 

Additionally, included as part of the Defense Environmental 

Program’s Annual Report to Congress, the Secretary of Defense is 

directed to provide the following information: the amount of environmental restoration funding provided to each installation during 

the previous year as well as the subsequent reduction in the projected cost-to-complete at that installation, a listing along with explanation of those installations where the cost-to-complete is not 

reduced by the corresponding amount of monetary investment, a 

detailed justification regarding any increase of ten percent or more 

in the projected cost-to-complete from the previous year at an installation, and a detailed justification for any installation in which 

the projected ‘‘response complete’’ date has been delayed by a year 

or more from the previous year. 

ENVIRONMENTAL RESTORATION, ARMY

The conference agreement provides $346,031,000 for Environmental Restoration, Army, as proposed by both the House and the 

Senate. 

ENVIRONMENTAL RESTORATION, NAVY

The conference agreement provides $308,668,000 for Environmental Restoration, Navy, as proposed by both the House and the 

Senate. 

ENVIRONMENTAL RESTORATION, AIR FORCE

The conference agreement provides $525,453,000 for Environmental Restoration, Air Force, as proposed by both the House and 

the Senate. 


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581 

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

The conference agreement provides $10,716,000 for Environmental Restoration, Defense-Wide, as proposed by both the House 

and the Senate. 

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

The conference agreement provides $326,495,000 for Environmental Restoration, Formerly Used Defense Sites, as proposed by 

the Senate, instead of $276,495,000 as proposed by the House. 

NATIONAL CAPITAL REGION ENVIRONMENTAL HEALTH STUDY

The conferees encourage the Secretary of Defense to support 

both new and ongoing public health scoping studies of densely populated residential communities located on or near formerly used defense sites that have conducted research and tested chemical 

agents, equipment, and munitions. 

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

The conference agreement provides $107,662,000 for Overseas 

Humanitarian, Disaster, and Civic Aid, as proposed by both the 

House and the Senate. 

COOPERATIVE THREAT REDUCTION ACCOUNT

The conference agreement provides $508,219,000 for the Cooperative Threat Reduction Account, as proposed by both the House 

and the Senate. 

DEPARTMENT OF DEFENSE ACQUISITION WORKFORCE DEVELOPMENT

FUND

The conference agreement provides $105,501,000 for the Department of Defense Acquisition Workforce Development Fund 

(DAWDF), as proposed by the House, instead of $175,501,000 as 

proposed by the Senate, a reduction of $200,000,000 below the request. 

Along with the funding reduction due to carryover from large 

unobligated balances for the past several years, the conferees believe the Department should reassess further growth of its acquisition workforce in light of two considerations. First, the goal of 

147,000 personnel set forth in the 2010 Human Capital Plan Update should be revisited considering today’s uncertain fiscal environment and budgetary outlook. For example, 10 USC 1705 mandates annual funding floors for the DAWDF—floors that exceed 

$1,000,000,000 in the outyears. The conferees believe that these 

floors may need to be adjusted and direct the Secretary of Defense 

to provide recommendations for appropriate funding levels to the 

congressional defense committees not later than 180 days after enactment of this Act. Second, the conferees are aware that the Department has not yet completed competency assessments for all of 

the functional areas that compose this workforce, which suggests 

the ability to assess the full range of required competencies within 

the workforce may be limited. Having these assessments completed 


jbell on DSK7SPTVN1PROD with REPORTS
582 

is essential to understanding how best to prioritize future hiring 

and to optimize workforce training. The conferees direct the Secretary of Defense to publish a revised strategic Human Capital 

Plan Update for the defense acquisition workforce not later than 

August 1, 2012, detailing future workforce needs. In so doing, the 

conferees expect the Secretary to ensure that competency assessments for all functional areas that make up the defense acquisition 

workforce are completed, using DAWDF resources to facilitate this 

task if necessary. 

To assist in the Human Capital Plan Update, the conferees direct the Comptroller General to report on the funding mechanisms 

and statutory limits established for the DAWDF through Section 

852 of the National Defense Authorization Act, 2008 and codified 

by 10 USC 1705 to the congressional defense committees not later 

than 180 days after enactment of this Act. The current statute 

should be revisited in the near term. Absent this, the Department 

will be forced either to over-commit precious resources or violate 

the law, neither of which is an acceptable option. Therefore, the 

Comptroller General report should include recommendations to improve the overall funding process for the DAWDF. 

TITLE III—PROCUREMENT 

The conference agreement provides $104,579,701,000 in Title 

III, Procurement, instead of $107,581,474,000 as proposed by the 

House and $102,118,282,000 as proposed by the Senate. The conference agreement on items addressed by either the House or the 

Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
583 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1328 here HR331.065
584 

SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ in this report are congressional special interest 

items for the purpose of the Base for Reprogramming (DD Form 

1414). Each of these items must be carried on the DD Form 1414 

at the stated amount specifically addressed in the explanatory 

statement. 

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The conferees direct the Department of Defense to continue to 

follow the reprogramming guidance specified in the report accompanying the House version of the fiscal year 2006 Department of 

Defense Appropriations bill (H.R. 109–119). Specifically, the dollar 

threshold for reprogramming funds will remain at $20,000,000 for 

procurement and $10,000,000 for research, development, test and 

evaluation. The Department shall continue to follow the limitation 

that prior approval reprogrammings are set at either the specified 

dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These 

thresholds are cumulative. Therefore, if the combined value of 

transfers into or out of a procurement (P–1) or research, development, test and evaluation (R–1) line exceeds the identified threshold, the Department of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, 

guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established 

elsewhere in this statement. 

REPROGRAMMING REPORTING REQUIREMENTS

The conferees direct the Under Secretary of Defense (Comptroller) to continue to provide the congressional defense committees 

quarterly, spreadsheet-based DD Form 1416 reports for Service 

and defense-wide accounts in titles III and IV of this Act as required in the explanatory statement accompanying the Department 

of Defense Appropriations Act, 2006. 

JOINT STRIKE FIGHTER

The conference agreement reduces the budget request by 

$151,000,000 for the procurement of one F–35A Conventional Takeoff and Landing aircraft, by $94,500,000 for advance procurement 

of Conventional Take-off and Landing aircraft, and by $109,000,000 

for advance procurement of Carrier Variant aircraft. Additionally, 

the conferees are concerned with the cost of concurrency changes 

on the Joint Strike Fighter program and provide $100,000,000 to 

help offset the cost of concurrency for lot six aircraft and previously 

procured aircraft. The conferees encourage the Joint Strike Fighter 

Team to review processes and oversight of concurrency changes 

and establish a process that will reduce the time it takes to discover a problem, develop a solution, and implement this solution to 

reduce future concurrency change costs. 

The conferees recognize that, for a variety of reasons, the Joint 

Strike Fighter program is burdened with what could be the highest 


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585 

level of concurrency ever seen in an acquisition program. Therefore, 

the conferees direct the Secretary of Defense to provide a semi-annual report to the congressional defense committees that shows the 

actual concurrency costs for the Joint Strike Fighter program. The 

report showing these actual concurrency costs shall be made available to the Director, Cost Assessment and Program Evaluation for 

the purposes of cost estimating and to develop lessons learned from 

allowing programmatic concurrency, so this cost can be considered 

when decisions are made regarding allowing such a high degree of 

concurrency in future programs. 

AIRCRAFT PROCUREMENT, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
586 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1333 here HR331.066
587 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1334 here HR331.067
588 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1335 here HR331.068
589 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1336 here HR331.069
590 

MISSILE PROCUREMENT, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
591 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1338 here HR331.070
592 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1339 here HR331.071
593 

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
594 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1341 here HR331.072
595 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1342 here HR331.073
596 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1343 here HR331.074
597 

M1 TANK

The conferees are aware that the Army has been reviewing alternative courses of action for future tank production. Options have 

been studied ranging from a temporary shutdown and storage of facilities to adding funds to the tank program in order to maintain 

a steady flow of new tanks and a ready capacity in case of urgent 

need. Both the House and the Senate added funds for the Abrams 

Upgrade Program in fiscal year 2012. The House proposed a funding increase of $272,000,000 and the Senate proposed a funding increase of $240,000,000. The conference agreement provides an additional amount of $255,000,000 above the President’s request to continue upgrading M1 tanks to the M1A2SEP variant. The additional 

funding supports production of 42 additional M1A2SEP tanks. The 

conferees direct the Secretary of the Army to provide a report not 

later than 60 days after enactment of this Act on the plan for the 

use of the additional funds, including the plan to sustain tank production. 

PROCUREMENT OF AMMUNITION, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
598 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1346 here HR331.075
599 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1347 here HR331.076
600 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1348 here HR331.077
601 

OTHER PROCUREMENT, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
602 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1350 here HR331.078
603 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1351 here HR331.079
604 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1352 here HR331.080
605 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1353 here HR331.081
606 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1354 here HR331.082
607 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1355 here HR331.083
608 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1356 here HR331.084
609 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1357 here HR331.085
610 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1358 here HR331.086
611 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1359 here HR331.087
612 

AIRCRAFT PROCUREMENT, NAVY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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613 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1361 here HR331.088
614 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1362 here HR331.089
615 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1363 here HR331.090
616 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1364 here HR331.091
617 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1365 here HR331.092
618 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1366 here HR331.093
619 

MQ–8 UNMANNED AERIAL VEHICLE

The conference agreement provides $191,986,000 for the procurement of 12 MQ–8 unmanned aerial vehicles and associated 

support equipment. Although the budget justification materials 

provided by the Navy were unclear about the MQ–8 model to be 

procured, the conferees understand that the Navy will actually procure the longer range MQ–8C variant. The conferees fully support 

this decision as the longer range will provide greater operational 

flexibility for the various missions the aircraft is expected to conduct. 

WEAPONS PROCUREMENT, NAVY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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620 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1369 here HR331.094
621 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1370 here HR331.095
622 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1371 here HR331.096
623 

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
624 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1373 here HR331.097
625 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1374 here HR331.098
626 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1375 here HR331.099
627 

SHIPBUILDING AND CONVERSION, NAVY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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628 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1377 here HR331.100
629 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1378 here HR331.101
630 

OTHER PROCUREMENT, NAVY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
631 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1380 here HR331.102
632 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1381 here HR331.103
633 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1382 here HR331.104
634 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1383 here HR331.105
635 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1384 here HR331.106
636 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1385 here HR331.107
637 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1386 here HR331.108
638 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1387 here HR331.109
639 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1388 here HR331.110
640 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1389 here HR331.111
641 

PROCUREMENT, MARINE CORPS

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
642 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1391 here HR331.112
643 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1392 here HR331.113
644 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1393 here HR331.114
645 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1394 here HR331.115
646 

AIRCRAFT PROCUREMENT, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
647 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1396 here HR331.116
648 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1397 here HR331.117
649 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1398 here HR331.118
650 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1399 here HR331.119
651 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1400 here HR331.120
652 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1401 here HR331.121
653 

RETIREMENT OF B–1 AIRCRAFT

The fiscal year 2012 budget request includes a proposal to retire six B–1 bomber aircraft. The conferees understand that the B– 

1 fleet continues to operate almost constantly over Afghanistan in 

support of troops on the ground and that the B–1 is a critical component of the Nation’s long-range strike capabilities. The Air Force 

proposed to reinvest less than 40 percent of the savings from aircraft retirements in the B–1 modernization program across the Future Years Defense Program. The conferees are concerned that premature retirement of six B–1 aircraft could negatively impact longrange strike capabilities. Therefore, the conferees direct the Secretary of the Air Force to reinvest a larger portion of savings realized from B–1 aircraft retirements, to the extent authorized by law, 

in the sustainment and modernization of the B–1 fleet. 

MISSILE PROCUREMENT, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
654 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1404 here HR331.122
655 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1405 here HR331.123
656 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1406 here HR331.124
657 

SPACE ACQUISITION AND THE EVOLUTIONARY ACQUISITION FOR SPACE

EFFICIENCY ACTIVITIES

The conferees continue to support block buys of satellites that 

are evolved from previous designs as described in the ‘‘Evolutionary 

Acquisition for Space Efficiency (EASE)’’ concept. However, the conferees remain concerned that the details associated with the technology insertion program are missing in the budget justification 

material. Therefore, the conferees direct that of the funds appropriated for the Advanced Extremely High Frequency (AEHF) system Capabilities/Affordability Insertion Program (CAIP), no more 

than 50 percent shall be available for obligation until the Secretary 

of the Air Force submits a report to the congressional defense committees on the individual CAIP efforts with a description of the 

technology insertion plans being pursued. Further, the conferees direct the Secretary of the Air Force to include the detailed budget 

definition for each of the CAIP efforts in the R–3 documents for the 

fiscal year 2013 and future budget submissions. The conferees also 

direct that not more than the specified amounts shall be obligated 

for the AEHF CAIP/Space Modernization Initiative unless the Secretary of the Air Force notifies the congressional defense committees in writing 15 days prior to the obligation of funds which exceeds the following amounts: $28,300,000 for cryptology parts obsolescence; $20,000,000 for radiation hardened parts technologies; 

$3,200,000 for remotely piloted aircraft concept definition; 

$58,700,000 for protected military satellite communications 

(MILSATCOM) designs for affordability; $7,000,000 for hosted payloads; and $25,000,000 for MILSATCOM architecture and support. 

In addition, the conferees reiterate their opposition to using 

advance appropriations for procurement of satellites and recommend that an alternative concept be proposed in future budget 

submissions. 

Finally, the conferees are disappointed that it took the Department of Defense over two years to develop a 15–year space strategic plan. It is the intention of the conferees that such plans be 

regularly developed and updated; therefore, the conferees direct 

that the next 15–year space strategic plan be delivered with the fiscal year 2014 budget submission. 

PROCUREMENT OF AMMUNITION, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
658 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1410 here HR331.125
659 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1411 here HR331.126
660 

OTHER PROCUREMENT, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
661 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1413 here HR331.127
662 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1414 here HR331.128
663 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1415 here HR331.129
664 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1416 here HR331.130
665 

PROCUREMENT, DEFENSE-WIDE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
666 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1418 here HR331.131
667 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1419 here HR331.132
668 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1420 here HR331.133
669 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1421 here HR331.134
670 

SM–3 BLOCK IB MISSILE

The fiscal year 2012 budget request includes $565,393,000 for 

the procurement of SM–3 Block IB missiles in support of Aegis Ballistic Missile Defense. The conferees have been informed by the 

Missile Defense Agency (MDA) that following a recent flight test 

failure, those funds are partially ahead of need. The conferees have 

also been informed that funding is required for a failure review of 

the SM–3 Block IB, sustainment of the industrial base, and the 

procurement of SM–3 Block IA missiles before SM–3 Block IB missiles will be procured. The conferees understand that the details of 

the specific funding requirements are currently being analyzed by 

MDA and direct MDA to submit a prior approval reprogramming 

request prior to executing funds from this line. 

SPECIAL OPERATIONS COMMAND AVIATION FOREIGN INTERNAL

DEFENSE

The conferees are aware of ongoing reviews of the proposed expansion of the Aviation Foreign Internal Defense (AvFID) mission 

in the Special Operations Command. While these reviews are not 

yet complete, the conferees believe that the rapid expansion of this 

mission, as proposed in the fiscal year 2012 budget request, must 

be tempered. The agreement contains reductions of $45,000,000 

from procurement of AvFID fixed-wing aircraft, $10,000,000 from 

procurement of an AvFID rotary-wing aircraft simulator, and 

$17,607,000 from operation and maintenance for aircraft that will 

not deliver until fiscal year 2013. The agreement fully funds the 

procurement of two AvFID rotary-wing aircraft and associated support equipment. 

The conferees direct that no funds provided for fixed-wing 

Aviation Foreign Internal Defense aircraft may be obligated until 

30 days after submission of a report by the Commander, Special 

Operations Command to the congressional defense committees describing how the funds will be used to support the AvFID or the 

non-standard aviation (NSAV) missions, a summary of AvFID and 

NSAV funding contained in the fiscal year 2013 budget request and 

the Future Years Defense Program, and an analysis of alternatives 

used to justify the described program. The report shall be submitted not later than February 15, 2012. 

DEFENSE PRODUCTION ACT PURCHASES

The conference agreement on items addressed by either the 

House or the Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

P–1 Budget 

request Conference 

DEFENSE PRODUCTION ACT: 

GALLIUM NITRIDE RADAR AND ELECTRONIC WARFARE MONOLITHIC MICROWAVE INTEGRATED 

CIRCUITS ................................................................................................................................. 8,373 8,373 

GALLIUM NITRIDE ADVANCED ELECTRONIC WARFARE MONOLITHIC MICROWAVE INTEGRATED 

CIRCUITS ................................................................................................................................. 2,321 2,321 

LITHIUM ION (LI ION) BATTERY PRODUCTION FOR SPACE .......................................................... 770 770 

CADMIUM ZINC TELLURIDE SUBSTRATE PRODUCTION ................................................................ 1,900 1,900 


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671 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued 

[In thousands of dollars] 

P–1 Budget 

request Conference 

READ OUT INTEGRATED CIRCUIT FOUNDRY IMPROVEMENT AND SUSTAINABILITY ..................... 1,200 1,200 

SPACE QUALIFIED SOLAR CELL SUPPLY CHAIN .......................................................................... 600 600 

TRAVELING WAVE TUBE AMPLIFIERS ........................................................................................... 1,310 1,310 

COMPLEMENTARY METAL OXIDE SEMICONDUCTOR FOCAL PLAN ARRAYS FOR VISIBLE SENSORS FOR STAR TRACKERS .................................................................................................... 1,800 1,800 

ADVANCED PROJECTS .................................................................................................................. 1,690 1,690 

PROGRAM INCREASE ................................................................................................................... .................... 150,000 

TOTAL, DEFENSE PRODUCTION ACT ........................................................................................ 19,964 169,964 

LONG TERM CONTRACTS

The conferees believe that the time and money being invested 

by the Department of Defense in biofuels and alternative energy 

will reap dividends not only for the Nation’s armed forces, but 

eventually for the Nation itself. The conferees want the Department to be in the best position possible to take advantage of the 

expected breakthroughs in this area and encourage the Department to eventually pursue extended multi-year contracts, pursuant 

to the Financial Management Regulation, for biofuels products in 

order to maximize efficiencies of scale for the best purchase price. 

ADDITIONAL FUNDING

The conferees recognize the critical role the Defense Production 

Act program serves in strengthening the Nation’s industrial base. 

Therefore, the conferees provide $150,000,000 over the budget request to supplement this important program. As stated in the Senate report, the conferees direct the Under Secretary of Defense (Acquisition, Technology and Logistics) to award this funding to multiple projects using full and open competition and to notify the congressional defense committees not later than 30 days in advance of 

this funding being obligated. 

TITLE IV—RESEARCH, DEVELOPMENT, TEST AND 

EVALUATION 

The conference agreement provides $72,420,675,000 in Title 

IV, Research, Development, Test and Evaluation, instead of 

$72,983,469,000 as proposed by the House and $71,033,956,000 as 

proposed by the Senate. The conference agreement on items addressed by either the House or the Senate is as follows: 


jbell on DSK7SPTVN1PROD with REPORTS
672 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1427 here HR331.135
673 

SPECIAL INTEREST ITEMS

Items for which additional funds have been provided as shown 

in the project level tables or in paragraphs using the phrase ‘‘only 

for’’ or ‘‘only to’’ in this report are congressional special interest 

items for the purpose of the Base for Reprogramming (DD Form 

1414). Each of these items must be carried on the DD Form 1414 

at the stated amount specifically addressed in the explanatory 

statement. 

REPROGRAMMING GUIDANCE FOR ACQUISITION ACCOUNTS

The conferees direct the Department of Defense to continue to 

follow the reprogramming guidance specified in the report accompanying the House version of the fiscal year 2006 Department of 

Defense Appropriations bill (H.R. 109–119). Specifically, the dollar 

threshold for reprogramming funds will remain at $20,000,000 for 

procurement and $10,000,000 for research, development, test and 

evaluation. The Department shall continue to follow the limitation 

that prior approval reprogrammings are set at either the specified 

dollar threshold or 20 percent of the procurement or research, development, test and evaluation line, whichever is less. These 

thresholds are cumulative. Therefore, if the combined value of 

transfers into or out of a procurement (P–1) or research, development, test and evaluation (R–1) line exceeds the identified threshold, the Department of Defense must submit a prior approval reprogramming to the congressional defense committees. In addition, 

guidelines on the application of prior approval reprogramming procedures for congressional special interest items are established 

elsewhere in this statement. 

REPROGRAMMING REPORTING REQUIREMENTS

The conferees direct the Under Secretary of Defense (Comptroller) to continue to provide the congressional defense committees 

quarterly, spreadsheet-based DD Form 1416 reports for service and 

defense-wide accounts in titles III and IV of this Act as required 

in the explanatory statement accompanying the Department of Defense Appropriations Act, 2006. 

DEPARTMENT OF DEFENSE AND SERVICE CYBER ACTIVITIES

The conferees acknowledge the threat to and from the cyber 

realm has been well documented; however, the resources being expended against the threat have not. In order to better evaluate the 

planning and resourcing for Department of Defense cyber activities, 

the conferees direct the Commander, United States Cyber Command, in coordination with the Secretary of Defense and each of 

the Service Secretaries, to provide the congressional defense committees separate budget justification material, in the form of the 

budget documents as defined in the Department’s own Financial 

Management Regulation, that details the year-to-year budgets, 

schedule, and milestone goals over the Future Years Defense Program for the individual programs that support the goals of the 

cyber initiative. The programs detailed must include cyberspace operations, computer network operations, information assurance, and 


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full spectrum cyber operations for the Department of Defense and 

the Services. 

The conferees suggest that the Department continue to refine 

what activities, budget lines, and programs should be considered 

cyber in order to better coordinate and track these budgets. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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675 


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676 


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677 


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678 


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679 


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680 


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681 


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682 


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683 


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684 


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685 


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686 

ARMY MODERNIZATION AND ACQUISITION

The conferees agree with the Army’s steps to improve acquisition processes through implementation of the Decker-Wagner Army 

Acquisition Review findings as well as introducing other metrics 

and monthly reports to enable and strengthen senior civilian oversight across all Army modernization portfolios. The conferees believe continued acquisition improvement is only achievable with a 

strong, stable acquisition workforce and therefore urge the Secretary of the Army and the Secretary of Defense to guard against 

misguided efforts that shrink the acquisition workforce as was done 

in the 1990s with disastrous results. The conferees also believe 

that even with improvements in acquisition processes and a stable 

workforce, these steps alone will not ensure that the Army will 

achieve its modernization objectives. 

After both the House and Senate Appropriations Committees 

completed their reviews of the fiscal year 2012 budget request, the 

Army provided additional information for its top-ten priority programs. Of these top-ten programs, six programs had undergone significant acquisition strategy modifications causing schedule and 

programmatic perturbations. As a result of these changes, the 

Army identified over $1,000,000,000 from its original fiscal year 

2012 budget request as excess to its funding requirements in fiscal 

year 2012. Additionally, the Army notified the congressional defense committees of over $309,000,000 in excess funds from its 

budget request due to program terminations and requested transfers of over $282,000,000 among ten different programs. This magnitude of change in funding across a multitude of programs, identified after submitting the budget only ten months prior, indicates a 

pervasive instability in Army programs. 

While the conferees recognize that ten years of continuous war 

can force out-of-cycle changes, the Army’s acquisition challenges 

precede the post-September 11, 2001 war efforts. Since 1995, the 

Army has spent $32,000,000,000 on development of 22 programs 

that were eventually cancelled. The conferees believe this history 

of programmatic instability indicates a lack of focus and discipline 

in the requirements generation process that must be corrected before the Army will see any improvement in its ability to successfully modernize. Improvement must begin with clearly documented, 

stable, and affordable requirements. The conferees are aware that 

Army acquisition has taken on the responsibility of vetting each requirement for technical maturity and affordability prior to initiating a contract action, but the conferees are concerned that this 

is a short-term correction to a larger institutional problem with the 

requirements generation process. 

Furthermore, while the conferees congratulate the Army on the 

success of the newly implemented Network Integration Evaluations, which ensure new equipment is interoperable, effective, and 

adds benefit to deployed troops, the process has revealed that a 

handful of programs would not be effective if deployed. The evaluations are causing the Army to reevaluate, restructure, and even 

terminate several programs that began years ago with established 

requirements. Thus, the conferees question the long-standing requirements process that serves as the foundation for Army modVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00690 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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687 

ernization. Therefore, in addition to implementing changes identified in the Decker-Wagner Army Acquisition Review, the Secretary 

of the Army is encouraged to undertake a similar examination of 

the requirements generation process. 

FUTURE COMBAT SYSTEMS’ SYSTEM OF SYSTEMS ENGINEERING AND

PROGRAM MANAGEMENT AND NETWORK INTEGRATION EVALUATION

The conference agreement provides $298,872,000 for the Future Combat Systems’ System of Systems Engineering and Program Management, instead of $311,872,000 as proposed by the 

House and $283,872,000 as proposed by the Senate. The conferees 

note that this line now funds the Army’s bi-annual Network Integration Evaluations (NIE). The conferees support the NIE and direct the Army to regularly update the congressional defense committees on the cost, schedule, scope, and methods for the tests and 

other associated reviews to be accomplished in the NIE, as well as 

outcomes and findings. Additionally, the conferees are aware of the 

savings the Army has achieved in Future Combat Systems termination costs and the lower costs projected for the fiscal year 2012 

NIE. The conferees note that the continued use of the former ‘‘Future Combat Systems’’ terminology has become a counter-productive distraction and recommend updating program descriptions to 

improve communications among those who review and shape defense appropriations and to more accurately reflect the purpose for 

which appropriations are requested. The conferees believe that 

funding requirements for the NIE should be presented distinctly 

and separately in future budget submissions. 

ACTIVE AND SEMI-ACTIVE VEHICLE SUSPENSION COMPONENTS

The conferees are aware that the Army has begun the testing 

and development of active and semi-active vehicle suspension components with regenerative capabilities. The conferees understand 

that this technology may improve vehicle fuel efficiency and reduce 

maintenance. Accordingly, the conferees encourage the Army to 

continue the testing and development of this technology and to 

fully explore the potential benefits for application across vehicle 

programs. 

SUPPORT FOR BASE REALIGNMENT AND CLOSURE 2005 ACTIONS

The conferees support actions taken by the Army and the Defense Logistics Agency to fully fund the integration of their information technology systems in a timely manner to support the 2005 

Base Realignment and Closure (BRAC) Commission’s mandate to 

transfer re-procurement of depot level repairables. The conferees 

are aware that although the BRAC Commission determined the 

transfer has the potential to save millions of dollars, the Government Accountability Office has recently concluded that the savings 

are jeopardized by inadequate up-front funding for BRAC implementation. The conferees note that the Army’s Tank and Automotive Research, Development, and Engineering Command 

(TARDEC) manages the repository of all ground vehicle technical 

data for the Army, and has built infrastructure for use by all Army 

programs to store weapons system technical information, drawings, 


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688 

and specifications. The conferees urge that the TARDEC use funds 

available for this effort to assist in meeting the 2005 BRAC recommendation for depot-level repairable transfer. 

ARMORED MULTI-PURPOSE VEHICLE

The conferees recommend $14,300,000 for the Armored Multipurpose Vehicle instead of $31,400,000 as proposed by the House 

and no funding as proposed by the Senate. The conferees note that 

the requirement to find a replacement for the M113 series of vehicles has received scant attention for too long. The conferees believe 

that prompt and decisive action is needed to select and advance a 

near-term solution rather than continuing a long-term search for 

the perfect solution. The conferees note that the recommendation 

fully funds the Analysis of Alternatives, as requested by the Army. 

Subsequently, after notification to the congressional defense committees, available funds may be applied to expedite the acquisition 

effort. 

GROUND COMBAT VEHICLE

The conferees recommend $449,387,000 for the Ground Combat 

Vehicle, instead of $768,053,000 as proposed by the House and 

$240,387,000 as proposed by the Senate. The conferees have been 

informed of a change to the acquisition strategy and note that the 

recommendation fully funds this revised strategy. 

ARMED SCOUT HELICOPTER

The conferees recommend no funding for technology development of the Armed Scout Helicopter (ASH), instead of $63,690,000 

as proposed by the House and $4,761,000 as proposed by the Senate, because contrary to plans submitted with the fiscal year 2012 

budget submission, the Army does not plan to award a technology 

development contract in fiscal year 2012. The conferees recommend 

$15,000,000 for a flight demonstration of ASH capabilities, as requested by the Army. The conferees understand that this flight 

demonstration will occur in the spring of 2012, and direct the Army 

to brief the congressional defense committees in detail on the outcome of this demonstration not later than 30 days after its completion. 

JOINT LIGHT TACTICAL VEHICLE

The budget request includes $243,940,000 within Army and 

Marine Corps accounts for the development of the Joint Light Tactical Vehicle (JLTV). The JLTV program has undergone significant 

changes since its inception and the submission of the fiscal year 

2012 budget request. The principal reason for the changes is the 

discovery that the plan to acquire multiple variants of a limited 

number of vehicles with demanding performance specifications 

would result in an unaffordable program for both the Army and 

Marine Corps. As a result, the program will now pursue a competitively-selected single vehicle with a less complex design on a significantly accelerated timeline. 

The conferees are encouraged to see the Army and Marine 

Corps taking definitive action to change their approach in evaluVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00692 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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689 

ating requirements, technology, key performance parameters, and 

costs as they apply to this acquisition program. Continuing on the 

nine year path of studies, development, and testing to field a lightweight tactical vehicle that will carry four passengers and 3,500 

pounds of cargo onto the battlefield was unacceptable. 

Recognizing the renewed focus and approach, the conference agreement provides $87,300,000 in Research, Development, Test 

and Evaluation, Army and $46,700,000 in Research, Development, 

Test and Evaluation, Navy for continued JLTV development, in accordance with revised estimates for the program. The conferees 

strongly encourage the Army and Marine Corps, in conjunction 

with the Under Secretary of Defense (Acquisition, Technology and 

Logistics), to examine the feasibility of accelerating a competition 

for production through more efficient testing and acquisition practices and by embracing off-the-shelf technology demonstrated by industry so that improved vehicles are delivered to the warfighter as 

soon as possible. Accordingly, the Army and Marine Corps are encouraged to acquire, test, and evaluate, as necessary, available offthe-shelf systems that meet the essential program requirements. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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690 


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691 


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692 


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693 


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694 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1453 here HR331.151
695 


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696 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1455 here HR331.153
697 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1456 here HR331.154
698 


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699 


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700 


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701 


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702 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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703 


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704 


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705 


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706 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1465 here HR331.162
707 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1466 here HR331.163
708 


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709 


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710 


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711 


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712 


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713 


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714 


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715 

INTEGRATED AIRCREW ENSEMBLE

The conference agreement provides $3,980,000 for the Integrated Aircrew Ensemble (IAE), a decrease of $2,000,000 below the 

request. The conferees understand that the IAE will provide more 

fully integrated upgrades to various flight safety gear and special 

protections in unique threat environments and is not a redesign of 

the current flight suit. Given existing and prospective budget constraints, the conferees urge the Air Force to proceed with the program in a requirements-focused and fiscally sustainable manner. 

KC–46A

The conferees direct the Secretary of the Air Force to submit 

the reports regarding the KC–46A required in House Report 112– 

110 on a quarterly basis, with the first report to be submitted not 

later than March 30, 2012. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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716 


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717 


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718 


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719 


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720 


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721 


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722 


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723 


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724 


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725 


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726 


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727 


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728 


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729 

DEFENSE ADVANCED RESEARCH PROJECTS AGENCY

The conferees recommend a total of $166,122,000 in undistributed reductions throughout the Defense Advanced Research 

Projects Agency (DARPA). The conferees direct the Director of 

DARPA to provide a report to the congressional defense committees, not later than 60 days after enactment of this Act, detailing 

by program element and project the application of each undistributed reduction. 

PROMPT GLOBAL STRIKE

The fiscal year 2012 budget request includes $204,824,000 to 

continue the Prompt Global Strike program. The conferees recommend $179,824,000, a reduction of $25,000,000, based on program delays caused by two consecutive flight test failures of the 

Hypersonic Technology Vehicle 2. The conferees remain supportive 

of the Prompt Global Strike program and direct that the reduction 

not be applied to the Advanced Hypersonic Weapon program, which 

just completed a successful flight demonstration. 

SPECIAL OPERATIONS COMMAND UNDERSEA MOBILITY CONCEPTS

The fiscal year 2012 budget request includes $92,242,000 for 

several programs that are designed to collectively fill the capability 

gap that remains following termination of the Advanced SEAL Delivery System and its successor, the Joint Multi-Mission Submersible. The conferees note that unobligated prior year appropriations, 

combined with funds provided in the Department of Defense Appropriations Act, 2012, would allow the Special Operations Command 

(SOCOM) to award several commercial contracts to develop a Family of Systems to meet its requirement. The conferees direct the 

Commander, SOCOM to provide separate cost estimates for the 

Technology Development and Engineering and Manufacturing Development phases for each of the projects in support of Undersea 

Mobility, as well as the estimated procurement costs, with the fiscal year 2013 budget submission. 

ISRAELI COOPERATIVE PROGRAMS

The fiscal year 2012 budget request includes $106,100,000 to 

continue Israeli Cooperative Programs, a decrease of over 

$100,000,000 from amounts appropriated in fiscal year 2011. The 

conferees find the request insufficient and provide an additional 

$129,600,000 to address Israel’s security requirements. Within this 

amount, $15,000,000 shall be used only for the Low Rate Initial 

Production activities as included in the David’s Sling Weapon System project agreement between the two governments. 

MEDICAL COUNTERMEASURES INITIATIVE

The conferees recommend $101,670,000, instead of 

$151,670,000 as proposed by the House and no funding as proposed 

by the Senate, for the Medical Countermeasures Initiative (MCMI) 

System Development and Demonstration. The conferees support 

the purpose of the MCMI program but are concerned that synergies 

with other government programs have not been sufficiently explored and that the government is creating slightly distinct, yet 


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730 

largely redundant capabilities. Therefore, the conferees direct the 

Assistant Secretary of Defense (Nuclear, Chemical, and Biological 

Defense Programs) to continue efforts to reduce costs and program 

overlap. 

90NM NEXT GENERATION FOUNDRY

The recommendation includes no funding for the requested 

90nm Next Generation Foundry, due to the lack of justification in 

support of the budget submission. However, the conferees recognize 

the criticality of ensuring a safe and stable supply of microchips to 

the Department of Defense and will revisit this issue in the future. 

OPERATIONAL TEST AND EVALUATION, DEFENSE

The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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731 


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732 

TITLE V—REVOLVING AND MANAGEMENT FUNDS 

The conference agreement provides $2,675,529,000 in Title V, 

Revolving and Management Funds as proposed by the House, instead of $2,262,529,000 as proposed by the Senate. The conference 

agreement on items addressed by either the House or the Senate 

is as follows: 


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733 


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734 

DEFENSE WORKING CAPITAL FUNDS

The conference agreement provides $1,575,010,000 for the Defense Working Capital Funds as proposed by the House, instead of 

$1,562,010,000 as proposed by the Senate. 

NATIONAL DEFENSE SEALIFT FUND

The conference agreement provides $1,100,519,000 for the National Defense Sealift Fund as proposed by the House, instead of 

$700,519,000 as proposed by the Senate. 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[in thousands of dollars] 

Budget 

request Conference 

STRATEGIC SHIP ACQUISITION ......................................................................................................... 450,026 424,161 

Revised Mobile Landing Platform acquisition strategy .............................................................. .................... -25,865 

DoD MOBILIZATION ASSETS ............................................................................................................. 318,645 318,645 

SEALIFT RESEARCH AND DEVELOPMENT ......................................................................................... 48,443 48,443 

READY RESERVE FORCE OPERATION AND MAINTENANCE ............................................................... 309,270 309,270 

Total, National Defense Sealift Fund ..................................................................................... 1,126,384 1,100,519 

TITLE VI—OTHER DEPARTMENT OF DEFENSE PROGRAMS 

The conference agreement provides $35,593,020,000 in Title 

VI, Other Department of Defense Programs, instead of 

$35,677,681,000 as proposed by the House and $35,628,483,000 as 

proposed by the Senate. The conference agreement on items addressed by either the House or the Senate is as follows: 


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735 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1499 here HR331.186
736 

DEFENSE HEALTH PROGRAM

The conference agreement provides $32,482,059,000 for the Defense Health Program, instead of $32,347,559,000 as proposed by 

the House and $32,536,070,000 as proposed by the Senate. The 

conference agreement on items addressed either by the House or 

the Senate is as follows: 


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737 


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738 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1502 here HR331.188
739 

DEFENSE HEALTH PROGRAM REPROGRAMMING PROCEDURES

The conferees remain concerned over the transfer of funds from 

Direct (or In-house) Care to pay for contractor-provided medical 

care. To limit such transfers and continue oversight within the Defense Health Program operation and maintenance account, the conferees include bill language which caps the funds available for Private Sector Care under the TRICARE program subject to prior approval reprogramming procedures. The bill language and accompanying statement language included by the conferees should not 

be interpreted by the Department of Defense as limiting the 

amount of funds that may be transferred to the Direct Care System 

from other budget activities within the Defense Health Program. In 

addition, the conferees continue to designate the funding for the 

Direct Care System as a special interest item. Any transfer of 

funds from the Direct (or In-house) Care budget activity into the 

Private Sector Care budget activity or any other budget activity 

will require the Department of Defense to follow prior approval reprogramming procedures. 

The Department shall also provide written notification to the 

House and Senate Appropriations Committees of cumulative transfers in excess of $15,000,000 out of the Private Sector Care budget 

activity. The conferees further direct the Assistant Secretary of Defense (Health Affairs) to provide quarterly reports to the House and 

Senate Appropriations Committees on budget execution data for all 

of the Defense Health Program accounts and to adequately reflect 

changes to the budget activities requested by the Services in future 

budget submissions. 

CARRYOVER

For fiscal year 2012, the conferees recommend one percent carryover authority for the operation and maintenance account of the 

Defense Health Program. The conferees direct the Assistant Secretary of Defense (Health Affairs) to submit a detailed spending 

plan for any fiscal year 2011 designated carryover funds to the congressional defense committees not fewer than 15 days prior to executing the carryover funds. 

PEER-REVIEWED CANCER RESEARCH PROGRAM

The conference agreement provides $12,800,000 for a Peer-Reviewed Cancer Research Program that would research cancers not 

addressed in the breast, prostate, ovarian, and lung cancer research programs currently executed by the Department of Defense, 

and specifically by the U.S. Army Medical Research and Materiel 

Command. 

The funds provided are directed to be used to conduct research 

in the following areas: melanoma and other skin cancers, pediatric 

brain tumors, genetic cancer research, pancreatic cancer, kidney 

cancer, blood cancer, colorectal cancer, mesothelioma, and listeria 

vaccine for infectious disease and cancer. 

The funds provided under the Peer-Reviewed Cancer Research 

Program shall only be used for the purposes listed above. The Assistant Secretary of Defense (Health Affairs) is directed to provide 

a report not later than 60 days after enactment of this Act to the 


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740 

congressional defense committees on the status of the Peer-Reviewed Cancer Research Program. For each research area, the report should include the funding amount awarded, the progress of 

the research, and the relevance of the research for servicemembers 

and their families. 

JOINT WARFIGHTER MEDICAL RESEARCH PROGRAM

The conference agreement provides $50,000,000 for the Joint 

Warfighter Medical Research Program. Funds shall be used to augment and accelerate high priority Department of Defense and Service medical requirements and to continue prior year initiatives that 

are close to achieving their objectives and yielding a benefit to military medicine. The funds shall not be used for new projects or for 

basic research. The funding shall be awarded at the Department’s 

discretion following a review of medical research and development 

gaps, as well as unfinanced medical requirements of the Services. 

Further, the conferees direct the Assistant Secretary of Defense 

(Health Affairs) to provide a report not later than 120 days after 

enactment of this Act to the congressional defense committees, 

which lists the projects that receive funding. The report should include the amount of funding provided to each project and a thorough description of each project’s research. 

PEER-REVIEWED MEDICAL RESEARCH PROGRAM

The conference agreement provides $50,000,000 for a Peer-Reviewed Medical Research Program. The conferees direct the Secretary of Defense, in conjunction with the Service Surgeons General, to select medical research projects of clear scientific merit and 

direct relevance to military health. Research areas considered 

under this funding are restricted to: arthritis, composite tissue 

transplantation, drug abuse, dystonia, epilepsy, food allergies, 

Fragile X syndrome, hereditary angioedema, inflammatory bowel 

disease, interstitial cystitis, lupus, malaria, nanomedicine for drug 

delivery science, neuroblastoma, osteoporosis and related bone disease, Paget’s disease, polycystic kidney disease, post-traumatic osteoarthritis, scleroderma, tinnitus, and tuberculosis. The conferees 

emphasize that the additional funding provided under the Peer-Reviewed Medical Research Program shall be devoted only to the purposes listed above. 

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE

The conference agreement on items addressed either by the 

House or the Senate is as follows: 


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741 


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742 

TOOELE CHEMICAL AGENT DISPOSAL FACILITY

House Report 112–110 directs the Secretary of Defense to submit a report to the congressional defense committees detailing the 

closure requirements and potential reuse of the Tooele Chemical 

Agent Disposal Facility. This report is no longer required. 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The conference agreement provides $1,209,620,000 for Drug 

Interdiction and Counter-Drug Activities, Defense, instead of 

$1,208,147,000 as proposed by the House and $1,205,072,000 as 

proposed by the Senate. The conference agreement on items addressed either by the House or the Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

request Conference 

DRUG INTERDICTION & COUNTER-DRUG ACTIVITIES ....................................................................... 1,156,282 1,209,620 

PC: 

2360 EUCOM Tactical Analysis Team Support—Previously Denied New Start .................. .................... ¥952 

3217 Navy Counter-Drug Activities—ROTHR—Transfer from OP,N line 89 ...................... .................... 2,290 

7403 National Guard Counter-Drug Program State Plans ................................................. .................... 50,000 

9205 EUCOM Counternarcotics Operations Support ........................................................... .................... ¥2,000 

9380 Young Marines—Drug Demand Reduction ................................................................ .................... 4,000 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

The conference agreement on items addressed either by the 

House or the Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Line Budget 

request Conference 

4 STAFF AND INFRASTRUCTURE ................................................................................................... 220,634 0 

Transfer to title IX .................................................................................................................. .................... ¥220,634 

TOTAL, JOINT IED DEFEAT FUND .................................................................................... 220,634 0 

The conference agreement does not recommend funding for the 

Joint Improvised Explosive Device Defeat Fund in the base budget. 

The agreement addresses the funding requirements of the Joint 

Improvised Explosive Device Defeat Organization in title IX. 

OFFICE OF THE INSPECTOR GENERAL

The conference agreement on items addressed either by the 

House or the Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

request Conference 

OPERATION AND MAINTENANCE ....................................................................................................... 286,919 341,419 


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EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued 

[In thousands of dollars] 

Budget 

request Conference 

Program Increase .................................................................................................................... .................... 54,500 

PROCUREMENT ................................................................................................................................. 1,000 1,000 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION ....................................................................... 1,600 4,500 

Program Increase .................................................................................................................... .................... 2,900 

TOTAL, OFFICE OF THE INSPECTOR GENERAL ............................................................... 289,519 346,919 

TITLE VII—RELATED AGENCIES 

The conference agreement provides $1,061,591,000 in Title VII, Related Agencies, instead of $971,925,000 as proposed by the 

House and $1,107,413,000 as proposed by the Senate. The conference agreement on items addressed either by the House or the 

Senate is as follows: 


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CLASSIFIED ANNEX

Adjustments to classified programs are addressed in a separate 

detailed and comprehensive classified annex. The Intelligence Community, Department of Defense, and other organizations are expected to fully comply with the recommendations and directions in 

the classified annex accompanying the Department of Defense Appropriations Act, 2012. 

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM FUND 

The conference agreement provides $513,700,000 for the Central Intelligence Agency Retirement and Disability Fund, as proposed by both the House and the Senate. 

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 

The conference agreement provides $547,891,000 for the Intelligence Community Management Account, instead of $458,225,000 

as proposed by the House and $593,713,000 as proposed by the 

Senate. 

TITLE VIII—GENERAL PROVISIONS 

The conference agreement incorporates general provisions from 

the House and Senate versions of the bill which were not amended. 

Those general provisions that were addressed in conference follow: 

The conference agreement modifies a provision proposed by the 

House and Senate which provides general transfer authority not to 

exceed $3,750,000,000. 

The conference agreement retains a provision proposed by the 

Senate which prohibits the use of funds to demilitarize or dispose 

of certain small firearms. The House bill contained a similar provision but made it permanent. 

The conference agreement retains a provision proposed by the 

House concerning incentive payments authorized by section 504 of 

the Indian Financing Act (25 U.S.C. 1544). The Senate bill contained a similar provision. 

The conference agreement retains a provision proposed by the 

Senate which provides funding from various appropriations for the 

Civil Air Patrol Corporation. The House bill contained a similar 

provision. 

The conference agreement retains a provision proposed by the 

Senate related to funding provided for Federally Funded Research 

and Development Centers. The House bill contained a similar provision. 

The conference agreement retains a provision proposed by the 

House which provides that the Office of Economic Adjustment may 

use funds made available under Operation and Maintenance, Defense-Wide to make grants and supplement other federal funds in 

accordance with guidance provided. The Senate bill contained no 

similar provision. 

The conference agreement retains a provision proposed by the 

Senate which prohibits the conversion of any activity or function 

performed by civilian employees of the Department of Defense to 


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contractor with certain exceptions. The House bill contained no 

similar provision. 

The conference agreement modifies a provision proposed by the 

House and the Senate recommending rescissions. The rescissions 

agreed to are: 

(RESCISSIONS)

2002 Appropriations: 

National Defense Sealift Fund: 

Ready Reserve Force ............................................................... $20,444,000 

2003 Appropriations: 

National Defense Sealift Fund: 

Ready Reserve Force ............................................................... 8,500,000 

2004 Appropriations: 

National Defense Sealift Fund: 

Ready Reserve Force ............................................................... 6,500,000 

2010 Appropriations: 

Aircraft Procurement, Army: 

Common Ground Equipment .................................................. 5,100,000 

Procurement of Weapons and Tracked Combat Vehicles, Army: 

Handgun ................................................................................... 3,379,000 

Lightweight .50 Caliber Machine Gun .................................. 974,000 

Procurement of Ammunition, Army: 

Artillery Fuzes, All Types ....................................................... 19,000,000 

Scorpion, Intelligent Munitions Systems .............................. 2,674,000 

Other Procurement, Army: 

Armored Security Vehicle ....................................................... 13,000,000 

Lightweight Counter Mortar Radar ....................................... 15,000,000 

Installation Info Infrastructure Mod Program ..................... 5,800,000 

Special Equipment for User Testing ...................................... 17,000,000 

Explosive Ordnance Disposal Equipment ............................. 5,347,000 

Items Less than $5 Million (ENG SPT) ................................ 2,500,000 

Aircraft Procurement, Navy: 

P–8A ......................................................................................... 90,000,000 

Aircraft Procurement, Air Force: 

C–130 ........................................................................................ 17,471,000 

T–38 .......................................................................................... 11,326,000 

KC–10A (ATCA) ...................................................................... 4,100,000 

Missile Procurement, Air Force: 

NPOESS ................................................................................... 3,889,000 

Other Procurement, Air Force: 

Global Combat Support System (DEAMS) ............................ 12,200,000 

Procurement, Defense-Wide: 

Maritime Equipment Modifications ....................................... 716,000 

2011 Appropriations: 

Aircraft Procurement, Army: 

Airborne Avionics .................................................................... 21,500,000 

Missile Procurement, Army: 

Surface-Launched AMRAAM System .................................... 99,800,000 

Procurement of Weapons and Tracked Combat Vehicles, Army: 

Lightweight .50 Caliber Machine Gun .................................. 18,834,000 

Procurement of Ammunition, Army: 

Artillery Fuzes, All Types ....................................................... 15,000,000 

Other Procurement, Army 

Armored Security Vehicle ....................................................... 80,000,000 

Joint Tactical Radio System ................................................... 70,000,000 

Lightweight Counter Mortar Radar ....................................... 80,000,000 

BCT Unattended Ground Sensor ........................................... 14,636,000 

BCT Network ........................................................................... 74,000,000 

Special Equipment for User Testing ...................................... 26,000,000 

Ground Soldier System ........................................................... 93,800,000 

Aircraft Procurement, Navy: 

P–8A ......................................................................................... 55,000,000 

F–18 Series .............................................................................. 23,000,000 

Weapons Procurement, Navy: 

Standard Missile Mods ........................................................... 21,427,000 


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Sidewinder ............................................................................... 2,900,000 

Airborne Mine Neutralization Systems ................................. 9,949,000 

Procurement of Ammunition, Navy and Marine Corps: 

General Purpose Bombs .......................................................... 8,612,000 

Intermediate Caliber Gun Ammunition ................................ 19,650,000 

Other Procurement, Navy 

Reactor Power Units ............................................................... 6,700,000 

Navy Multiband Terminal ...................................................... 48,600,000 

Physical Security Equipment ................................................. 4,298,000 

Shipbuilding and Conversion, Navy: 

Littoral Combat Ship AP ........................................................ 110,351,000 

Aircraft Procurement, Air Force: 

C–130J AP ............................................................................... 30,000,000 

F–15 .......................................................................................... 31,340,000 

C–130 ........................................................................................ 25,000,000 

B–2A (Multi Display Units) .................................................... 22,579,000 

T–38 .......................................................................................... 18,600,000 

C–37A ....................................................................................... 11,731,000 

C–40 .......................................................................................... 10,475,000 

C–32A ....................................................................................... 10,411,000 

Other Production Charges (NATO) ........................................ 17,000,000 

KC–10A (ATCA) ...................................................................... 4,100,000 

B–52 .......................................................................................... 1,733,000 

Other Production Charges (MQ–1) ........................................ 37,244,000 

Missile Procurement, Air Force: 

GPS III Space Segment .......................................................... 122,500,000 

SBIRS High (Space) AP .......................................................... 25,000,000 

JASSM ...................................................................................... 46,400,000 

Other Procurement, Air Force: 

Tactical Air Control Party Vehicular Communication System ........................................................................................ 26,949,000 

Global Combat Support System ............................................. 7,733,000 

Combat Training Ranges ........................................................ 3,700,000 

Theater Battle Management Command and Control System ........................................................................................ 1,000,000 

Modular Aircrew Common Helmet ........................................ 6,217,000 

Special Update Program ......................................................... 2,972,000 

Joint Tactical Radio System Ground Mobile Radio .............. 4,297,000 

Procurement, Defense-Wide: 

Contamination Avoidance ....................................................... 1,626,000 

Installation Force Protection .................................................. 1,083,000 

Individual Protection .............................................................. 892,000 

Collective Protection ............................................................... 329,000 

Decontamination ..................................................................... 258,000 

Joint Bio Defense Program (Medical) .................................... 124,000 

Research, Development, Test and Evaluation, Army: 

FCS UAV .................................................................................. 16,700,000 

FCS UAV .................................................................................. 6,000,000 

FCS Unattended Ground Sensors .......................................... 5,800,000 

Manned Ground Vehicle—GCV .............................................. 45,000,000 

Joint Air-to-Ground Missile .................................................... 49,700,000 

Landmine Warfare Barrier—Scorpion ................................... 24,200,000 

MLRS PIP—GMLRS AW ........................................................ 5,700,000 

Aerial Common Sensor—EMARSS ........................................ 24,425,000 

Aerial Common Sensor—EMARSS Excess Carryover .......... 79,100,000 

Ground Combat Vehicle—Change to Acquisition Strategy .. 100,000,000 

Research, Development, Test and Evaluation, Navy: 

Common Mobile Aircrew Restraint System .......................... 5,100,000 

Multi-Purpose Bomb Rack ...................................................... 10,000,000 

FMU–164 Fuze ........................................................................ 19,671,000 

Retract Elm .............................................................................. 5,878,000 

Small Diameter Bomb ............................................................. 2,600,000 

Joint Air-to-Ground Missile .................................................... 7,400,000 

Navy Meteorological and Ocean Sensors—Space ................. 15,038,000 

Research, Development, Test and Evaluation, Air Force: ...

JSpOC Mission System ........................................................... 3,500,000 

Space Situational Awareness Systems .................................. 18,000,000 

Agile Combat Support ............................................................. 2,800,000 


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Joint Strike Fighter ................................................................ 85,000,000 

Joint Cargo Aircraft ................................................................ 7,750,000 

Evaluation and Analysis Program ......................................... 17,997,000 

Special Evaluation System ..................................................... 47,252,000 

Combined Advanced Applications .......................................... 19,845,000 

Defense Reconnaissance Support Activities (SPACE) .......... 11,800,000 

Tactical Air Control Party—Mod ........................................... 2,450,000 

B–2 ............................................................................................ 22,000,000 

AWACS ..................................................................................... 19,700,000 

Research, Development, Test and Evaluation, Defense-Wide: 

DARPA Undistributed Rescission .......................................... 126,589,000 

DARPA Defense Research Sciences ....................................... 1,827,000 

DTRA Weapons of Mass Destruction Defeat Technologies 10,435,000 

DARPA Tactical Technology ................................................... 10,084,000 

DARPA Materials and Biological Technology ....................... 1,000,000 

DARPA Electronics Technology ............................................. 500,000 

DTRA Counterproliferation Initiatives—Proliferation Prevention and Defeat .............................................................. 11,950,000 

DARPA Classified Programs .................................................. 4,000,000 

DARPA Command, Control, and Communications Systems 3,000,000 

DARPA Space Programs and Technology ............................. 1,000,000 

DARPA Advanced Electronics Technologies ......................... 1,000,000 

DARPA Network-Centric Warfare Technology ..................... 1,000,000 

MDA BMD Midcourse Defense Segment ............................... 23,005,000 

OSD UAS Common Development .......................................... 3,007,000 

BTA R&D Activities ................................................................ 6,019,000 

DTRA Weapons of Mass Destruction Defeat Capabilities ... 603,000 

BTA DIMHRS .......................................................................... 392,000 

JIAMDO ................................................................................... 18,369,000 

OSD Technical Studies, Support, and Analysis .................... 12,321,000 

OSD Policy R&D Programs .................................................... 3,711,000 

OSD Net Centricity ................................................................. 3,233,000 

JCS Management Headquarters ............................................ 239,000 

ISSP .......................................................................................... 11,000,000 

Defense Health Program: 

Research, Development, Test and Evaluation ...................... 257,000 

The conference agreement retains a provision proposed by the 

Senate for the procurement of ball and roller bearings, except for 

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

the Office of Federal Procurement Policy Act under certain limitations. The House bill contained a similar provision as defined by 

section 103 of title 41, United States Code. 

The conference agreement retains a provision proposed by the 

House which prohibits the use of funds to perform repairs or maintenance of military family housing units. The Senate bill contained 

no similar provision. 

The conference agreement retains a provision proposed by the 

Senate concerning reporting requirements for any new start advanced concept technology demonstration project or joint capability 

demonstration project. The House bill contained a similar provision. 

The conference agreement retains a provision proposed by the 

House concerning a grant to the Fisher House Foundation, Inc. The 

Senate bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

Senate which makes available funds to reimburse the Department 

of Homeland Security for costs associated with processing and adjudication of applications for naturalization. The House bill contained 

no similar provision. 


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The conference agreement retains a provision proposed by the 

Senate related to funding for the Israeli Cooperative Defense programs. The House bill contained a similar provision. 

The conference agreement retains a provision proposed by the 

Senate regarding Fleet Forces Command control of Navy forces assigned to the Pacific and United States Transportation Command 

operational and administrative control of C–130 and KC–135 forces 

assigned to the Pacific and European Air Force Commands. The 

House bill contained a similar provision but did not include restrictions related to the Transportation Command. 

The conference agreement modifies a provision proposed by the 

Senate regarding the transfer of funds provided within Research, 

Development, Test and Evaluation, Army and Research, Development, Test and Evaluation, Air Force. The House bill contained no 

similar provision. 

The conference agreement retains a provision proposed by the 

House which prohibits the use of funds for nuclear armed interceptors of a missile defense system. The Senate bill contained a similar provision but made it permanent. 

The conference agreement retains a provision proposed by the 

House which provides funding to the United Service Organizations 

and the Red Cross. The Senate bill contained a similar provision 

but did not provide funding to the Red Cross. 

The conference agreement modifies a provision proposed by the Senate which provides funding of up to $200,000,000 from Operation and Maintenance, Defense-Wide, to be combined with funds 

from the Department of State, should a Global Security Contingency Fund be created. The House bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

House which requires submission of P–1 exhibit and R–1 exhibits 

for National Intelligence programs based on certain dollar thresholds. The Senate bill contained a similar provision. 

The conference agreement retains a provision proposed by the 

Senate which reduces funding appropriated in Operation and 

Maintenance, Army to reflect excess cash balances in the Working 

Capital Funds. The House bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

Senate which requires submission of a baseline for reprogramming 

at the project level. The House bill contained a similar provision 

which required submission of the baseline at the subproject level. 

The conference agreement modifies a provision proposed by the 

House establishing prior approval reprogramming and transfer procedures for National Intelligence Programs. The Senate bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

Senate which provides for the transfer of funds by the Director of 

National Intelligence to other departments and agencies for purposes of government-wide information sharing activities. The 

House bill contained a similar provision. 

The conference agreement retains a provision proposed by the 

Senate which provides funds for transfer to the Joint Department 

of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. The House bill contained a similar provision. 


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The conference agreement retains a provision proposed by the 

House which extends the period of time during which claims for 

retroactive stop-loss special pay may be submitted. The Senate bill 

contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House which places a limitation on the total number of Senior Executive Service employees in the Office of the Director of National 

Intelligence and requires submission of certain reports. The Senate 

bill contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House regarding Anti-Deficiency Act violations in the military personnel accounts. The provision requires the Inspector General of 

the Department of Defense to conduct a review of the violations 

and make recommendations for corrective actions to be implemented. The Senate bill contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House to provide grants through the Office of Economic Adjustment to assist the civilian population of Guam. The Senate bill contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House regarding parking spaces provided by the BRAC 133 project. 

The Senate contained no similar provision. 

The conference agreement retains a provision proposed by the 

House which prohibits the Secretary of the Air Force from transferring Air Force Material Command functions until after the Secretary transmits a report. The Senate bill contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House regarding reporting requirements for civilian personnel end 

strength by appropriation account. The Senate bill contained no 

similar provision. 

The conference agreement retains a provision proposed by the 

House which provides funding from Research, Development, Test 

and Evaluation, Army to conduct research on alternative energy resources for the deployed forces. The Senate bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

House which requires the Department to report on the feasibility 

of using commercially available telecommunications expense management solutions. The Senate bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

House which prohibits funds from being used to separate the National Intelligence Program from the Department of Defense budget. The Senate bill contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House which provides general transfer authority of $2,000,000,000 

for funds made available for the intelligence community. The Senate bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

House which provides funds to construct, renovate, repair, or expand elementary and secondary public schools on military installations. The Senate bill contained no similar provision. 

The conference agreement modifies language proposed by the 

House which prohibits the use of current and prior year funds from 


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being used to transfer detainees from Naval Station Guantanamo 

Bay, Cuba to the United States. The Senate bill contained a similar 

provision. 

The conference agreement modifies a provision proposed by the 

House which requires certain certifications prior to the transfer of 

detainees from Naval Station Guantanamo Bay, Cuba to foreign 

countries. The Senate bill contained a similar provision. 

The conference agreement modifies language proposed by the 

House which prohibits the use of current and prior year funds from 

being used to construct, renovate, or modify U.S. facilities to house 

any detainees at Naval Station Guantanamo Bay, Cuba. The Senate bill contained a similar provision. 

The conference agreement modifies a provision proposed by the 

House which provides funds to conduct an assessment of the current and prospective situation on the ground in Afghanistan and 

Pakistan. The Senate bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

House which directs the Secretary of Defense to submit a report regarding the efficiency savings identified in the fiscal year 2012– 

2016 budgets. The Senate bill contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House which prohibits funding from being used to enter into agreements with corporations with unpaid tax liabilities. The Senate bill 

contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House which prohibits funding from being used to enter into agreements with a corporation that was convicted of a federal criminal 

violation in the past 24 months. The Senate bill contained no similar provision. 

The conference agreement includes a new provision which creates a Military Intelligence Program Transfer Fund. The House bill 

and Senate bill contained no similar provisions. 

The conference agreement retains a provision proposed by the 

House which prohibits funds from being used to violate the Trafficking Victims Protection Act of 2000. The Senate bill contained no 

similar provision. 

The conference agreement retains a provision proposed by the 

House which prohibits funds from being used to violate the Child 

Soldier Prevention Act of 2008. The Senate bill contained no similar provision. 

The conference agreement retains a provision proposed by the 

House which prohibits funds from being used to violate the War 

Powers Resolution. The Senate bill contained no similar provision. 

TITLE IX—OVERSEAS CONTINGENCY OPERATIONS 

The conference agreement provides $115,082,635,000 in Title 

IX, Overseas Contingency Operations, instead of $118,669,277,000 

as proposed by the House and $117,583,000,000 as proposed by the 

Senate. The conference agreement on items addressed by either the 

House or the Senate is as follows: 


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REPORTING REQUIREMENTS

The conferees direct that the Department continue to report incremental contingency operations costs for Operation New Dawn 

and Operation Enduring Freedom on the monthly basis in the Cost 

of War Execution report as required by Department of Defense Financial Management Regulation, Chapter 23, Volume 12. The conferees further direct the Department to continue providing Cost of 

War reports to the congressional defense committees that include 

the following information by appropriation account: funding appropriated, funding allocated, monthly obligations, monthly disbursements, cumulative fiscal year obligations, and cumulative fiscal 

year disbursements. 

The conferees expect that in order to meet unanticipated requirements, the Department of Defense may need to transfer funds 

within these appropriations accounts for purposes other than those 

specified in this report. The conferees direct the Department of Defense to follow normal prior approval reprogramming procedures 

should it be necessary to transfer funding between different appropriations accounts in this title. 

MILITARY ACTIVITIES IN LIBYA

General provisions 10003 and 10017, included in the House 

version of the Department of Defense Appropriations bill, restricted 

the use of Department of Defense funding for certain activities in 

or against Libya. The conference agreement does not include those 

provisions. Since the House passage of the Department of Defense 

Appropriations bill, political conditions in Libya have changed and 

power has transferred to a new regime. 

As part of a greater NATO force, the United States participated in, and took direct forceful action against the country of 

Libya to topple its former regime. The action was successful and 

fortunately no American lives were lost during this incursion. However, the conferees insist that when determining that military engagements are necessary, the President is subject to the terms of 

the War Powers Resolution (50 U.S.C. 1541 et seq.). 

EXTREMIST ORGANIZATIONS

The conferees are aware that certain governments and organizations such as the Government of Iran, Hamas, and Hizbullah 

have policies and practices counter to the best interests of the 

United States. The conferees reiterate that extremist governments 

and organizations should not be funded by this Act and that the 

conferees will closely monitor the expenditure of funds by the Department of Defense regarding such matters. 

HUMAN RIGHTS ABUSES

The House included language directing reports on human 

rights abuses. The conferees direct the initial report be completed 

not later than 60 days after enactment of this Act and quarterly 

throughout the fiscal year. 


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MILITARY PERSONNEL

The conference agreement provides $11,639,252,000 for Military Personnel, instead of $10,813,624,000 as proposed by the 

House and $11,657,252,000 as proposed by the Senate. The conference agreement on items addressed by either the House or the 

Senate is as follows: 


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756 


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757 


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758 


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759 

OPERATION AND MAINTENANCE

The conference agreement provides $89,016,326,000 for Operation and Maintenance, instead of $89,780,293,000 as proposed by 

the House and $90,546,851,000 as proposed by the Senate. The 

conference agreement on items addressed by either the House or 

the Senate is as follows: 


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762 


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763 


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PAKISTAN COUNTERINSURGENCY FUND

The House version of the Department of Defense Appropriations bill included $1,100,000,000 for the Pakistan Counterinsurgency Fund. The Senate included an appropriation for this fund in 

the State, Foreign Operations, and Related Agencies Appropriations bill. The fund is addressed in the State, Foreign Operations, 

and Related Agencies Division of this Act. 

AFGHANISTAN RESOURCES OVERSIGHT COUNCIL

The conferees have modified Section 9009 of the Senate version 

of the Department of Defense Appropriations bill to include revised 

thresholds for contracts requiring approval of the Afghanistan Resources Oversight Council (AROC) and other responsibilities of the 

AROC. As outlined in this section, the AROC is responsible for approving all financial and activity plans for the Afghanistan Security Forces Fund (ASFF). The conferees direct the AROC to establish policies, regulations, and processes to include consideration of 

the extent of competition and the relevant qualifications and eligibility of contractors as part of the acquisition plan for major purchases of goods and services. The conferees further direct the 

AROC to establish business rules and criteria for reviewing ASFF 

construction and sustainment plans for infrastructure and to establish a plan for the oversight of contractor performance and services 

and goods rendered. These are critical steps in ensuring that proper oversight is conducted on one of the largest Department of Defense programs. 

PROCUREMENT

The conference agreement provides $13,633,461,000 for Procurement, instead of $13,375,288,000 as proposed by the House and 

$15,518,701,000 as proposed by the Senate. The conference agreement on items addressed by either the House or the Senate is as 

follows: 


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771 


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772 


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773 


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774 


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775 


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NATIONAL GUARD AND RESERVE EQUIPMENT

The conference agreement provides $1,000,000,000 for National 

Guard and Reserve Equipment. Of that amount, $325,000,000 is 

for the Army National Guard; $315,000,000 is for the Air National 

Guard; $145,000,000 is for the Army Reserve; $75,000,000 is for 

the Navy Reserve; $65,000,000 is for the Marine Corps Reserve; 

and $75,000,000 is for the Air Force Reserve to meet urgent equipment needs that may arise this fiscal year. 

This funding will allow the Guard and reserve components to 

procure high priority equipment that may be used by these units 

for both their combat missions and their missions in support of 

State governors. The conferees direct that the National Guard and 

Reserve Equipment account shall be executed by the Chiefs of the 

National Guard and reserve components with priority consideration 

given to the following items: AB–FIST Gunnery Trainer Upgrades; 

Active Noise Cancellation Systems for ANG C–130; ANG Block 42 

F–16 Engine Upgrades; ARC 210 Radios for ANG F–16s; Batteries 

and Battery Support Equipment; Bradley Modifications; C–130 

Loadmaster Lookout Windows and Crashworthy Loadmaster Seats; 

C–130 Secure Line of Sight and Beyond Line of Sight Capability; 

CH–47 Door Gun Mounts; Chemical/Biological Protective Shelter; 

Civil Support Radios; Combined Arms Virtual Trainers; Command 

Posts—Tactical Operations Centers and Standardized Integrated 

Command Post Systems; Communications Aerial Platforms; External and Internal Fuel Tanks; F–15 Active Electronically Scanned 

Array Radars; Field Engineering, Logistics, and Maintenance 

Equipment; General Engineering Equipment; Generation 4 Advanced Targeting Pods; HC–130 Integrated EW Suites (ALQ–213) 

with VECTS; Helicopter Firefighting Equipment; Helmet Mounted 

Cueing Systems; HMMWV Ambulances; Homeland Defense Communications Equipment; Integrated Vehicle Health Management 

Systems; Joint Threat Emitters; Large Aircraft Infrared Countermeasures; Light Utility Helicopters; Lightweight Airborne Recovery 

Systems; LITENING Upgrades; MRAP Vehicle Virtual Trainers; 

Personal Protective Equipment and Weapons; Reduced Size Crashworthy External and Extended Range Fuel Systems (RCEFS) for 

Apaches and Chinooks; Remotely Operated Video Enhanced Receivers; SATCOM Ground Stations; Security Force Mobility Bag Upgrades; Self-Contained Live Fire Shooting Ranges; Shadow Tactical 

Unmanned Aircraft Systems; Simulation Training Systems; Tactical Communications Equipment; Tactical Radios; Tactical Trailers; Thermal Imaging Systems; Unit Maintenance Aerial Recovery 

Kits; Virtual Convoy Operations Trainers; Virtual Door Gunner 

Trainers; and Wideband Imagery Dissemination. 

MINE RESISTANT AMBUSH PROTECTED AND MRAP-ALL TERRAIN

VEHICLES

The conference agreement provides $2,600,170,000 to address 

Mine Resistant Ambush Protected (MRAP) vehicle and MRAP-All 

Terrain Vehicle (M-ATV) requirements, as identified by the Department of Defense. The request was reduced by an amount previously 

provided by the Department of the Army to the MRAP Joint Program Office to support operations and maintenance from within 


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777 

funds available to the Army. The Department shall continue to adhere to the execution and reporting requirements contained in section 8122 of Public Law 110–116. 

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

The conference agreement provides $526,358,000 for Research, 

Development, Test and Evaluation, instead of $436,758,000 as proposed by the House and $581,958,000 as proposed by the Senate. 

The conference agreement on items addressed by either the House 

or the Senate is as follows: 


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778 


jbell on DSK7SPTVN1PROD with REPORTSInsert offset folio 1556 here HR331.211
779 

REVOLVING AND MANAGEMENT FUNDS

The conference agreement provides $435,013,000 for the Defense Working Capital Funds as proposed by the House, instead of 

$396,513,000 as proposed by the Senate. 

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

The conference agreement provides $1,228,288,000 for the Defense Health Program as proposed by the Senate, instead of 

$1,248,288,000 as proposed by the House. The conference agreement on items addressed by either the House or the Senate is as 

follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

request Conference 

OPERATION AND MAINTENANCE ............................................................................................... 1,228,288 1,228,288 

IN-HOUSE CARE ....................................................................................................................... 641,996 641,996 

PRIVATE SECTOR CARE ............................................................................................................ 464,869 464,869 

CONSOLIDATED HEALTH SUPPORT ........................................................................................... 95,994 95,994 

INFORMATION MANAGEMENT .................................................................................................... 5,548 5,548 

MANAGEMENT ACTIVITIES ........................................................................................................ 751 751 

EDUCATION AND TRAINING ...................................................................................................... 16,859 16,859 

BASE OPERATIONS AND COMMUNICATIONS ............................................................................. 2,271 2,271 

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

The conference agreement provides $456,458,000 for Drug 

Interdiction and Counter-Drug Activities, Defense, instead of 

$469,458,000 as proposed by the House and $463,458,000 as proposed by the Senate. The conference agreement on items addressed 

by either the House or the Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

request Conference 

AFGHANISTAN AIR MOBILITY ............................................................................................................ 149,000 141,000 

Mi-17s—Change in acquisition strategy .............................................................................. .................... ¥8,000 

COUNTER NARCOTICS POLICE AFGHANISTAN TRAINING .................................................................. 46,250 46,250 

COUNTER NARCOTICS POLICE AFGHANISTAN FACILITIES ................................................................ 7,000 7,000 

AFGHANISTAN BORDER POLICE FACILITIES ...................................................................................... 40,000 40,000 

AFGHANISTAN BORDER POLICE TRAINING ....................................................................................... 32,000 32,000 

AFGHANISTAN BORDER POLICE EQUIPMENT .................................................................................... 2,500 2,500 

OTHER PROGRAM SUPPORT—AFGHANISTAN ................................................................................... 7,000 7,000

INTELLIGENCE AND TECHNOLOGY .................................................................................................... 49,509 44,509 

CTF-Kabul HQ Facility funding no longer required ................................................................ .................... ¥5,000 

PAKISTAN .......................................................................................................................................... 40,650 30,650 

Reduce program growth ......................................................................................................... .................... ¥10,000 

TAJIKISTAN ........................................................................................................................................ 27,425 27,425 

TURKMENISTAN ................................................................................................................................ 23,800 23,800 

KYRGYZSTAN .................................................................................................................................... 33,598 33,598 

KAZAKHSTAN .................................................................................................................................... 9,976 9,976 

UZBEKISTAN ..................................................................................................................................... 14,750 14,750 

OTHER REGIONAL PROGRAMS .......................................................................................................... 3,000 3,000 


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780 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued 

[In thousands of dollars] 

Budget 

request Conference 

PROGRAM ADJUSTMENT ...................................................................................................... .................... ¥7,000 

TOTAL, DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES (OCO) ................................... 486,458 456,458 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND

The conference agreement on items addressed by either the 

House or the Senate is as follows: 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[in thousands of dollars] 

JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 

1 ATTACK THE NETWORK (OCO) .......................................................................... 1,368,800 936,400 

Blue Devil Block 1—Transfer to RDTE,AF line 200 ..................................... .................... ¥58,600 

Broad Agency Announcement S&T Response unjustified request ................ .................... ¥76,000 

Information Fusion unjustified program growth ........................................... .................... ¥17,000 

Transfer to Staff and Infrastructure ............................................................. .................... ¥280,800 

2 DEFEAT THE DEVICE (OCO) .............................................................................. 961,200 733,400 

Duraplex Antenna—Transfer to RDTE,A line 62 .......................................... .................... ¥10,000 

IDD 2.0 Detection Dog—Transfer from Train the Force .............................. .................... 4,200 

Transfer to Staff and Infrastructure ............................................................. .................... ¥72,000 

Program Adjustment ..................................................................................... .................... ¥150,000 

3 TRAIN THE FORCE (OCO) ................................................................................. 247,500 129,350 

Train the Force Response—Duplication of Service Title 10 Responsibilities ........................................................................................................... .................... ¥-18,050 

IDD 2.0 Detection Dog—Transfer to Defeat the Device .............................. .................... ¥4,200 

Transfer to Staff and Infrastructure ............................................................. .................... ¥90,900 

Program Adjustment ..................................................................................... .................... ¥5,000 

4 STAFF AND INFRASTRUCTURE (OCO) ............................................................... 0 642,834 

Civilian Pay Freeze ........................................................................................ .................... ¥1,500 

Transfer from title VI .................................................................................... .................... 220,634 

Transfer from Attack the Network ................................................................ .................... 280,800 

Transfer from Defeat the Device .................................................................. .................... 72,000 

Transfer from Train the Force ....................................................................... .................... 90,900 

Program Adjustment ..................................................................................... .................... ¥20,000 

TOTAL, JOINT IED DEFEAT FUND ........................................................... 2,577,500 2,441,984 

The conference agreement provides funding for the Joint Improvised Explosive Device Defeat Organization (JIEDDO) in title 

IX. The conferees believe that the requirements are war related 

and should be funded through Overseas Contingency Operations 

funding. 

The conferees direct JIEDDO to submit to the congressional 

defense committees monthly commitment, obligation, and expenditure data by line of operation and by year of appropriation. Further, the conferees direct JIEDDO to submit to the congressional 

defense committees monthly reports of obligation data on a project 

by project basis by line of operation. The conferees also continue 

the direction that JIEDDO follow standard reprogramming proceVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00784 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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781 

dures when transferring a cumulative amount of $20,000,000 or 

more between lines of operation. 

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides $11,055,000 for the Office 

of the Inspector General, as proposed by both the House and the 

Senate. 

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS 

[In thousands of dollars] 

Budget 

request Conference 

OPERATION AND MAINTENANCE ........................................................................................................... 11,055 11,055 

TOTAL, OFFICE OF THE INSPECTOR GENERAL ............................................................................ 11,055 11,055

GENERAL PROVISIONS—THIS TITLE 

The conference agreement for title IX incorporates general provisions from the House and Senate versions of the bill which were 

not amended. Those general provisions that were addressed in conference follow: 

The conference agreement retains a provision proposed by the 

Senate which provides for general transfer authority within title 

IX. The House bill contained a similar provision. 

The conference agreement modifies a provision proposed by the 

Senate concerning the Afghanistan Resources Executive Council 

approval of funding for projects under the Afghanistan Security 

Forces Fund, Afghanistan Infrastructure Fund, and the Commanders Emergency Response Program. The House bill contained 

a similar provision. 

The conference agreement modifies a provision proposed by the 

Senate concerning funding and guidelines for the Task Force for 

Business and Stability Operations in Afghanistan. The House bill 

contained a similar provision. 

The conference agreement retains a provision proposed by the 

Senate concerning transition activities of the Office of Security Cooperation in Iraq and security assistance teams. The House bill 

contained a similar provision. 

The conference agreement modifies a provision proposed by the 

Senate which reduces funding from title IX military personnel and 

operation and maintenance accounts to reflect reduced troop 

strength in theater. The House bill contained no similar provision. 

The conference agreement modifies a provision proposed by the 

House and the Senate recommending rescissions. The rescissions 

agreed to are: 

(RESCISSIONS)

2010 Appropriations: 

Overseas Contingency Operations Transfer Fund: 

Unobligated Balances .............................................................. $356,810,000 

Procurement of Ammunition, Army: 

Non-Lethal Capabilities .......................................................... 20,000,000 

Artillery Fuzes, All Types ....................................................... 1,000,000 


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782 

Other Procurement, Air Force: 

Intelligence Comm Equipment ............................................... 2,250,000 


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783 


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784 


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785 


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786 


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787 


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788 


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789 


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790 


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791 


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792 


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793 


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794 


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795 


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796 


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797 

DIVISION B—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2012 JOINT EXPLANATORY STATEMENT 

OF THE COMMITTEE OF CONFERENCE 

The language and allocations set forth in House Report 112–118 

and Senate Report 112–75 should be complied with unless specifically addressed to the contrary in the conference report and statement of managers. Report language included by the House which 

is not contradicted by the report of the Senate or the conference, 

and Senate report language which is not contradicted by the report 

of the House or the conference is approved by the committee of conference. The statement of managers, while repeating some report 

language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases where 

both the House report and Senate report address a particular issue 

not specifically addressed in the conference report or joint statement of managers, the conferees have determined that the House 

report and Senate report are not inconsistent and are to be interpreted accordingly. In cases in which the House or Senate have directed the submission of a report, such report is to be submitted 

to both the House and Senate Committees on Appropriations. 

Funds for the individual programs and activities within the accounts in this Act are displayed in the detailed table at the end of 

the explanatory statement for this Act. Funding levels that are not 

displayed in the detailed table are identified in this explanatory 

statement. 

TITLE I 

CORPS OF ENGINEERS—CIVIL 

DEPARTMENT OF THE ARMY 

CORPS OF ENGINEERS—CIVIL

The summary tables included in this title set forth the dispositions with respect to the individual appropriations, projects, and 

activities of the Corps of Engineers. The conference agreement includes no new starts as proposed by the House and Senate. Additional items of the Act are discussed below. 

INVESTIGATIONS

The conference agreement provides $125,000,000 for Investigations as proposed by the Senate, instead of $104,000,000 as proposed by the House. The Act does not include language regarding 

expenditure of funds as proposed by the House. 

The allocation for projects and activities within the Investigations account is shown in the following table: 


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798 


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799 


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800 


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801 


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802 

Additional Funding for Ongoing Work.—The fiscal year 2012 

budget request does not reflect the extent of need for project studies funding. The Corps has numerous continuing studies that will 

be suspended under the limits of the budget request. These studies 

could lead to projects with significant economic benefits, particularly by increasing national competitiveness through marine transportation improvements and by avoiding damages caused by flooding and coastal storms. The conference agreement includes additional funds to continue ongoing studies. While this additional 

funding is shown in the feasibility column, the Corps should utilize 

these funds in any applicable phase of work. The intent of these 

funds is for ongoing work that either was not included in the Administration’s request or was inadequately budgeted. In no case 

shall funds be used to initiate new studies within this account. 

A study shall be eligible for this funding if it has received funding, other than through a reprogramming, in at least one of the 

previous three fiscal years. Funding associated with each category 

may be allocated to any eligible study within that category; funding 

associated with each subcategory may be allocated only to eligible 

studies within that subcategory. The list of subcategories is not 

meant to be exhaustive. The conferees direct that priority in allocating these funds be given to completing or accelerating ongoing 

studies which will enhance the nation’s economic development, job 

growth and international competitiveness, or are for projects located in areas that have suffered recent natural disasters. 

Within 45 days of enactment of this Act, the Corps shall provide 

to the House and Senate Committees on Appropriations a work 

plan delineating how these funds are to be distributed and in 

which phase the work is to be accomplished. A document providing 

the Administration’s criteria for justifying the funding decisions 

made shall accompany this work plan. No funds shall be obligated 

for any project under this program which has not been justified in 

such a report. 

Water Resources Principles and Guidelines.—No funds are provided for the line item proposed for Water Resources Principles and 

Guidelines, as this is considered a new start. No funds provided to 

the Corps shall be used to develop or implement rules or guidance 

if an update or replacement to the document dated March 10, 1983, 

and entitled ‘‘Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies’’ is finalized during the fiscal year period covered by the Energy 

and Water Development Act for 2012. The Corps shall continue to 

use the Water Resources Principles and Guidelines in effect as of 

the date of enactment of this Act during that same period. 

CONSTRUCTION

The conference agreement provides $1,694,000,000 for Construction, instead of $1,565,191,000 as proposed by the House and 

$1,610,000,000 as proposed by the Senate. The Act does not include 

a rescission of $50,000,000 as proposed by the House. The Act does 

not include language regarding expenditure of funds as proposed by 

the House. 

The allocation for projects and activities within the Construction account is shown in the following table: 


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803 


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804 


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805 


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806 


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807 

Napa River, Salt Marsh Restoration, California.—The conferees 

support language in the Senate report regarding this project. 

Savannah Harbor Expansion, Georgia.—The budget request for 

this item that was proposed in the Investigations account has been 

moved to this account where it has been funded for the past 3 fiscal 

years. 

Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois.— The budget request includes funding for this project in both the 

Construction and Operation and Maintenance accounts. Since the 

submission, however, the Corps informed the Committees that the 

entire amount is required in the Construction account and no funding is needed in the Operation and Maintenance account. The conference agreement accommodates this shift in funding. 

Norfolk Harbor, Craney Island, Virginia.—The conferees support 

language in the Senate report regarding this project. 

Additional Funding for Ongoing Work.—The Corps has ongoing, 

authorized Construction projects that would cost tens of billions of 

dollars to complete, yet the Administration continues to request a 

mere fraction of the funding necessary to complete those projects. 

The conference agreement includes additional funds to continue ongoing projects and activities to enhance the nation’s economic 

growth and international competitiveness. The intent of these 

funds is for ongoing work that either was not included in the Administration’s request or was inadequately budgeted. None of these 

funds may be used to start new projects. None of these funds shall 

be used for projects in the Continuing Authorities Program. Funding associated with each category may be allocated to any eligible 

project within that category; funding associated with each subcategory may be allocated only to eligible projects within that subcategory. The list of subcategories is not meant to be exhaustive. 

The Corps shall evaluate all ongoing projects that have received funding, other than through a reprogramming, in at least 

one of the previous three fiscal years. Priority in allocating these 

funds should consider the following: number of jobs created directly 

by the funded activity; the benefits of the funded work to the national economy; ability to obligate the funds allocated within the 

fiscal year, including consideration of the ability of the non-federal 

sponsor to provide any required cost-share; ability to complete the 

project, separable element, or project phase within the funds allocated; for flood and storm damage reduction, population at risk and 

economic activity or public infrastructure at risk; and for navigation, number of jobs or level of economic activity to be supported 

by completion of the project, separable element, or project phase. 

Within 45 days of enactment of this Act, the Corps shall provide 

to the House and Senate Committees on Appropriations a work 

plan delineating how these funds are to be distributed. A document 

detailing the Administration’s specific criteria and project evaluations used to justify the funding decisions shall accompany this 

work plan. No funds shall be obligated for any project under this 

program which has not been justified in such a report. 

Continuing Authorities Program.—The conferees believe the various sections of the Continuing Authorities Program provide a useful tool for the Corps to undertake small localized projects without 

the lengthy study and authorization process typical of most larger 


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808 

Corps projects. The conference agreement rejects the Administration’s proposal to reprogram prior-year appropriations to fund only 

sections 111, 204, 206, and 1135 in fiscal year 2012. Instead a total 

of $49,430,000 is provided for eight CAP sections. The management 

of the program should continue consistent with the guidelines outlined in the Senate report. 

Inland Waterways Users Board.—The conferees note that the 

terms of all members of the Inland Waterways Users Board 

(IWUB) have expired and no appointments to reconstitute the 

Board have been forthcoming from the Secretary of the Army. The 

IWUB was created by Congress in the 1986 Water Resources Development Act for the express purpose of providing expert advice 

to the U.S. Army Corps of Engineers and to the Congress on the 

implementation of the inland waterways navigation infrastructure 

modernization programs. This aging system is vital to the movement of commerce. The conferees direct the Secretary of the Army 

to act on the appointments to the IWUB as expeditiously as possible. 

MISSISSIPPI RIVER AND TRIBUTARIES

The conference agreement provides $252,000,000 for Mississippi 

River and Tributaries, instead of $210,000,000 as proposed by the 

House and $250,000,000 as proposed by the Senate. The Act does 

not include language regarding expenditure of funds as proposed by 

the House. 

The allocation for projects and activities within the Mississippi 

River and Tributaries account is shown in the following table: 


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809 


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810 


jbell on DSK7SPTVN1PROD with REPORTSInsert graphic folio 1592 here HR331.235
811 

Additional Funding for Ongoing Work.—After a flood such as 

was experienced this year on the Mississippi River, the value of 

prior investments in the Mississippi River and Tributaries Project 

cannot be disputed. Yet considerable work remains to complete this 

vital project in the heart of our nation. The budget request reflects 

neither the need nor the importance of this project. Therefore, the 

conferees provide additional funds to continue ongoing studies, 

projects or maintenance. The conferees direct that these funds be 

used for flood control, navigation, water supply, ground water protection, waterfowl management, bank stabilization and environmental restoration work. The intent of these funds is for ongoing 

work primarily along the Mississippi River tributaries that either 

was not included in the Administration’s request or was inadequately budgeted. While this additional funding is shown under 

remaining items, the Corps should utilize these funds in any applicable phase of work. None of these funds may be used to start new 

projects or activities. 

The conferees direct that priority in allocating these funds be 

given to completing or accelerating ongoing work which will enhance the region and Nation’s economic development, job growth 

and international competitiveness, or is located in areas that have 

suffered recent natural disasters. Within 45 days of enactment of 

this Act, the Corps shall provide to the House and Senate Committees on Appropriations a work plan delineating how these funds 

are to be distributed. A document providing the Administration’s 

criteria for justifying the funding decisions made shall accompany 

this work plan. No funds shall be obligated for any project under 

this program which has not been justified in such a report. 

OPERATION AND MAINTENANCE

The conference agreement provides $2,412,000,000 for Operation 

and Maintenance, instead of $2,368,925,000 as proposed by the 

House and $2,360,000,000 as proposed by the Senate. The Act includes legislative language proposed by the House directing the 

Corps to allocate no more than 99 percent of the funds provided in 

this Act for Operation and Maintenance prior to the fourth quarter. 

This measure is intended to allow Headquarters flexibility to respond to national emergencies. The Act does not include language 

regarding expenditure of funds as proposed by the House. 

The allocation for projects and activities within the Operation 

and Maintenance account is shown in the following table: 


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812 


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813 


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814 


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815 


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816 


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817 


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818 


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819 


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820 


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821 


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822 


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823 


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824 


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825 


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826 


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827 


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828 


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829 


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830 


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831 


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832 


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833 

Additional Funding for Ongoing Work.—The fiscal year 2012 

budget request does not fund operation, maintenance, and rehabilitation of our nation’s aging infrastructure sufficiently to ensure 

continued competitiveness in a global marketplace. Federal navigation channels maintained at only a fraction of authorized dimensions, and navigation locks and hydropower facilities well beyond 

their design life result in economic inefficiencies and risks infrastructure failure, which cause substantial economic losses. The conferees believe that investing in operation, maintenance, and rehabilitation of infrastructure today will save taxpayers money in the 

future. 

The conference agreement includes additional funds to continue ongoing projects and activities. The intent of these funds is 

for ongoing work that either was not included in the Administration’s request or was inadequately budgeted. None of these funds 

may be used to start new projects or programs. The conferees direct that priority in allocating these funds be given to completing 

ongoing work maintaining authorized depths and widths of harbors 

and shipping channels, including where contaminated sediments 

are present, and for addressing critical maintenance backlog. Particular emphasis should be placed on projects where there is a U.S. 

Coast Guard presence; that will enhance national, regional, or local 

economic development; or that will promote job growth or international competitiveness. 

The conferees are concerned that the Administration’s criteria 

for navigation maintenance does not allow small, remote, or subsistence harbors and waterways to properly compete for scarce 

navigation maintenance funds. The conferees urge the Corps to revise the criteria used for determining which navigation maintenance projects are funded in order to develop a reasonable and equitable allocation under this account. The criteria should include 

the economic impact that these projects provide to local and regional economies, in particular, those with national defense or public health and safety importance. 

Funding associated with each category may be allocated to any 

eligible project within that category; funding associated with each 

subcategory may be allocated only to eligible projects within that 

subcategory. The list of subcategories is not meant to be exhaustive. Priority in allocating these funds should consider the following: number of jobs created directly by the funded activity; benefits to the local, regional or national economy; ability to obligate 

the funds allocated within the fiscal year; ability to complete the 

project, separable element, or project phase within the funds allocated; and risk of imminent failure or closure of the facility. 

Within 45 days of enactment of this Act, the Corps shall provide to the House and Senate Committees on Appropriations a 

work plan delineating how these funds are to be distributed. A document providing the Administration’s criteria for justifying the 

funding decisions made shall accompany this work plan. No funds 

shall be obligated for any project under this program which has not 

been justified in such a report. 

Coastal and Ocean Systems Data.—The conferees have provided funding to ensure the maintenance of wave observations and 

the expansion of the national wave monitoring network as outlined 


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834 

in the National Operational Wave Observation Plan. Funds are 

also included for continuation of integrated long-term beach surveys to monitor shoreline risk. 

REGULATORY PROGRAM

The conference agreement provides $193,000,000 for the Regulatory Program as proposed by the Senate, instead of $196,000,000 

as proposed by the House. The Act includes language making funds 

available until September 30, 2013, as proposed by the Senate. 

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

The conference agreement provides $109,000,000 for the Formerly Utilized Sites Remedial Action Program as proposed by the 

House and Senate. The Corps is directed to prioritize sites that are 

nearing completion. Within the funds provided in accordance with 

the budget request, the Corps is directed to complete the Remedial 

Investigation/Feasibility Study of the former Sylvania nuclear fuel 

site at Hicksville, New York, and, as appropriate, to proceed expeditiously to a Record of Decision and initiation of any necessary remediation in accordance with the Comprehensive Environmental 

Response, Compensation, and Liability Act (CERCLA). 

FLOOD CONTROL AND COASTAL EMERGENCIES

The conference agreement provides $27,000,000 for Flood Control and Coastal Emergencies as proposed by the House and Senate. 

EXPENSES

The conference agreement provides $185,000,000 for Expenses 

as proposed by the Senate, instead of $177,640,000 as proposed by 

the House. The Act includes language making funds available until 

September 30, 2013, as proposed by the Senate. Within the funds 

provided, the Institute for Water Resources is directed to submit to 

the Senate and House Committees on Appropriations within 180 

days of enactment of this Act, a report on how the Congress should 

address the critical need for additional port and inland waterway 

modernization to accommodate post-Panamax vessels. This study 

will not impede nor delay port or inland waterway projects already 

authorized by Congress. Factors for consideration should include 

costs associated with deepening and widening deep-draft harbors; 

the ability of the waterways and ports to enhance the nation’s export initiatives benefitting the agricultural and manufacturing sectors; the current and projected population trends that distinguish 

regional ports and ports that are immediately adjacent to population centers; the availability of inland intermodal access; and the 

environmental impacts resulting from the modernization of inland 

waterways and deep-draft ports. 

OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS

The conference agreement provides $5,000,000 for the Office of 

the Assistant Secretary of the Army for Civil Works as proposed by 

the House and Senate. The Act includes language making funds 

available until September 30, 2013, as proposed by the Senate. 


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ADMINISTRATIVE PROVISION

The conference agreement includes a provision relating to the replacement and hire of passenger motor vehicles as proposed by the 

House and Senate. 

GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes a provision proposed by the 

Senate relating to reprogramming. The House proposed a similar 

provision. 

The conference agreement does not include a provision proposed 

by the Senate regarding implementation of competitive sourcing or 

High Performance Organizations. The House proposed no similar 

provision. 

The conference agreement includes a provision proposed by the 

House prohibiting the use of funds to carry out any contract that 

commits funds beyond the amounts appropriated for that program, 

project, or activity. The Senate proposed no similar provision. 

The conference agreement includes a provision proposed by the 

House relating to continuing contracts and the Inland Waterway 

Trust Fund. The Senate proposed a similar provision. 

The conference agreement includes a provision proposed by the 

Senate relating to report notifications. The House proposed a similar provision. 

The conference agreement includes a provision proposed by the 

Senate providing the Corps of Engineers authorization for emergency measures to exclude Asian carp from the Great Lakes. The 

House proposed a similar provision. The conferees do not consider 

hydrologic separation of the Great Lakes Basin from the Mississippi River Basin to be an emergency measure authorized by 

this Act. The issue should be fully studied by the Corps of Engineers and considered by the appropriate congressional committees. 

The conference agreement includes a provision proposed by the 

House and Senate authorizing the transfer of funds to facilitate 

progress on the Greater New Orleans Hurricane and Storm Damage Risk Reduction System. 

The conference agreement includes a provision proposed by the 

House and Senate authorizing the transfer of funds to the Fish and 

Wildlife Service to mitigate for fisheries lost due to Corps of Engineers projects. 

The conference agreement does not include a provision proposed 

by the House regarding implementation of revised guidance on determining jurisdiction under the Clean Water Act. The Senate proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate authorizing employees to serve on an international commission. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate authorizing the acquisition of real property for the Cold Regions Research and Engineering Laboratory. The House proposed 

no similar provision. 

The conference agreement includes a provision proposed by the 

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quarters located at a military installation. The Senate proposed no 

similar provision. 

The conference agreement includes a provision proposed by the 

House regarding additional authority for the Corps to accept funding from non-federal sponsors for authorized federal projects. The 

Senate proposed no similar provision. The conferees do not expect 

these changes to result in more architect-engineer design work 

being undertaken by Corps personnel. The conferees expect the 

Corps to continue its contracting efforts for such services as in 

prior years. 

The conference agreement does not include a provision proposed 

by the Senate regarding restrictions on the use or maintenance of 

any federal dredge. The House proposed no similar provision. 

The conference agreement does not include a provision proposed 

by the Senate relating to maintenance standards for the federal 

dredging fleet. The House proposed no similar provision. 

The conference agreement does not include a provision proposed 

by the Senate relating to health and safety improvements to the 

dredge ‘‘McFarland’’. The House proposed no similar provision. 

The conference agreement modifies a provision proposed by the 

Senate relating to deed restrictions in Benton County, Washington. 

The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate deauthorizing a portion of the Block Island Harbor of Refuge in Rhode Island. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate relating to improvements to installations and facilities of 

the Engineer Research and Development Center. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate relating to the disposition of acquired land in the Passaic 

River Basin in New Jersey. The House proposed no similar provision. 

The conference agreement modifies a provision proposed by the 

Senate relating to disposal sites in Long Island Sound. The House 

proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate deauthorizing a portion of the Newport Harbor in Rhode Island. The House proposed no similar provision. 

The conference agreement includes a provision proposed in Title 

VI of the House bill relating to FERC Project number 2342. The 

Senate proposed no similar provision. 

The conference agreement includes a provision proposed in 

Title VI of the House bill prohibiting funds for the Missouri River 

Authorized Purposes Study. The Senate proposed no similar provision. 

The conference agreement includes a provision proposed in Title 

VI of the House bill relating to section 5018(a)(1) of the Water Resources Development Act of 2007 regarding Missouri River Recovery. The Senate proposed no similar provision. The conferees are 

aware of the challenges associated with water management in the 

Missouri River Basin and urge all parties to work cooperatively in 

addressing these issues. 


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TITLE II 

DEPARTMENT OF THE INTERIOR 

CENTRAL UTAH PROJECT

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

The conference agreement provides a total of $28,704,000 for the 

Central Utah Project as proposed by the House, instead of 

$28,991,000 as proposed by the Senate. 

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $895,000,000 for Water and 

Related Resources, instead of $822,300,000 as proposed by the 

House and $885,670,000 as proposed by the Senate. The Act does 

not include a restriction on projects carried out by the Youth Conservation Corps (YCC) as proposed by the House, but the conferees 

direct the Bureau of Reclamation to report to the House and Senate Committees on Appropriations by January 1, 2015, on the use 

of the YCC for carrying out Reclamation projects. The Act does not 

include language regarding expenditure of funds as proposed by the 

House. 

The conference agreement for Water and Related Resources is 

shown in the following table: 


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839 


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840 


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841 


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842 


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Indian Water Rights Settlements.—The conference agreement 

includes funds for these activities in the Water and Related Resources account as proposed by both the House and Senate, instead 

of in a separate account as proposed in the budget request. 

San Joaquin River Restoration.—The conference agreement 

does not include a separate account for this item. Funding is included in the Water and Related Resources account as a separate 

line item under the Friant Division of the Central Valley Project. 

The conferees note that the San Joaquin River Restoration Settlement Act has two goals: to restore and maintain fish populations 

in good condition and to reduce or avoid adverse water supply impacts to long-term contractors and other water users. The conferees 

direct the Bureau of Reclamation to continue to work with all relevant state and federal agencies, settlement parties, and third 

party interests to address all concerns so the mutual goals of the 

Settlement Act can be achieved. 

Arthur Bowman Dam.—The conference agreement includes 

House direction regarding hydropower development at Arthur Bowman Dam located in Crook County, Oregon. 

Buried Metallic Water Pipe.—The conferees are aware of several concerns regarding implementation and review of Reclamation’s Technical Memorandum 8140–CC–2004–1 (‘‘Corrosion Considerations for Buried Metallic Water Pipe’’). Specifically, the conferees are concerned that Reclamation’s use of this memorandum 

may be holding different materials to different standards of reliability and increasing project costs unnecessarily. Therefore, Reclamation should not use the memorandum as the sole basis to deny 

funding or approval of a project or to disqualify any material from 

use in highly corrosive soils. Additionally, the conferees direct Reclamation to follow the recommendation of the National Academy of 

Sciences to assemble data on pipeline reliability for all types of 

pipe specified in Table 2 of Technical Memorandum 8140–CC– 

2004–1 along with the specified corrosion protection applied in the 

various soil types (‘‘Review of the Bureau of Reclamation’s Corrosion Prevention Standards for Ductile Iron Pipe’’ (2009)) and to 

conduct an analysis of the performance of these types of pipe installed in the same or similar conditions. This review should also 

include an analysis of the economics, cost-effectiveness and lifecycle costs associated with the various materials under evaluation. 

Additional Funding for Water and Related Resources Work.— 

The conference agreement includes additional funds as proposed by 

the Senate. The conferees direct that priority in allocating these 

funds should be to advance and complete ongoing work, improve 

water supply reliability, improve water deliveries, enhance regional 

or local economic development, promote job growth or for critical 

backlog maintenance and rehabilitation activities. Within 30 days 

of enactment, Reclamation shall provide to the House and Senate 

Committees on Appropriations a report delineating how these 

funds are to be distributed, in which phase the work is to be accomplished, and an explanation of the criteria and rankings used 

to justify each allocation. This report shall also include the reassessment of allocation among rural water systems as directed by 

the House. 


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CENTRAL VALLEY PROJECT RESTORATION FUND

The conference agreement provides $53,068,000 for the Central 

Valley Project Restoration Fund, as proposed by the House and 

Senate. 

CALIFORNIA BAY-DELTA RESTORATION

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $39,651,000 for the California Bay-Delta Restoration program as proposed by the Senate, 

instead of $35,928,000 as proposed by the House. 

POLICY AND ADMINISTRATION

The conference agreement provides $60,000,000 for Policy and 

Administration as proposed by the House and Senate. The Act includes language making funds available until September 30, 2013, 

as proposed by the Senate. 

ADMINISTRATIVE PROVISION

The conference agreement includes a provision limiting the Bureau of Reclamation to purchase not more than five passenger vehicles for replacement only, as proposed by the House. 

GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 

The conference agreement includes a provision proposed by the 

Senate outlining the circumstances under which the Bureau of Reclamation may reprogram funds. The House proposed a similar provision. 

The conference agreement includes a provision proposed by the 

House and Senate regarding the San Luis Unit and the Kesterson 

Reservoir in California. 

The conference agreement does not include a provision proposed by the House permanently rescinding mandatory funds from 

the San Joaquin River Restoration Fund. The Senate proposed no 

similar provision. 

The conference agreement includes a provision proposed by the 

Senate regarding the Lake Mead/Las Vegas Wash Program. The 

House proposed no similar provision. 

The conference agreement modifies a provision proposed by the 

Senate extending authorizations under the Water Desalination Act 

of 1996. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate regarding the Bay Delta Conservation Plan. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate regarding participation in non-federal groundwater banking 

programs. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate regarding water transfers in California. The House proposed no similar provision. 

The conference agreement does not include a provision proposed by the Senate regarding expenditure of mandatory funds 


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under the San Joaquin River Restoration Fund. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate regarding the Desert Terminal Lakes Program. The House 

proposed no similar provision. 

TITLE III 

DEPARTMENT OF ENERGY 

The summary tables at the end of this title set forth the dispositions with respect to the individual appropriations, programs, 

and activities of the Department of Energy. Additional items in the 

Act are discussed below. 

The conference agreement provides $25,748,081,000 for the De- partment of Energy, instead of $24,722,046,000 as proposed by the 

House and $25,548,976,000 as proposed by the Senate, to fund programs in its five primary mission areas: science, energy, environment, nuclear non-proliferation and national security. 

Contractor Pensions and Benefits.—The conferees support actions taken to improve headquarters oversight of contractor pensions and other post-retirement benefits. Given the government has 

assumed the long-term liability for pension costs, the conferees encourage the Department to evaluate alternatives to contractually 

formalize requirements for the management of pension and other 

post-retirement benefits. Instead of the House direction on reporting requirements for pensions and prohibition on contribution 

amounts, the conferees direct the Department to report current 

plan status, funding ratios, reimbursement levels, projected plan 

status at budgeted levels, and any updates to funding ratios and 

contributions with or as supplemental information to the budget request. This information should be updated in April and September 

of each year. Changes to expected contribution levels should be 

clearly explained and the Department should note any changes in 

plan management that have impacted contribution amounts. Any 

funding request which proposes a contribution in excess of the minimum ERISA or Pension Protection Act requirements should include a detailed justification. 

Nuclear Safety.—Instead of the House direction for a safety review of all cleanup sites, the conferees direct the Secretary of Energy to review all Department of Energy nuclear facility construction projects with a total project cost greater than $1,000,000,000 

to determine if those projects are being managed in a way which 

could pressure contractors or Department managers to disregard 

nuclear safety in order to demonstrate acceptable project performance. The review should investigate contract management, including the award of contractor fee, project management practices, and 

the framing of program and policy goals to evaluate if Department 

practices have complicated efforts to foster a positive nuclear safety 

culture or resolve nuclear safety-related design issues. The Secretary shall report to the House and Senate Committees on Appropriations no later than May 1, 2012, on improvements to contracting and other management practices which will assist Department managers in ensuring that design flaws and safety issues do 

not go ignored or unrecognized. 


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H-Canyon.—Instead of the House requirement to provide funding to the National Academy of Sciences, the Department shall conduct its own review to explore the full range of potential uses for 

the chemical processing areas of H-Canyon at the Savannah River 

Site and report back to the House and Senate Committees on Appropriations within 3 months of enactment of this Act. The options 

considered should not be limited to uses by the Office of Environmental Management, but should incorporate uses which may contribute to meeting the goals of other program offices within the Department of Energy and the National Nuclear Security Administration. 

Exascale Computing.—The conferees support the Department’s 

initiative to develop exascale computing as a crucial component of 

long-term U.S. leadership, but are concerned that the Department 

has not yet developed an integrated strategy and program plan. 

The Department is directed to submit to the House and Senate 

Committees on Appropriations, not later than February 10, 2012, 

a joint, integrated strategy and program plan for the crosscutting 

effort to develop exascale computing that includes: 

—a target date for developing an operational exascale platform; 

—interim milestones toward reaching that target; 

—minimum requirements for an exascale system, including 

power consumption efficiency goals; 

—multi-year budget estimates for the exascale initiative and 

costs of meeting each interim milestone; 

—clear roles and responsibilities for each office involved in 

exascale research and development; and 

—a complete listing of exascale activities included in the fiscal year 2013 budget request broken out by program, project 

and activity with comparisons to the current year’s funding 

levels. 

Energy Innovation Hubs.—For each Energy Innovation Hub 

funded in this Act, the Department is directed to deliver to the 

House and Senate Committees on Appropriations, not later than 

120 days after enactment of this Act, a report detailing milestones 

and performance goals for the end of each of the Hub’s five fiscal 

years, and specific milestones and performance criteria the Hub 

must meet to be considered for a second five-year term. For Hubs 

established in prior fiscal years, the report shall include current 

performance against planned milestones, and a summary of 

progress against plans for staffing and facilities. For new Hubs, the 

report shall include a plan and timeline for selecting an awardee. 

PCAST Recommendations.—The conferees direct the Secretary 

of Energy, within 6 months of enactment of this Act, to submit a 

report detailing how the Department has or will implement in all 

Energy Programs the following features that have been used successfully in ARPA-E and highlighted by the President’s Council of 

Advisors on Science and Technology: 

—a rigorous review process; 

—contract or grant negotiations completed in just a few 

months; 


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—co-location within the program offices of such support functions as procurement, contracts, human resources, and information technology services; and 

—an agile and innovative workforce. 

REPROGRAMMING REQUIREMENTS

The conference agreement carries the Department’s reprogramming authority in statute to ensure that the Department carries 

out its programs consistent with congressional direction, as proposed by the House. This modified provision includes reprogramming authority internal to each account, as long as no program, 

project or activity is increased or decreased by more than 

$5,000,000 or 10 percent, compared to the levels included in the 

‘‘Conference’’ column in the ‘‘Department of Energy’’ table included 

under the heading ‘‘Title III—Department of Energy’’ in this joint 

explanatory statement. No new transfer authority between accounts other than that explicitly granted in this Act is included or 

implied. The conferees expect the Department to use this additional flexibility to improve budget execution, meet emergent program needs, and reduce program costs. For reallocations above the 

$5,000,000 or 10 percent cumulative threshold, a reprogramming 

request must be submitted to the House and Senate Committees on 

Appropriations for consideration and may not be implemented prior 

to approval by the Committees. Any reallocation of new or prioryear budget authority or prior-year de-obligations, or any request 

to implement a reorganization which includes moving previous appropriations between appropriations accounts must be submitted to 

the House and Senate Committees on Appropriations in writing 

and may not be implemented prior to approval by the Committees. 

Definitions.—A reprogramming includes the reallocation of 

funds from one program, project or activity to another within an 

appropriation. 

The conferees are concerned the Department is over-committing future budgets by announcing multi-year awards subject to future appropriations for a substantial portion of activities within 

Energy Programs. The Department is directed to transition to a 

model in which it fully funds multi-year awards with appropriated 

funds, except in the cases of major capital projects, management 

and operating contracts, and large research centers which require 

multi-year awards subject to appropriations. As part of that transition, the conference agreement includes a provision requiring that 

any multi-year award must be subject to appropriations and the 

Department must notify the House and Senate Committees on Appropriations at least 14 calendar days prior to public announcement of the award. The Department shall deliver each notification 

as a cumulative list of all notifications under this subsection, to include: recipient; appropriations account, program, and activity; 

award date; total amount of award; amount awarded from fiscal 

year 2012 appropriations; amount awarded from prior appropriations; amount awarded subject to future appropriations; and an explanation of the special circumstances justifying commitment of future funds. The conferees do not include a House provision prohibiting the use of multi-year awards, but will reconsider this legislaVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00851 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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tive prohibition in future years depending on the Department’s performance in transitioning to fully funding its multi-year awards. 

ENERGY PROGRAMS 

ENERGY EFFICIENCY AND RENEWABLE ENERGY

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $1,825,000,000 in new 

budget authority for Energy Efficiency and Renewable Energy, instead of $1,308,436,000 as proposed by the House and 

$1,795,641,000 as proposed by the Senate, and rescinds $9,909,000 

in prior-year balances. 

The conference agreement does not include a Senate provision 

directing energy efficiency rulemakings for televisions and set-top 

boxes within 12 months of enactment of this Act. The conference 

agreement does not include a Senate provision regarding the Defense Production Act. 

Biomass and Biorefinery Systems Research and Development.— 

The conferees strongly encourage the Department to conduct only 

research, development, and demonstration activities advancing 

technologies that produce fuels and electricity from biomass, crops 

and crop components that could not otherwise be used as food. To 

that end, the conferees support efforts to develop cellulosic feedstocks and direct the Department to consider a broad portfolio of 

options, including biofuels sources such as the non-food components 

of biomass sorghum. 

Within available funds, a total of $30,000,000 is provided for 

algae biofuels. The conference agreement includes no funds for the 

cellulosic biofuels reverse auction proposed in the request. 

Solar Energy.—The conferees support the Department’s existing solar energy research, development, and demonstration activities, and encourage the Department to include in these efforts disruptive solar energy utilization technologies, fabrication methods 

that yield ultra-low cost solar cells, technologies for ultra-high efficiency solar cells, technologies designed to simulate the operation 

of solar cells, and other methods to yield advanced science and engineering approaches to solar cells. 

Wind Energy.—The conferees support the Department’s efforts 

to develop advanced offshore wind energy technologies, including 

freshwater, deepwater, shallow water, and transitional depth installations. 

Geothermal Technology.—The Geothermal Technology program 

may not announce new funding opportunities that result in total 

mortgages on future fiscal years in excess of half of the program’s 

fiscal year 2012 appropriation. Within available funds, the conferees direct the Department to make not less than $5,000,000 

available to continue development and deployment of low-temperature geothermal systems. The Department shall continue its support of comprehensive programs that support academic and professional development initiatives. For future awards, the full spectrum of geothermal technologies as authorized by the Energy Independence and Security Act of 2007 (Public Law 110–140) shall be 


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eligible for the funds appropriated for Geothermal Technology by 

this Act. 

Water Power.—The conference agreement provides $59,000,000 

for Water Power, of which $34,000,000 is for marine and 

hydrokinetic technology research, development and demonstration, 

and $25,000,000 is for conventional hydropower research, development and demonstration. Within available funds, the Department 

is directed to provide not less than $10,000,000 to build necessary 

infrastructure, including environmental performance monitoring, at 

marine and hydrokinetic industry testing sites designated by the 

Department as National Marine Renewable Energy Centers. 

Vehicle Technologies.—The conference agreement includes 

$28,244,000 for lightweight materials, to include $4,000,000 for 

modeling and design for vehicle optimization. The conferees provide 

$28,000,000 for Vehicle Technologies Deployment, of which 

$3,000,000 is to commission a National Academies study on electric 

vehicle market barriers, as directed in the House report. 

Building Technologies.—The conference agreement includes 

$24,300,000 for the Energy Efficient Building Systems Design Energy Innovation Hub, and the House direction for a strategic plan 

regarding geothermal heat pumps. The conferees provide 

$25,832,000 for lighting research and development, to include 

$12,000,000 for research and development into manufacturing improvements for general illumination solid state lighting. The conference agreement includes no funds within Commercial Buildings 

Integration for new state and municipal government grant programs relating to codes, performance standards and regulations. 

Industrial Technologies.—The conference agreement includes 

$20,000,000 for the Energy Innovation Hub for Critical Materials. 

Within available funds, the conference agreement includes not less 

than $4,205,000 for improvements in production in the steel industry, and the Department is directed to continue supporting improvements in mechanical insulation. The Department is directed 

to continue funding mortgages on all past multi-year awards within 

the Combined Heat and Power program, unless a project fails to 

meet milestones or other terms of the award. The conferees provide 

no funding for Manufacturing Energy Systems. 

Strategic Programs.—The Department is directed to only fund 

activities within the International Program that directly benefit domestic industry, increase American energy self-sufficiency, further 

United States research efforts, or reduce domestic pollution. Within 

available funds, the conference agreement includes $2,000,000 for 

the U.S.-Israel energy cooperative agreement. 

Weatherization Assistance.—The conference agreement includes 

a provision giving the Secretary authority to waive the weatherization formula in order to distribute fiscal year 2012 funds to states, 

once they have spent all prior-year and emergency funds, at a rate 

of spending consistent with the fiscal year 2011 level. 

ELECTRICITY DELIVERY AND ENERGY RELIABILITY

The conference agreement provides $139,500,000 for Electricity 

Delivery and Energy Reliability, instead of $139,496,000 as proposed by the House and $141,010,000 as proposed by the Senate. 


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The conferees provide $25,490,000 for Clean Energy Transmission and Reliability, and include no funds for the proposed 

Smart Grid Technology and Systems Energy Innovation Hub. The 

conference agreement includes $24,000,000 for Smart Grid Research and Development, $20,000,000 for Energy Storage, and 

$30,000,000 for Cyber Security for Energy Delivery Systems. 

NUCLEAR ENERGY

The conference agreement provides $768,663,000 for nuclear energy activities, instead of $733,633,000 as proposed by the House 

and $583,834,000 as proposed by the Senate. 

The conferees direct the Department to develop a strategy for 

the management of spent nuclear fuel and other nuclear waste 

within 6 months of publication of the final report of the Blue Ribbon Commission on America’s Nuclear Future. 

Nuclear Energy Enabling Technologies.—The conference agree- ment provides $74,880,000, to include $14,580,000 for the National 

Science User Facility at Idaho National Laboratory, $24,300,000 for 

the Modeling and Simulation Energy Innovation Hub, and 

$36,000,000 for Crosscutting Research. 

Small Modular Reactor Licensing Technical Support.—The 

conference agreement includes $67,000,000 to provide licensing and 

first-of-a-kind engineering support for small modular reactor designs that can be deployed expeditiously, to be administered as 

specified in the budget request. The Department is directed to consider applications utilizing any small modular reactor technologies. 

The conferees expect the program to total $452,000,000 over five 

years. 

Reactor Concepts Research and Development.—The conferees 

provide $115,544,000, to include $28,674,000 for Small Modular Reactors Advanced Concepts and $21,870,000 for Advanced Reactor 

Concepts. The conference agreement includes $25,000,000 for Light 

Water Reactor Sustainability. Within available funds, the Department is directed to conduct research and development furthering 

knowledge on how long the current fleet of reactors can safely operate. 

The conference agreement includes $40,000,000 for the Next Generation Nuclear Plant program, $30,000,000 of which is to accelerate fuel development and qualification activities and 

$10,000,000 of which is to continue ongoing research and development projects begun in prior fiscal years. 

Fuel Cycle Research and Development.—The conference agreement provides $187,351,000. 

The conference agreement includes $60,000,000 for Used Nuclear Fuel Disposition. Within available funds, $10,000,000 is for 

development and licensing of standardized transportation, aging, 

and disposition canisters and casks. Multiple geologic repositories 

will ultimately be required for the long-term disposition of the nation’s spent fuel and nuclear waste; the Department should build 

upon its current knowledge base to fully understand all repository 

media and storage options and their comparative advantages, and 

the conferees direct the Department to focus, within available 

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ships to manage spent nuclear fuel and high level waste, and 

$7,000,000 on characterization of potential geologic repository 

media. The Department is directed to preserve all documentation 

relating to Yucca Mountain, including technical information, 

records, and other documents, as well as scientific data and physical materials. 

The conference agreement includes $10,000,000 to expand the 

Department’s capabilities for assessing issues related to the aging 

and safety of storing spent nuclear fuel, to include experimentation, 

modeling, and simulation for dry storage casks, as well as for spent 

fuel pools, as necessary. 

The conference agreement includes $59,000,000 for Advanced 

Fuels, and directs that priority for the increase in funding be given 

to efforts to develop and qualify meltdown-resistant, accident-tolerant nuclear fuels that would enhance the safety of light water reactors. 

Radiological Facilities Management.—The conference agreement provides $64,902,000 for space and defense infrastructure, to 

include $15,000,000 for nuclear infrastructure at Oak Ridge National Laboratory. The conferees provide no funds for the Plutonium–238 Production Restart Project. 

FOSSIL ENERGY RESEARCH AND DEVELOPMENT

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $534,000,000 in new budget authority for Fossil Energy Research and Development, instead 

of $476,993,000 as proposed by the House and $445,471,000 as proposed by the Senate, and rescinds $187,000,000 in prior-year balances, as proposed by the Senate. The conference agreement does 

not include the use of prior-year balances, as proposed by the 

House and the Senate. 

CCS and Power Systems.—The conferees provide $368,609,000 

for CCS and Power Systems. The conference agreement includes 

$100,000,000 for Advanced Energy Systems, to include $5,000,000 

for Coal and Coal-Biomass to Liquids, and not less than 

$25,000,000 to continue research, development, and demonstration 

of solid oxide fuel cell systems. 

Within CCS and Power Systems, the conference agreement includes $35,031,000 for NETL Coal Research and Development, to 

include Integrated Gasification Combined Cycle, Turbines, Carbon 

Sequestration, Fuels, Fuel Cells, and Advanced Research activities. 

The reduction in Program Direction funding reflects the relocation 

of NETL Direct Program Direction into this research line, in order 

to increase transparency by grouping together all fossil energy research activities and by including only oversight and management 

activities within Program Direction. The Department is directed to 

continue including in the budget request all full-time equivalent information within this program line, as it has been doing previously 

within Program Direction. 

Natural Gas Technologies.—The conference agreement provides $15,000,000, of which $10,000,000 is for gas hydrates research. 


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Other Programs.—Within available funds, the conference 

agreement includes $2,000,000 for the Department to continue the 

Risk Based Data Management System. 

NAVAL PETROLEUM AND OIL SHALE RESERVES

The conference agreement provides $14,909,000 for the operation of the Naval Petroleum and Oil Shale Reserves as proposed 

by the House and Senate. 

STRATEGIC PETROLEUM RESERVE

The conference agreement provides $192,704,000 for the Strategic Petroleum Reserve as proposed by the House and Senate. 

SPR PETROLEUM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

The conference agreement includes a rescission of funds in the 

amount of $500,000,000 from existing balances within this account, 

rather than direction included in the House and Senate bills to sell 

an additional $500,000,000 of Reserves to enable operational maintenance of the caverns. A sale in calendar year 2011 unanticipated 

by the Administration’s fiscal year 2012 budget request provides 

the necessary flexibility to address the infrastructure needs. The 

conference agreement includes no repeal or modification of royaltyin-kind provisions, as proposed by the Senate and House, respectively. 

NORTHEAST HOME HEATING OIL RESERVE

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $10,119,000 for the Northeast Home Heating Oil Reserve as proposed by the House and Senate. The conference agreement includes a rescission of excess revenues from a sale in fiscal year 2011, valued at approximately 

$100,000,000, as proposed by the House and Senate. The conference agreement includes a provision proposed by the House affirming the Administration’s plans to limit the size of the Reserve 

to one million barrels of petroleum distillate. 

ENERGY INFORMATION ADMINISTRATION

The conference agreement provides $105,000,000 for the Energy Information Administration. 

NON-DEFENSE ENVIRONMENTAL CLEANUP

The conference agreement provides $235,721,000 for Non-Defense Environmental Cleanup, instead of $254,121,000 as proposed 

by the House and $219,121,000 as proposed by the Senate. 

Small Sites.—The conference agreement provides $67,430,000 

for Small Sites. In response to a lack of progress on addressing existing contamination and seismic deficiencies within buildings that 

are located in heavily used areas at some Department national laboratories, the Department is directed to use additional funds above 


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the amount requested to improve health and safety by cleaning up 

existing contamination and improving the seismic standards of 

buildings within Department laboratory grounds. The conference 

agreement directs the Department to provide a report on Small 

Sites as directed in the House and Senate reports within 3 months 

of enactment of this Act. 

URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING

FUND

The conference agreement provides $472,930,000 for activities 

funded from the Uranium Enrichment Decontamination and Decommissioning Fund, instead of $449,000,000 as proposed by the 

House and $429,000,000 as proposed by the Senate. This amount 

includes post closure contract liabilities, pensions, and community 

and regulatory program support. The conference agreement does 

not include the House provision restricting the Department’s use of 

up to $150,000,000 in proceeds from the barter, transfer, or sale of 

uranium to carry out uranium enrichment facility decontamination 

and decommissioning and remedial actions. 

The conferees are aware that the Department has yet to alter 

the contractual mechanism by which it has been transferring uranium to a contractor in exchange for additional cleanup services at 

Portsmouth in order to correct the violations of federal law cited in 

the Government Accountability Office’s report ‘‘Clarifying DOE’s 

Disposition Options Could Help Avoid Further Legal Violations’’ 

(GAO–11–846). This type of arrangement continues to be off-budget 

and inappropriately bypasses the congressional appropriations 

process. There is also considerable concern that the increasing 

amount of uranium being transferred could destabilize the uranium 

market and thereby adversely impact our domestic uranium mining industry. 

The conferees request the Comptroller General to report to the 

Committees on Appropriations of the House of Representatives and 

the Senate, not later than March 15, 2012, on the progress the Department has made in resolving the concerns raised in GAO–11– 

846. To increase transparency into Department of Energy actions, 

the Department shall fully adhere to the reporting requirements in 

this Act and have a current determination by the Secretary that 

any barter, transfer or sale of uranium carried out by the Department will not have an adverse material impact on the domestic 

uranium mining, conversion, or enrichment industry. The Department is further directed to provide the full details of any proposed 

barter, transfer or sale of uranium in its fiscal year 2013 budget 

request. 

SCIENCE

The conference agreement provides $4,889,000,000 for Science, 

instead of $4,800,000,000 as proposed by the House and 

$4,842,665,000 as proposed by the Senate. 

The conference agreement includes the House direction for a 

report regarding underrepresented college minorities in science, 

technology, engineering, and mathematics areas. 


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In order to increase transparency and accountability across all 

Science activities, the Department is directed, not later than September 1, 2012, to create a performance ranking of all ongoing 

multi-year research projects across the six major Science research 

programs, including those at universities, national laboratories, 

Energy Frontier Research Centers, Energy Innovation Hubs and 

other recipients, by comparing current performance with original 

project goals. The report shall include an inventory of the number 

and dollar amount of awards that have been terminated in fiscal 

years 2011 and 2012 before their multi-year awards have concluded. 

The conferees direct the Department to provide to the House 

and Senate Committees on Appropriations, not later than February 

10, 2012, a budget scenario for fiscal years 2013 and 2014 with the 

Office of Science funded at the fiscal year 2012 level, highlighting 

funding levels for each major program and project, including activities, such as ITER, with scheduled changes in funding requirements. 

Advanced Scientific Computing Research.—The conferees pro- vide $442,000,000 for Advanced Scientific Computing Research. 

The conferees support the exascale initiative, but note that future 

funding for the initiative is contingent upon delivery of the joint 

exascale plan, as directed. The conferees provide the budget request for the Leadership Computing Facilities and for High Performance Production Computing, in support of continuing petascale 

upgrades at the three facilities. 

Basic Energy Sciences.—The conference agreement provides $1,694,000,000 for Basic Energy Sciences. The conference agreement includes $24,300,000 to continue the Fuels from Sunlight Energy Innovation Hub, and $20,000,000 to establish the Batteries 

and Energy Storage Energy Innovation Hub. The conference agreement includes up to $100,000,000 for the existing Energy Frontier 

Research Centers; $10,000,000 for predictive modeling of internal 

combustion engines; $8,520,000 for the Experimental Program to 

Stimulate Competitive Research; and no funding for gas hydrates 

research within the Office of Science. 

The conference agreement includes $97,000,000 to fund each 

major item of equipment at the level provided in the budget request. Funding provided for the Linac Coherent Light Source II at 

SLAC is for the exploration and design of the two-tunnel option. 

Biological and Environmental Research.—The conference 

agreement provides $611,823,000 for Biological and Environmental 

Research. Within available funds, the conference agreement includes $12,000,000 to continue nuclear medicine research with 

human application. The conferees direct the Department to report 

to the House and Senate Committees on Appropriations, not later 

than June 1, 2012, on the Administration’s strategy to continue 

funding this research through more appropriate federal agencies 

with health-focused missions. 

Within available funds, $16,000,000 is provided for 

radiobiology to help determine health risks from exposures to low 

levels of ionizing radiation to properly protect radiation workers 

and the general public, and to conduct studies of health impacts at 

and around the Fukushima Daiichi nuclear plant. 


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Fusion Energy Sciences.—The conference agreement provides 

$402,177,000 for Fusion Energy Sciences, of which not more than 

$105,000,000 is for U.S. Contributions to ITER. The conference 

agreement includes $24,741,000 for the High Energy Density Laboratory Plasma program, of which $12,000,000 is to be evenly distributed among heavy-ion fusion, laser-driven fusion, and magnetoinertial fusion. The conference agreement includes direction for the 

submission of a 10-year fusion plan as provided by both the House 

and Senate. 

High Energy Physics.—The conference agreement provides 

$791,700,000 for High Energy Physics research. 

The conferees understand that the United States has unique 

capabilities to develop a world-leading neutrino science program. 

To begin the transition to the intensity frontier, the conferees provide $21,000,000 for the Long Baseline Neutrino Experiment, 

which includes $17,000,000 for research and development and 

$4,000,000 for project engineering and design. The conferees provide no funding for long-lead procurements or construction activities. The conferees are concerned that this project is not mature 

enough for construction because a location and technology for the 

underground detectors has not been selected. Before consideration 

of congressional approval of construction, the Department is directed to provide to the House and Senate Committees on Appropriations a detailed project plan and refined total cost estimate for 

construction, not later than April 1, 2012. 

Within available funds, the conferees provide $15,000,000 as 

requested, $10,000,000 within High Energy Physics and $5,000,000 

within Nuclear Physics, to support minimal, sustaining operations 

at the Homestake Mine in South Dakota. 

Nuclear Physics.—The conference agreement provides 

$550,000,000 for Nuclear Physics. Within available funds, the conference agreement includes $22,000,000 for the Facility for Rare 

Isotope Beams, and $50,000,000 for the 12 GeV upgrade of the 

Continuous Electron Beam Accelerator Facility. 

Workforce Development for Teachers and Scientists.—The conference agreement provides $18,500,000 for Science Workforce Development. Within available funds, up to $5,000,000 is for the graduate fellowship program to fund the existing cohort established in 

fiscal year 2010. 

Science Laboratories Infrastructure.—The conference agreement provides $111,800,000 for Science Laboratories Infrastructure. 

Safeguards and Security.—The conference agreement provides 

$82,000,000 for Safeguards and Security. 

Science Program Direction.—The conference agreement provides $185,000,000 for Science Program Direction. No funds shall 

be used to hire new site office personnel, except for field staff at 

the Integrated Support Centers in Chicago and Oak Ridge. 

NUCLEAR WASTE DISPOSAL

The conference agreement provides $0 for nuclear waste disposal, as proposed by the Senate, instead of $25,000,000 as proposed by the House. 


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ADVANCED RESEARCH PROJECTS AGENCY—ENERGY

The conference agreement provides $275,000,000 for the Advanced Research Projects Agency—Energy, of which $20,000,000 is 

provided for Program Direction. 

TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM

The conference agreement provides $38,000,000 for administrative expenses for the Title 17 Innovative Loan Guarantee Program, 

as proposed by the House and Senate. This appropriation is fully 

offset by revenue, resulting in a $0 net appropriation. The conference agreement includes no funding for new loan guarantees, instead of $160,000,000 as proposed by the House and $200,000,000 

as proposed by the Senate. 

ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN

PROGRAM

The conference agreement provides $6,000,000 for Advanced 

Technology Vehicles Manufacturing Loan Program, as proposed by 

the House and Senate. 

DEPARTMENTAL ADMINISTRATION

The conference agreement provides $237,623,000 for Departmental Administration as proposed by the Senate, instead of 

$63,374,000 as proposed by the House. The conferees provide 

$1,000,000 within available funds to contract with the National 

Academy of Public Administration (NAPA) for an independent review of the management and oversight of the Department’s national laboratories. NAPA should consider such issues as whether 

existing laboratory performance metrics for the Department’s management and operations contractors measure critical aspects of 

their performance and how the Department utilizes performance 

metrics and data. NAPA should coordinate with the GAO and the 

National Academy of Sciences over the course of its study to prevent duplication of effort by using the results of their studies to the 

extent that they are available. NAPA should submit a report with 

its findings, conclusions, and recommendations no later than 9 

months after the Department has contracted with NAPA pursuant 

to this directive. 

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides $42,000,000 for the Office 

of the Inspector General, instead of $41,774,000 as proposed by the 

House and Senate. 

ATOMIC ENERGY DEFENSE ACTIVITIES 

NATIONAL NUCLEAR SECURITY ADMINISTRATION 

The National Nuclear Security Administration (NNSA), a semiautonomous agency within the Department of Energy, manages the 

nation’s nuclear weapons programs, nuclear nonproliferation programs, and naval reactors activities. 


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The conference agreement provides $11,000,000,000 for the National Nuclear Security Administration. 

Warhead Life Extensions.—The NNSA is directed to fully adhere to the new reporting requirements for early life extension activities contained in the House report beginning with submission of 

the fiscal year 2013 budget request, and to the reporting requirement for the B61 Life Extension Program in the Senate report 

within 3 months of enactment. In lieu of the JASON B61 study directed in the Senate report, if the NNSA’s selected option for the 

B61 Life Extension Program includes any nuclear scope, the 

JASON group of scientific advisors shall submit an assessment by 

September 1, 2012, to the House and Senate Committees on Appropriations on the extent to which the nuclear scope is needed to enhance the safety, security, and maintainability of a refurbished B61 

and whether changes to the weapon will affect its long-term safety, 

security, reliability, and military characteristics. 

Maintenance and Operations.—The conferees support the guidance in the House and Senate reports to establish standardized direct reporting for facility and infrastructure maintenance costs at 

each site and to identify separate maintenance funding by site in 

the fiscal year 2014 budget request for Readiness in Technical Base 

and Facilities. 

Human Capital.—In order to meet human capital requirements for the NNSA sites and to support the NNSA’s strategic efforts to strengthen its science, technology, management and engineering base, the NNSA should provide incentives for its management and operations contractors, including those at the production 

sites, to work with universities and other institutions of higher 

educationμto develop programs that support graduate research 

assistantships, implement educational programs that meet NNSA 

technical needs, and implement workforce development initiatives. 

WEAPONS ACTIVITIES

The conference agreement provides $7,233,997,000 for Weap- ons Activities, instead of $7,091,661,000 as proposed by the House 

and $7,190,000,000 as proposed by the Senate. 

Directed Stockpile Work.—The conference agreement provides $1,879,527,000 for Directed Stockpile Work. The NNSA is directed 

to use $175,000,000 within Stockpile Systems and $64,000,000 

within Stockpile Services for surveillance activities. If the NNSA 

accomplishes the planned scope of surveillance activities more efficiently than estimated, up to 10 percent of the $175,000,000 and 

$64,000,000 may be reallocated to other activities. The NNSA is directed to provide full funding within amounts provided for Management, Technology, and Production to implement JASON Surety 

Study recommendations to counter current and future threats to 

the stockpile. The NNSA is further directed to adhere to the guidance in the Senate report to provide a report on maintaining a pit 

manufacturing capability to meet stockpile needs to the House and 

Senate Committees on Appropriations within 3 months of enactment of this Act. 

The conference agreement provides $223,562,000 for the B61 

Life Extension Program, as requested. Of these funds, 

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sion Program until the NNSA submits to the House and Senate 

Committees on Appropriations the outcome of the Phase 6.2/2A design definition and cost study. The conferees remain concerned 

about the NNSA’s ability to execute its planned scope for the B61 

under an affordable life extension program that will meet the requirement to refurbish the first unit by 2017. 

The conference agreement provides $99,518,000 for W78 Stockpile Systems as proposed by the House, which includes $37,087,000 

for a life extension study of the W78 because of delays in commencing the Phase 6.1 study. The conference agreement provides 

$75,728,000 for W88 Stockpile Systems, which includes $30,000,000 

to commence a conceptual study for a minor refurbishment of the 

W88. The NNSA is directed to maintain separate accounting for 

the W78 and W88 studies and to identify those costs separately 

within the budget request for Stockpile Systems. 

Campaigns.—The conference agreement provides 

$1,701,982,000 for the science, technology and engineering campaigns. The conferees provide $476,274,000 for the Inertial Confinement Fusion and High Yield Campaign, which includes 

$62,500,000 for Omega at the University of Rochester, $48,000,000 

for the Z facility at Sandia National Laboratory, and $5,000,000 for 

the Naval Research Laboratory, as requested. 

Readiness in Technical Base and Facilities.—The conference 

agreement provides $2,009,155,000 for Readiness in Technical Base 

and Facilities. No funding is provided for Institutional Site Support. Historically, the NNSA has used this funding line to mask 

underfunding in the request for individual site facility operations. 

More recently, it has pushed the costs of contractor pensions into 

this activity. Since the conference agreement fully funds operations 

and maintenance at each site and separately budgets for legacy 

pensions, this activity is no longer required. Infrastructure activities that are not site specific, such as headquarters contractor support and assessments, may be funded under Program Readiness. 

TRU Waste Facility.—The conferees provide $9,881,000 for 

Phase A of the TRU Waste Facility project, which consists of site 

infrastructure preparatory work. No Phase B activities are permitted until a project baseline is completed and provided to the 

House and Senate Committees on Appropriations. 

Chemistry and Metallurgy Research Replacement (CMRR) 

Project.—The conference agreement provides $200,000,000. No construction activities are funded for the CMRR-Nuclear Facility during fiscal year 2012. 

Legacy Contractor Pensions.—The conference agreement provides $168,232,000 for Legacy Contractor Pensions to meet the ongoing costs of the University of California contractor defined benefit pension plans. The NNSA requested these funds within Readiness in Technical Base and Facilities and a separate line is provided to improve transparency. 

National Security Applications.—The conference agreement 

provides $10,000,000, for Advanced Analysis, Tools, and Technologies activities to continue improved support to the intelligence 

community and to maintain the nuclear technical capabilities for 

nuclear weapons assessments. 


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DEFENSE NUCLEAR NONPROLIFERATION

(INCLUDING RESCISSION OF FUNDS)

The conference agreement provides $2,324,303,000 for Defense 

Nuclear Nonproliferation, instead of $2,091,770,000 as proposed by 

the House and $2,383,300,000 as proposed by the Senate, and rescinds $21,000,000, as proposed by the Senate. 

Nonproliferation and Verification Research and Development.— 

The conference agreement provides $356,150,000 for Nonproliferation and Verification Research and Development. Within this 

amount, the conferees provide $132,800,000 for Nuclear Detonation 

Detection, which includes an additional $5,700,000 above the request for underground, underwater, and atmospheric detonation 

detection. The request included $55,823,000 for legacy contractor 

pensions that are provided separately, as well as an additional 

$15,625,000 above program needs to meet anticipated growth in 

contractor defined benefit pension plan costs that are no longer 

needed. 

Nonproliferation and International Security.—The conference 

agreement provides $155,305,000 for Nonproliferation and International Security. Within this amount, the conferees provide 

$14,972,000 for the Global Initiative for Proliferation Prevention. 

Fissile Materials Disposition.—The conference agreement provides $685,386,000 for Fissile Materials Disposition. The conferees 

provide no construction funding for the Pit Disassembly and Conversion (PDCF) project because the NNSA has not completed a 

study of alternatives or a conceptual design report with a cost and 

schedule estimate that is required under Department of Energy 

guidance. Instead of the Senate requirement for an update of the 

costs for the PDCF and the MOX Fuel Fabrication Facility, the 

conferees direct the NNSA to provide a report on the status of 

plans to provide adequate plutonium feedstock to operate the MOX 

facility to the House and Senate Committees on Appropriations 

within 3 months of enactment of this Act. The conferees direct the 

use of $20,500,000 in prior-year uncommitted balances within U.S. 

Plutonium Disposition to prepare plutonium feedstock at H-Canyon 

in fiscal year 2012 and to identify funding for both H-Canyon and 

ARIES within the fiscal year 2013 budget request. 

Global Threat Reduction Initiative.—The conference agreement 

provides $500,000,000 for the Global Threat Reduction Initiative. 

The conference agreement does not include House direction which 

restricts funding for Domestic Radiological Material Removal. 

Legacy Contractor Pensions.—The conference agreement provides $55,823,000 for Legacy Contractor Pensions to meet the ongoing costs of the legacy University of California defined benefit pension plans. The NNSA requested these funds within Nonproliferation and Verification Research and Development and a separate 

line is provided to improve transparency. 

Rescission.—The conference agreement rescinds $21,000,000 in 

prior-year balances and directs their application to meet fiscal year 

2012 needs as described above. 


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NAVAL REACTORS

The conference agreement provides $1,080,000,000 for Naval Reactors, instead of $1,030,600,000 as proposed by the House and 

$1,100,000,000 as proposed by the Senate. The conference agreement does not include House language directing a transition to 

budgeting by ship system. Funding for Naval Reactors Operations 

and Maintenance is provided under the following control points 

starting in fiscal year 2012, in order to improve the transparency 

of the major multi-year initiatives and to distinguish the cost of operations and infrastructure from the cost of research and development. 

OHIO Replacement Reactor Systems Development.—The conference agreement provides $121,300,000 as requested. 

S8G Prototype Refueling.—The conference agreement provides $99,500,000 as requested. 

Naval Reactors Development.—The conference agreement pro- vides $421,000,000. 

Naval Reactors Operations and Infrastructure.—The conference 

agreement provides $358,300,000, which includes funding for conceptual design of the Spent Fuel Infrastructure Recapitalization 

Project at Idaho in order to continue critical path activities. 

OFFICE OF THE ADMINISTRATOR

The conference agreement provides $410,000,000 for the Office 

of the Administrator, instead of $400,000,000 as proposed by the 

House and $404,000,000 as proposed by the Senate. The conference 

agreement includes the requested amount of $6,000,000 for Weapons, $3,000,000 for Defense Nuclear Nonproliferation, and 

$1,000,000 for Naval Reactors to engage Historically Black Colleges 

and Universities, and further directs the engagement of Hispanic 

Serving Institutions and minority outreach at other colleges and 

universities. 

The conferees are concerned with overlap and duplication between the NNSA Office of Congressional Affairs, the Department 

of Energy (DOE) Office of Congressional Affairs, and the DOE 

Chief Financial Officer’s External Coordination office (CFO ExCo). 

The conferees believe that the CFO ExCo can provide appropriate 

liaison support to the Committees on Appropriations and that one 

consolidated Congressional Affairs office can provide adequate support to the rest of the legislative branch. The conferees direct the 

Department to propose a consolidation of the NNSA Congressional 

Affairs functions into DOE’s CFO ExCo, Office of Congressional Affairs, or a combination of both, within 60 days of enactment of this 

Act. Such consolidation should provide $1–2 million in budgetary 

savings. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 

DEFENSE ENVIRONMENTAL CLEANUP

The conference agreement provides $5,023,000,000 for the Defense Environmental Cleanup program, instead of $4,937,619,000 

as proposed by the House and $5,002,308,000 as proposed by the 

Senate. Within the amounts provided, the Department is directed 


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to fund hazardous waste worker training at $10,000,000. The conferees direct the Department to adhere to the House requirement 

to report all operating projects with a total project cost greater 

than $10,000,000 no later than 90 days after enactment of this Act. 

Hanford Site.—The conference agreement provides 

$953,252,000 for the Hanford Site, including $19,540,000 for Richland community and regulatory support. Within this amount, funding is provided for the Hazardous Materials Management and 

Emergency Response facilities. The conferees provide $68,458,000 

to accelerate cleanup of the Plutonium Finishing Plant. 

Idaho National Laboratory.—The conference agreement provides $386,869,000 for Idaho National Laboratory cleanup activities, including $4,100,000 for Idaho community and regulatory support. 

NNSA Sites.—The conference agreement provides $282,393,000 

for cleanup activities at NNSA sites, including funding for community and regulatory support. Within this amount, the conferees provide $873,000 for Lawrence Livermore National Laboratory, 

$65,945,000 for the Nevada Test Site, $3,014,000 for Sandia National Laboratories, $188,561,000 for Los Alamos National Laboratory, and $24,000,000 to stabilize work at the Separations Process 

Research Unit following damages that resulted from Hurricane 

Irene. 

Oak Ridge Reservation.—The conference agreement provides 

$199,509,000 for the Oak Ridge Reservation, including $6,409,000 

for community and regulatory support. 

Office of River Protection.—The conference agreement provides 

$1,185,000,000 for the Office of River Protection. 

Savannah River Site.—The conference agreement provides 

$1,193,822,000 for cleanup activities at the Savannah River Site, 

including $9,584,000 for community and regulatory support. 

Waste Isolation Pilot Plant.—The conference agreement provides $215,134,000 for the Waste Isolation Pilot Plant. No funding 

is provided for voluntary payments of economic assistance. 

Use of prior-year balances.—The conference agreement directs 

the use of $3,381,000 in prior-year balances to meet fiscal year 

2012 needs as described above. 

OTHER DEFENSE ACTIVITIES

The conference agreement provides $823,364,000 for Other Defense Activities, instead of $814,000,000 as proposed by the House 

and $819,000,000 as proposed by the Senate. 

Office of Health, Safety, and Security.—The conference agreement provides $437,436,000 for the Office of Health, Safety, and 

Security. Within this amount, $186,699,000 is provided for Specialized Security Activities. 

POWER MARKETING ADMINISTRATIONS 

BONNEVILE POWER ADMINISTRATION FUND

The conference agreement provides no appropriation for the 

Bonneville Power Administration, which derives its funding from 

revenues deposited into the Bonneville Power Administration 


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Fund. The Act includes a provision regarding funds for official reception and representation expenses as proposed by the Senate. 

The House proposed a similar provision. 

OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

ADMINISTRATION

The conference agreement provides a net appropriation of $0 

for the Southeastern Power Administration as proposed by the 

House and Senate. An additional $1,000,000 is recorded separately 

as a scorekeeping adjustment. 

OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

ADMINISTRATION

The conference agreement provides a net appropriation of 

$11,892,000 for the Southwestern Power Administration, as proposed by the House and Senate. 

CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE, 

WESTERN AREA POWER ADMINISTRATION

The conference agreement provides a net appropriation of 

$95,968,000 for the Western Area Power Administration, as proposed by the House and Senate. An additional $3,000,000 is recorded separately as a scorekeeping adjustment. 

FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND

The conference agreement provides a net appropriation of 

$220,000 for the Falcon and Amistad Operating and Maintenance 

Fund, as proposed by the House and Senate. An additional 

$1,000,000 is recorded separately as a scorekeeping adjustment. 

FEDERAL ENERGY REGULATORY COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $304,600,000 for the Federal Energy Regulatory Commission (FERC), as proposed by the 

House and Senate. Revenues for FERC are set to an amount equal 

to the budget authority, resulting in a net appropriation of $0. The 

Act does not include language proposed by the Senate directing a 

rulemaking. 

The conferees are aware of significant local concerns with the 

process for developing, reviewing and approving shoreline management plans at Smith Mountain Lake and Lake of the Ozarks. As 

the licensees develop and FERC reviews and approves shoreline 

management plans, both parties must not only ensure the continued unimpeded operation of the project, but also recognize the 

rights and concerns of private property owners and local communities. The parties should develop innovative and mutually agreeable solutions to resolve conflicts among project purposes and private property, which should be implemented without delay. The 

conferees note that several options already exist for resolving such 

conflicts—such as realigning project boundaries, grandfathering 

non-conforming structures, or conveying the disputed property— 


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and that the removal of private structures should only be required, 

if at all, when all other options are inadequate. The conferees direct FERC to review the shoreline management plan process to 

identify any improvements that could be made to address local concerns at each stage of the process and to submit to the appropriate 

congressional committees a report detailing any administrative 

changes to be undertaken as well as any recommended legislative 

changes that may be necessary. 

GENERAL PROVISIONS—DEPARTMENT OF ENERGY 

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

The conference agreement includes a modification to the House 

provision regarding reprogramming of funds. The Senate proposed 

no similar provision. 

The conference agreement does not include a provision proposed by the House regarding workforce restructuring. The Senate 

proposed no similar provision. The conferees expect the Department to continue to follow the guidelines established by this provision. 

The conference agreement includes a provision proposed by the 

House and Senate relating to unexpended balances. 

The conference agreement includes a provision proposed by the 

Senate specifically authorizing intelligence activities pending enactment of the fiscal year 2012 Intelligence Authorization Act. The 

House proposed a similar provision. 

The conference agreement does not include a House provision 

regarding Bonneville Power Administration energy efficiency services, although the conferees expect the BPA to continue to follow 

the guidelines established by that provision. The Senate proposed 

no similar provision. 

The conference agreement includes a provision proposed by the 

Senate relating to a future-years energy program. The House proposed no similar provision. 

The conference agreement does not include a provision proposed by the House and Senate directing the governance of user facilities. The conferees expect the Department to continue to follow 

the guidelines established by this provision. 

The conference agreement includes a provision proposed by the 

Senate relating to loan guarantee co-pay. The House proposed no 

similar provision. 

The conference agreement does not include a provision proposed by the House that establishes certain limitations and requirements with respect to the transfer of funds by the Secretary 

of Energy to reimburse the costs of defined benefits pension plans 

for contractor employees. This provision is now contained in current law. The Senate proposed no similar provision. 

The conference agreement includes a provision proposed by the 

House establishing estimated cost parameters for plant and construction activities for the purposes of sections 4703 and 4704 of 

the Atomic Energy Defense Act. 

The conference agreement modifies a provision proposed by the 

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ville Power Administration. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

House that prohibits the use of funds in this title for capital construction of high hazard nuclear facilities, unless certain independent oversight is conducted. The Senate proposed no similar 

provision. 

The conference agreement does not include a provision proposed by the Senate relating to the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund. The 

House proposed no similar provision. 

The conference agreement modifies a provision proposed by the 

Senate related to contractor pay freeze. The House proposed no 

similar provision. 

The conference agreement includes a provision proposed by the 

House that prohibits the use of funds to approve critical decision2 or critical decision-3 for certain construction projects, unless a 

separate independent cost estimate has been developed for that 

critical decision. 

The conference agreement modifies a provision proposed by the 

House that establishes certain notification requirements that must 

be fulfilled before any funds may be used to make certain awards, 

allocations, agreements, or public announcements. The Senate proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate relating to the barter of uranium. The House proposed no 

similar provision. 

The conference agreement does not include a provision relating 

to loan guarantee notifications. The Senate proposed no similar 

provision. 

The conference agreement includes a provision proposed by the 

House regarding the weatherization program eligibility cap. The 

Senate proposed no similar provision. 

The conference agreement includes a provision proposed by the 

Senate on lighting standards. The House proposed no similar provision. 

The conference agreement includes a provision proposed by the 

House prohibiting funds to implement or enforce higher efficiency 

light bulb standards. The Senate proposed no similar provision. 

The conference agreement modifies a provision proposed by the 

Senate relating to the third-party use of metering stations for the 

Strategic Petroleum Reserve. The House proposed no similar provision. 

The conference agreement does not include a provision proposed by the House relating to significant regulatory actions. The 

Senate proposed no similar provision. 


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TITLE IV 

INDEPENDENT AGENCIES 

APPALACHIAN REGIONAL COMMISSION

The conference agreement provides $68,263,000 for the Appa- lachian Regional Commission, instead of $68,400,000 as proposed 

by the House and $58,024,000 as proposed by the Senate. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SALARIES AND EXPENSES

The conference agreement provides $29,130,000 for the Defense Nuclear Facilities Safety Board, as proposed by the House 

and Senate. The conferees direct the Board to enter into an agreement for fiscal years 2012 and 2013 with the Office of Inspector 

General for the Nuclear Regulatory Commission. The conferees direct the Board to enter into an enduring procurement with a provider of inspector general services thereafter. 

DELTA REGIONAL AUTHORITY

SALARIES AND EXPENSES

The conference agreement provides $11,677,000 for the Delta Regional Authority, instead of $11,700,000 as proposed by the 

House and $9,925,000 as proposed by the Senate. 

DENALI COMMISSION

The conference agreement provides $10,679,000 for the Denali Commission, instead of $10,700,000 as proposed by the House and 

$9,077,000 as proposed by the Senate. 

NORTHERN BORDER REGIONAL COMMISSION

The conference agreement provides $1,497,000 for the North- ern Border Regional Commission, instead of $1,350,000 as proposed 

by the House and $1,275,000 as proposed by the Senate. 

SOUTHEAST CRESCENT REGIONAL COMMISSION

The conference agreement provides $250,000 for the Southeast 

Crescent Regional Commission, as proposed by the House, instead 

of $213,000 as proposed by the Senate. 

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $1,027,240,000 for the Nuclear Regulatory Commission (NRC) salaries and expenses, as proposed by the Senate, instead of $1,037,240,000 as proposed by the 

House. This amount is offset by estimated revenues of 

$899,726,000, resulting in a net appropriation of $127,514,000. The 

fee recovery is consistent with that authorized by section 637 of the 

Energy Policy Act of 2005. The conference agreement does not include $20,000,000 to be made available from the Nuclear Waste 


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Fund to support the geological repository for nuclear fuel and 

waste, as proposed by the House. The Senate proposed no similar 

provision. 

The conference agreement includes a National Academy of 

Sciences study of the lessons learned from the events at the 

Fukushima nuclear plant, as proposed by the Senate. The Commission is directed to transfer $2,000,000 to the National Academy of 

Sciences for this study within 30 days of enactment of this Act. 

The conference agreement includes $15,000,000, as proposed 

by the House, to support university education programs relevant to 

the NRC mission, of which not less than $5,000,000 is for grants 

to support research projects that do not align with programmatic 

missions but are critical to maintaining the discipline of nuclear 

science and engineering. 

The conferees recognize the progress that the Nuclear Regulatory Commission has made on the recommendations of the Near 

Term Task Force. Commission staff has proposed a prioritized list 

of the Task Force recommendations that reflects the order regulatory actions are to be taken. The conferees direct the Commission 

to implement these recommendations consistent with, or more expeditiously than, the ‘‘schedules and milestones’’ proposed by NRC 

staff on October 3, 2011. The conferees direct the Commission to 

maintain an implementation schedule such that the remaining recommendations (not identified as Tier 1 priorities) will be evaluated 

and acted upon as expeditiously as practicable. The conferees request that the Commission provide a written status report to the 

House and Senate Committees on Appropriations on its implementation of the Task Force recommendations on the one year anniversary of the Fukushima disaster. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $10,860,000 for the Office 

of the Inspector General in the Nuclear Regulatory Commission, as 

proposed by the House and Senate. This amount is offset by revenues of $9,774,000, for a net appropriation of $1,086,000. 

NUCLEAR WASTE TECHNICAL REVIEW BOARD

SALARIES AND EXPENSES

The conference agreement provides $3,400,000 for the Nuclear 

Waste Technical Review Board, as proposed by the House and Senate. 

OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA NATURAL GAS

TRANSPORTATION PROJECTS

The conference agreement provides $1,000,000 for the Office of 

the Federal Coordinator for Alaska Natural Gas Transportation 

Projects, as proposed by the Senate, instead of $4,032,000 as proposed by the House. The conference agreement does not include a 

House provision addressing excess fees. 


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GENERAL PROVISIONS—INDEPENDENT AGENCIES 

The conference agreement modifies a provision proposed by the 

House relating to the Nuclear Regulatory Commission. The Senate 

proposed no similar provision. 

The conference agreement does not include a provision proposed by the Senate relating to spent fuel pools. Language addressing this issue is included under the heading ‘‘Nuclear Regulatory 

Commission—Salaries and Expenses’’ in the Statement of Managers. 

The conferees include a modified Senate provision regarding 

certain NRC requirements. The House proposed no similar provision. The conferees intend that licensees proactively evaluate new 

information and, where necessary, improve their facilities to keep 

them current with all NRC requirements relevant to their licenses, 

including all updates, and urge the NRC to continue its efforts to 

ensure all license requirements are updated to incorporate the latest knowledge of external hazards facing each site. 

TITLE V 

GENERAL PROVISIONS 

The conference agreement includes a provision proposed by the 

House and Senate relating to lobbying restrictions. 

The conference agreement includes a provision proposed by the 

House and Senate relating to transfer authority. 

The conference agreement does not include a provision proposed by the House prohibiting funds to be provided in contravention of section 6(b) of the Iran Sanctions Act. The Senate proposed 

no similar provision. The conferees direct the Administration to 

continue to follow these requirements. 

The conference agreement includes a provision proposed by the 

House requiring new federal hires to be vetted through the EVerify Program. The Senate proposed no similar provision. 

The conference agreement modifies a provision proposed by the 

House prohibiting the government from entering into contracts or 

agreements with any corporation that was convicted of a felony 

criminal violation under any federal law within the preceding 24 

months. The Senate proposed no similar provision. 

The conference agreement modifies a provision proposed by the 

House prohibiting funds for contracts or agreements with entities 

with unpaid federal tax liabilities that have not entered into payment agreements to remedy the liability. The Senate proposed no 

similar provision. 

The conference agreement does not include a provision proposed by the House regarding the amount within the Spending Reduction Account. The Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House relating to the use of firearms on Corps of Engineers land. The Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House prohibiting funds made available for the 

Science account to be used in contravention of the Department of 


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Energy Organization Act. The Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House relating to the McNary Shoreline Management 

Plan. The Senate proposed no similar provision. The conferees note 

that concerns remain regarding the most recent plan and direct the 

Corps to continue working with residents to address these issues. 

The conference agreement does not include a provision proposed by the House prohibiting the use of funds to move the Office 

of Environmental Management under the Under Secretary for Nuclear Energy of the Department of Energy. The Senate proposed no 

similar provision. 

The conference agreement does not include a provision proposed by the House relating to the lease or purchase of new light 

duty vehicles. The Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House relating to reintroduction of salmon in the San 

Joaquin River. The Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House prohibiting funds to enforce section 526 of the 

Energy Independence and Security Act. The Senate proposed no 

similar provision. The conferees agree that increased energy selfsufficiency is an important national goal and the Department of 

Energy should continue to focus on research, development and government procurements that further progress towards that end. 

The conference agreement does not include a provision proposed by the House prohibiting development of a proposal to expand the authorized uses of the Harbor Maintenance Trust Fund. 

The Senate proposed no similar provision. The conferees support 

language in the House report opposing the diversion of revenue 

from existing authorized purposes, namely maintenance dredging, 

and in light of widespread congressional opposition to the budget 

proposal, suggest a wiser course of action would be to focus on utilizing the annual receipts for additional harbor dredging work rather than allowing the balance in the Trust Fund to continue to increase. 

The conference agreement does not include a provision proposed by the House prohibiting funds for International activities at 

the Office of Energy Efficiency and Renewable Energy of the Department of Energy in China. The Senate proposed no similar provision. 

The conference agreement includes a provision proposed by the 

House prohibiting funds to be used in contravention of the executive order entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’. The 

Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House transferring funds between accounts for the 

Department of Energy. The Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House transferring funds between accounts for the 

Corps of Engineers. The Senate proposed no similar provision. 

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dential appointees who fall under certain exemptions to Senate 

confirmation. The Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House prohibiting funds for International activities of 

the Office of Energy Efficiency and Renewable Energy at the Department of Energy, except for the U.S.-Israel program. The Senate 

proposed no similar provision. 

The conference agreement does not include a provision proposed by the House prohibiting funds in this bill from being used 

to close the Yucca Mountain license application process until a specific condition is met or for actions that would remove the possibility that Yucca Mountain might be an option in the future. The 

Senate proposed no similar provision. 

The conference agreement does not include a provision proposed by the House prohibiting funds to implement any new requirement regarding the disclosure of political contributions. The 

Senate proposed no similar provision. 

TITLE V/VI 

EMERGENCY SUPPLEMENTAL FUNDING FOR DISASTER 

RELIEF 

The conference agreement does not include funding for the 

Corps of Engineers for disaster-related work as proposed in Title 

V of the House bill and Title VI of the Senate bill. Additional funding to address these needs will be considered separately. 


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DIVISION C—FINANCIAL SERVICES AND GENERAL 

GOVERNMENT APPROPRIATIONS ACT, 2012 

References in this statement to the Senate bill are to the bill 

(S. 1573) as reported to the Senate by the Committee on Appropriations on September 15, 2011 (S. Rept. 112–79). References to the 

House bill are to the bill (H.R. 2434) as reported to the House by 

the Committee on Appropriations on July 7, 2011 (H. Rept. 112– 

136). 

Language included in House Report 112–136 or Senate Report 

112–79 that is not changed by this joint explanatory statement is 

approved by the committee of conference. This explanatory statement, while repeating some report language for emphasis, is not intended to negate the language in the referenced House and Senate 

committee reports unless expressly provided herein. 

Where the House or Senate has directed submission of a report, that report is to be submitted to the Committees on Appropriations of both the House of Representatives and the Senate. 

TITLE I 

DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

The conference agreement provides $308,388,000 for depart- mental offices salaries and expenses, instead of $185,749,000 as 

proposed by the House and $306,388,000 as proposed by the Senate. 

Within the amount provided under this heading, the con- ference agreement provides $100,000,000 for the Office of Terrorism and Financial Intelligence and within that amount no more 

than $26,608,000 for administrative expenses. The conference 

agreement also provides full funding for the Secretary’s security 

and travel, both domestic and international (including civilian and 

military). 

Judgment Fund.—The conferees adopt the House report language regarding the Judgment Fund, except that the first report is 

due within 180 days of enactment of this Act and annually thereafter. 

Volcker Rule.—The conferees note that consistent with Public 

Law 111–203, the appropriate Federal banking regulators and the 

U.S. Securities and Exchange Commission proposed regulations implementing the ‘‘Volcker Rule,’’ and the U.S. Commodity Futures 

Trading Commission is expected to propose a similar rule, that appropriately accommodates the business of insurance by permitting 

trading by a regulated insurance company for its general account. 

These accommodations are subject to subsections (d)(1)(F) and 

(d)(2)(A) of section 13 (or ‘‘sections 13(d)(1)(F) and 13(d)(2)(A)’’) of 

the Bank Holding Company Act of 1956. 

Economic Sanctions and Divestments.—The conferees direct 

the Department to fully implement the sanctions and divestment 

measures applicable to North Korea, Burma, Belarus, Iran, Sudan, 

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tify the Appropriations Committees of any resource constraints 

that adversely impact the implementation of these sanctions programs. 

Management of Capital Investments.—The conferees reiterate 

the Senate report language regarding management of capital investments and direct the Department to continue improving the 

management of capital investments, specifically focusing on integrating all of the Department’s bureaus into improvement efforts 

and institutionalizing improvements so that taxpayers will benefit 

from better management of future capital projects. The conferees 

note that section 121 of this Act requires the Secretary of the 

Treasury to develop an annual Capital Investment Plan, to be submitted to the Committees on Appropriations of the Senate and the 

House of Representatives within 30 days following submission of 

the President’s annual budget request. The conferees direct the Office of the Chief Information Officer to ensure that adequate resources are devoted both to projects in the capital phase and to 

proper maintenance and modernization of existing systems and to 

ensure that all projects are tracked properly and described completely in the annual Capital Investment Plan. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement provides $29,641,000 for the Office 

of Inspector General as proposed by the House and the Senate. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $151,696,000 for salaries 

and expenses of the Treasury Inspector General for Tax Administration as proposed by the House and the Senate. 

SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF

PROGRAM

SALARIES AND EXPENSES

The conference agreement provides $41,800,000 for salaries 

and expenses of the Office of the Special Inspector General for the 

Troubled Asset Relief Program (SIGTARP) as proposed by the Senate, instead of $41,801,000 as proposed by the House. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

The conference agreement provides $110,788,000 for salaries 

and expenses of the Financial Crimes Enforcement Network 

(FinCEN), as proposed by the House and the Senate. 

The conferees reiterate the House and Senate language rejecting the Administration’s proposed $3 million in reductions for State 

and local and intelligence community access to Bank Secrecy Act 

information and the Senate language rejecting the Administration’s 

proposal to fund a portion of FinCEN’s needs in fiscal year 2012 

using proceeds from the Treasury Forfeiture Fund. 


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TREASURY FORFEITURE FUND

(RESCISSION)

The conference agreement includes a rescission of $950,000,000 

of the unobligated balances in the Treasury Forfeiture Fund. 

The funds collected, disbursed and rescinded out of the Treasury Forfeiture Fund (the Fund) are incidental to law enforcement 

priorities that led to the seizures and forfeitures. Disrupting and 

dismantling criminal organizations that pose the greatest threat to 

public safety and security is the highest priority of any law enforcement agency. The Fund can ensure resources are managed efficiently to cover the costs of an effective asset seizure and forfeiture 

program, including the costs of seizing, evaluating, inventorying, 

maintaining, protecting, advertising, forfeiting and disposing of 

property, but it must not be used to augment agency funding or to 

circumvent the appropriations process. Reliance on the Fund to offset the day-to-day operations, or to pay for new activities, creates 

an incentive to pursue cases suspected of high valued forfeitures 

rather than to target individuals or organizations that perpetrate 

the worst crimes against society. 

In addition to the Department of Treasury, the Department of 

Homeland Security is the other primary participant in the Fund 

since it does not have the authority or expertise to operate its own 

forfeiture fund. In fiscal year 2010, the Department of Homeland 

Security activities resulted in approximately 30 percent of the collections to the Fund and accounted for approximately 50 percent of 

the costs incurred by the Fund. In recent years, the available balances in the Fund have increased as the Federal Government has 

taken enforcement actions against large banks, increasing the surplus funding available. This surplus funding can either be used to 

fund law enforcement expenses to enhance forfeiture capabilities, 

be held in reserve or be rescinded. In considering the allocation of 

super surplus balances or rescission of resources in the Fund, the 

conferees direct the Administration not to use a formulaic approach 

where agencies that conduct seizures automatically get to spend or 

rescind surplus balances. The resources in the Fund should not be 

considered a ‘‘bounty’’ for the collecting agencies. Future proposed 

rescissions and super surplus spending requests should be based on 

programmatic need and funding priorities not a predetermined formula. Using a formulaic approach, such as distributing super surplus funds and rescissions in proportion to an agency’s collections, 

would distort the role of the Fund. 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

The conference agreement provides $217,805,000 for salaries 

and expenses of the Financial Management Service as proposed by 

the Senate instead of $216,617,000 as proposed by the House. 


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ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

The conference agreement provides $99,878,000 for salaries 

and expenses of the Alcohol and Tobacco Tax and Trade Bureau as 

proposed by the Senate instead of $96,899,000 as proposed by the 

House. Within this amount, $2,000,000 is for the cost of special law 

enforcement agents to target tobacco smuggling and other criminal 

diversion activities. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

The conference agreement provides that not more than 

$20,000,000 in new liabilities and obligations may be incurred during fiscal year 2012 for circulating coinage and protective service 

capital investments of the U.S. Mint, as proposed by the House and 

the Senate. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

The conference agreement provides $173,635,000 for costs associated with administering the public debt, as proposed by the Senate instead of the $171,979,000 as proposed by the House. Within 

this amount, $10,000,000 is available until September 30, 2014, to 

reduce improper payments. The conference agreement further directs that $8,000,000 in user fees be used to offset the appropriated 

amounts. 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

PROGRAM ACCOUNT

The conference agreement provides $221,000,000 for the Community Development Financial Institutions (CDFI) Fund program. 

The conference agreement waives the matching fund requirement for the Small and/or Emerging CDFI applicants (SECA) and 

the Native Initiatives for only one year. SECAs are insured depository institutions and depository institution holding companies with 

total assets up to $250 million, insured credit unions with total assets up to $10 million, venture capital funds with total assets up 

to $10 million, or other type of certified/certifiable CDFI with total 

assets up to $5 million as of September 30, 2011, or began operations on or after January 1, 2008. 

The conference agreement designates no funding for the Bank 

on USA Initiative. 

INTERNAL REVENUE SERVICE

TAXPAYER SERVICES

The conference agreement provides $2,239,703,000 for Internal 

Revenue Service (IRS) Taxpayer Services. Within the overall 

amount, not less than $9,750,000 is for low-income taxpayer clinic 

grants, and not less than $5,600,000 is for the Tax Counseling for 


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the Elderly program. Not less than $205,000,000 is provided for operating expenses of the IRS Taxpayer Advocate Service. In addition, within the overall amount provided, $12,000,000, 

available until September 30, 2013, is included for the Community 

Volunteer Income Tax Assistance (VITA) matching grants program. 

ENFORCEMENT

The conference agreement provides $5,299,367,000 for Enforcement. 

OPERATIONS SUPPORT

The conference agreement provides $3,947,416,000 for Operations Support. 

Information Technology Reports.—The conferees direct the IRS 

to submit quarterly reports to the Committees on Appropriations 

and the Government Accountability Office (GAO), with the first 

such report due no later than two weeks after March 31, 2012. The 

conferees expect the reports to include a detailed, plain English explanation of the cost and schedule for the previous three months 

and a description of the expected cost and schedule for the upcoming three months for the following major information technology 

project activities: IRS.gov; Returns Remittance Processing; EDAS/ 

IPM; Information Returns and Document Matching; E-services; and 

other projects associated with significant changes in law. The conferees further direct GAO to review and provide an annual report 

to the Committees on the cost and schedule of activities of all 

major IRS information technology projects for the year, with particular focus on the projects about which the IRS is providing quarterly reports to the Committees. 

BUSINESS SYSTEMS MODERNIZATION

The conference agreement provides $330,210,000 for Business 

Systems Modernization (BSM). 

Information Technology Reports.—The conferees direct the IRS 

to submit quarterly reports to the Committees on Appropriations 

and the Government Accountability Office (GAO), with the first 

such report due no later than two weeks after March 31, 2012. The 

conferees expect the reports to include a detailed, plain English explanation of the cost and schedule of CADE2 and MeF activities for 

the previous three months and a description of the expected cost 

and schedule for the upcoming three months. The conferees further 

direct GAO to review and provide an annual report to the Committees on the cost and schedule of CADE2 and MeF activities for the 

year. 

ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to the following provisions: 

Section 101 provides transfer authority. 

Section 102 requires the IRS to maintain training in taxpayer 

rights. 

Section 103 requires the IRS to safeguard taxpayer information and to protect taxpayers against identity theft. 


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Section 104 permits funding for 1–800 help line services for 

taxpayers and directs the Commissioner to make improving phone 

service a priority. 

ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY

(INCLUDING TRANSFERS OF FUNDS)

The conferees agree to the following provisions: 

Section 105 allows Treasury to use funds for certain specified 

expenses. 

Section 106 allows for the transfer of up to 2 percent of funds 

between ‘‘Departmental Offices’’ and the various Treasury bureaus, 

except the IRS. 

Section 107 allows for the transfer of up to 2 percent from the 

IRS accounts to TIGTA. 

Section 108 directs that the purchase of vehicles be consistent 

with vehicle management principles. 

Section 109 prohibits funding to redesign the $1 note. 

Section 110 allows for the transfer of funds from ‘‘Financial 

Management Service, Salaries and Expenses’’ to the Debt Collection Fund conditional on future reimbursement. 

Section 111 extends a pay demonstration program for one year. 

Section 112 prohibits funds to build a United States Mint museum without the approval of the House and Senate Committees on 

Appropriations and the authorizing committees of jurisdiction. 

Section 113 prohibits funding for consolidating the functions of 

the United States Mint and the Bureau of Engraving and Printing 

without the approval of the House and Senate Committees on Appropriations and the authorizing committees of jurisdiction. 

Section 114 specifies that funds for Treasury intelligence activities are deemed to be specifically authorized until enactment of 

the fiscal year 2012 intelligence authorization act. 

Section 115 permits the Bureau of Engraving and Printing to 

use up to $5,000 from the Industrial Revolving Fund for reception 

and representation expenses. 

Section 116 removes the 4 year limit on currency paper contracts. 

Section 117 requires persons who exchange $10,000 or more in 

mutilated cash to provide the Bureau of Engraving and Printing 

with a taxpayer identification number. 

Section 118 concerns disclosure prohibitions with regards to 

FinCEN activities. 

Section 119 concerns disclosure of FinCEN activities. 

Section 120 provides FinCEN with access to certain reports of 

cash payments that are only filed with the IRS. 

Section 121 requires the Secretary to submit a Capital Investment Plan. 


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TITLE II 

EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 

APPROPRIATED TO THE PRESIDENT 

COMPENSATION OF THE PRESIDENT

The conference agreement provides $450,000 for compensation 

of the President as proposed by the Senate. The House proposed 

funding this mandatory cost as a general provision. 

THE WHITE HOUSE

SALARIES AND EXPENSES

The conference agreement provides $56,974,000 for the salaries 

and expenses of the White House, instead of $55,513,000 as proposed by the House and $57,851,000 as proposed by the Senate. 

The conferees note that a lengthy clearance process at the Executive Office of the President (EOP) often delays submission of information requested by the Committees on Appropriations. The 

conferees expect EOP to respond to such requests in a timely manner because such information is critical to the Committees’ ability 

to make informed budgetary decisions. In that regard, the conferees have encountered particular difficulty in receiving timely 

and comprehensive responses to requests for information from the 

Office of National Drug Control Policy (ONDCP) and therefore, direct EOP to remedy this issue. Language has also been included on 

this topic in the ONDCP section. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

The conference agreement provides $13,425,000 for the Executive Residence at the White House, instead of $12,989,000 as proposed by the House and $13,536,000 as proposed by the Senate. 

WHITE HOUSE REPAIR AND RESTORATION

The conference agreement provides $750,000 for repair, alteration and improvement of the Executive Residence at the White 

House, instead of $1,000,000 as proposed by the House and 

$990,000 as proposed by the Senate. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

The conference agreement provides $4,192,000 for the salaries 

and expenses of the Council of Economic Advisers as proposed by 

the Senate, instead of $3,982,000 as proposed by the House. 

NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

The conference agreement provides $13,048,000 for the salaries 

and expenses of the National Security Council and Homeland SecuVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00907 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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rity Council as proposed by the Senate, instead of $12,396,000 as 

proposed by the House. 

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $112,952,000 for the salaries and expenses of the Office of Administration, instead of 

$109,297,000 as proposed by the House and $114,908,000 as proposed by the Senate. The conference agreement includes 

$10,403,000, to remain available until expended, for information 

technology modernization. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

The conference agreement provides $89,456,000 for the salaries 

and expenses of the Office of Management and Budget (OMB), instead of $82,575,000 as proposed by the House and $90,833,000 as 

proposed by the Senate. 

The conferees direct OMB to submit a report to the Committee 

within 120 days of enactment of this Act detailing current capabilities of and deficiencies in the Federal Government’s core budgeting 

system. 

In light of increased efforts to identify government-wide efficiencies and anticipate the cost of major infrastructure projects, the 

Committee instructs OMB to examine Circular A–94. The Committee expects OMB’s review of Circular A–94 to include an examination of the potential to incorporate life-cycle cost analysis. Moreover, this analysis should be as accurate, complete and reflective of 

the real costs and lifespans of materials as possible, including the 

use of material-specific discount rates and maintenance scheduled 

cost. OMB is directed to report to the Committee within 180 days 

of enactment of this Act on the status of reviewing Circular A–94. 

OMB should include appropriate experts in the field of life-cycle 

cost analysis, as well as appropriate industry experts and research 

centers. 

The conferees believe that agency staffing decisions should be 

based on agency workload and the level of funds made available, 

rather than pre-determined formulaic reductions. Decisions to 

backfill vacant positions should be based on the number of staff 

with the combination of skills and qualifications necessary to carry 

out the agency’s mission within available funding levels. The OMB 

Director shall report in February annually to the House and Senate 

Appropriations Committees on any agencies not adhering to the 

policies mentioned above. 

The conferees direct OMB to issue guidance, consistent with 

section 735 of division D of the Omnibus Appropriations Act, 2009, 

Public Law 111–8, and section 739(a)(1) of division D of the Consolidated Appropriations Act, 2008 (Public Law 110–161), and section 327 of the 2008 National Defense Authorization Act (Public 

Law 110–181), regarding use of direct conversions to contract out, 

in whole or in part, activities or functions last performed by Federal employees. 


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The conferees expect OMB to honor the terms and conditions 

of appropriations Acts by not only reviewing reprogramming requests submitted to the Committees on Appropriations pursuant to 

the reprogramming conditions of this or any other Act, but also by 

reviewing agency activities for compliance with reprogramming 

conditions. With regard to section 608 of this Act, the conferees 

find that reimbursable agreements and other similar funding mechanisms utilized for the purpose of reallocating funding shall be considered a reprogramming of funds under such section. When determining the applicability of section 608, OMB and the agencies 

should consult with the Committees on Appropriations. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

The conference agreement provides $24,500,000 for salaries 

and expenses of the Office of National Drug Control Policy 

(ONDCP), instead of $23,000,000 as proposed by the House and 

$26,125,000 as proposed by the Senate. 

The conferees note that a lengthy clearance process at the Executive Office of the President (EOP) often delays submission of information requested by the Committees on Appropriations. The 

conferees have encountered particular difficulty in receiving timely 

and comprehensive responses to requests for information from 

ONDCP. The conferees expect ONDCP to respond to such requests 

in a timely manner because such information is critical to the Committees’ ability to make informed budgetary decisions. The conferees expect EOP to remedy this issue and improve ONDCP’s responsiveness. Language has also been included on this topic under 

the White House Office account. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $238,522,000 for the High 

Intensity Drug Trafficking Areas Program as proposed by the 

House and the Senate. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $105,550,000 for Other 

Federal Drug Control Programs, instead of $101,978,000 as proposed by the House and $105,950,000 as proposed by the Senate. 

The agreement allocates funds among specific programs as follows: 

National Youth Anti-Drug Media Campaign ............................................................................... $0 

Drug-Free Communities Program ............................................................................................... 92,000,000 

(Training ............................................................................................................................. 2,000,000) 

Drug court training and technical assistance ........................................................................... 1,400,000 

Anti-Doping activities ................................................................................................................. 9,000,000 

World Anti-Doping Agency (U.S. membership dues) .................................................................. 1,900,000 

Discretionary Grants as authorized by PL 109–469, section 1105 ........................................... 1,250,000 


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Performance Measures Development .......................................................................................... 0 

The conference agreement provides no funding for the media 

campaign, as proposed by the House and the Senate. The conferees 

are supportive of a plan to preserve the substantial federal investment in anti-drug messaging and direct ONDCP to report to the 

Committees on Appropriations on the planned uses of the remaining unobligated balances for the media campaign not later than 

180 days after enactment of this Act. 

The conferees expect grant funding provided under ONDCP’s 

Other Federal Drug Control Programs be awarded through a competitive process. 

The conferees are troubled by ONDCP’s decision-making in the 

management of unobligated balances. The President’s budget proposed rescinding $11,328,000 from the Counterdrug Technology Assessment Center. Despite this, ONDCP obligated $6,083,361 of 

those balances. The conferees believe that ONDCP’s decision to obligate funds that the President’s budget proposed to rescind demonstrates an inability to effectively manage their funds. 

INTEGRATED, EFFICIENT AND EFFECTIVE USES OF INFORMATION

TECHNOLOGY

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $5,000,000 for this activity 

as proposed by the House, instead of no funds as proposed by the 

Senate. The conferees direct that information technology reform 

initiatives shall not be a substitute for consideration of agency requirements and the Executive Office of the President shall keep the 

Committees on Appropriations informed of changes in information 

technology spending plans. 

UNANTICIPATED NEEDS

The conference agreement provides $988,000 for unanticipated 

needs as proposed by the Senate. The House provided no funding 

for this activity. 

SPECIAL ASSISTANCE TO THE PRESIDENT

SALARIES AND EXPENSES

The conference agreement provides $4,328,000 for salaries and 

expenses to enable the Vice President to provide special assistance 

to the President as proposed by the Senate, instead of $4,322,000 

as proposed by the House. 

OFFICIAL RESIDENCE OF THE VICE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $307,000 for operating expenses for the official residence of the Vice President as proposed 

by the House and the Senate. 


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ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE

PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

The conference agreement provides the following Administrative Provisions under this title: 

Section 201 provides transfer authority among various Executive Office of the President accounts. 

Section 202 requires OMB to submit a report on the implementation of Executive Order 13563 relating to improving regulation 

and regulatory review. 

Section 203 requires OMB to report on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111–203). 

Section 204 requires a detailed narrative and financial plan for 

Office of National Drug Control Policy funds. 

Section 205 provides transfer authority among Office of National Drug Control Policy accounts. 

Section 206 governs reprogramming of Office of National Drug 

Control Policy funds. 

Section 207 rescinds $5,244,639 in unobligated prior year balances from the Counterdrug Technology Assessment Center. 

Section 208 rescinds $359,958 in unobligated prior year balances from Other Federal Drug Control Programs for a chronic 

users study and $5,723,403 in unobligated prior year balances from 

Other Federal Drug Control Programs for a national youth antidrug media campaign. 

Section 209 extends the availability of funds under the Partnership Fund for Program Integrity Innovation. The conferees do 

not recommend additional funding for the Partnership Fund in fiscal year 2012 and direct the Administration to continue to leverage 

funds provided in fiscal year 2010 to continue the initiative during 

fiscal years 2012 and 2013. 

TITLE III 

THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

The conference agreement provides $74,819,000 for the salaries 

and expenses of the Supreme Court as proposed by the House and 

the Senate. 

CARE OF THE BUILDING AND GROUNDS

The conference agreement provides $8,159,000 for the care of 

the Supreme Court building and grounds as proposed by the House 

and the Senate. 


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UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

The conference agreement provides $32,511,000 for the salaries 

and expenses of the United States Court of Appeals for the Federal 

Circuit, instead of $31,472,000 as proposed by the House and 

$31,913,000 as proposed by the Senate. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

The conference agreement provides $21,447,000 for the salaries 

and expenses of the United States Court of International Trade, instead of $20,628,000 as proposed by the House and $20,968,000 as 

proposed by the Senate. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The conference agreement provides $5,015,000,000 for the salaries and expenses of the Courts of Appeals, District Courts, and 

Other Judicial Services, instead of $4,790,855,000 as proposed by 

the House and $4,970,646,000 as proposed by the Senate. In addition, the agreement provides $5,000,000 from the Vaccine Injury 

Compensation Trust Fund, instead of $4,775,000 as proposed by 

the House and the Senate. 

DEFENDER SERVICES

The conference agreement provides $1,031,000,000 for Defender Services, instead of $1,050,000,000 as proposed by the 

House and $1,034,182,000 as proposed by the Senate. 

FEES OF JURORS AND COMMISSIONERS

The conference agreement provides $51,908,000 for Fees of Jurors and Commissioners, instead of $57,305,000 as proposed by the 

House and $59,000,000 as proposed by the Senate. 

COURT SECURITY

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides $500,000,000 for court security, as proposed by the House and the Senate. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

The conference agreement provides $82,909,000 for the salaries 

and expenses of the Administrative Office of the United States 

Courts, instead of $80,007,000 as proposed by the House and 

$82,000,000 as proposed by the Senate. 


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FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

The conference agreement provides $27,000,000 for the salaries 

and expenses of the Federal Judicial Center, as proposed by the 

Senate, instead of $26,318,000 as proposed by the House. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

The conference agreement provides $103,768,000 for payments 

to the judiciary trust funds, as proposed by the Senate. The House 

proposed funding these mandatory costs in a general provision. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $16,500,000 for the salaries 

and expenses of the United States Sentencing Commission, as proposed by the Senate, instead of $16,215,000 as proposed by the 

House. 

ADMINISTRATIVE PROVISIONS—THE JUDICIARY

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes the following administrative provisions: 

Section 301 makes funds appropriated for salaries and expenses available for services authorized by 5 U.S.C. 3109. 

Section 302 provides transfer authority among Judiciary appropriations. 

Section 303 permits not more than $11,000 to be used for official reception and representation expenses of the Judicial Conference. 

Section 304 extends through fiscal year 2012 the delegation of 

authority to the Judiciary for contracts for repairs of less than 

$100,000. 

Section 305 continues a pilot program where the United States 

Marshals Service provides perimeter security services at selected 

courthouses. 

Section 306 extends for one year the authorization of temporary district judgeships in Kansas and Hawaii. 

TITLE IV 

DISTRICT OF COLUMBIA 

FEDERAL FUNDS

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

The conference agreement includes $30,000,000 for District of 

Columbia resident tuition support as proposed by the House and 

the Senate. 


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FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

The conference agreement provides $14,900,000 for emergency 

planning and security costs in the District of Columbia as proposed 

by the House and the Senate. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

The conference agreement provides $232,841,000 for the District of Columbia Courts, instead of $224,394,000 as proposed by 

the House and $230,319,000 as proposed by the Senate. Within the 

amount provided, $12,830,000 is for the District of Columbia Court 

of Appeals, $114,209,000 is for the District of Columbia Superior 

Court, $66,712,000 is for the District of Columbia Court System, 

and $39,090,000 is for capital improvements to Court facilities. 

For the District of Columbia Superior Court, the conference 

agreement provides $114,209,000 instead of $109,307,000 as proposed by the House and $111,687,000 as proposed by the Senate. 

Increased funding is provided to address the Court’s top priorities, 

including the Fathering Court Initiative and the Drop-In Center for 

Juvenile Girls. 

The conference agreement does not continue bill language from 

prior years requiring the District of Columbia Courts to use GSA 

for payroll and financial services, as proposed by the House. While 

not excluding the use of GSA for these services, the conferees are 

aware this provision will allow the District of Columbia Courts 

greater flexibility in selecting and contracting for its payroll and financial services. 

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF

COLUMBIA COURTS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $55,000,000 for Defender 

Services in District of Columbia Courts as proposed by the Senate, 

instead of $54,890,000 as proposed by the House. 

The conference agreement does not continue bill language from 

prior years requiring the Defender Services in District of Columbia 

Courts to use GSA for payroll and financial services as proposed by 

the House. While not excluding the use of GSA for these services, 

the conferees are aware this provision will allow the Defender 

Services in District of Columbia Courts greater flexibility in selecting and contracting for its payroll and financial services. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

The conference agreement provides $212,983,000 to the Court 

Services and Offender Supervision Agency for the District of Columbia as proposed by the House and the Senate. Within the 

amount provided, $153,548,000 is for Community Supervision and 

Sex Offender Registration and $59,435,000 is for the Pretrial Services Agency. 


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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER

SERVICE

The conference agreement provides $37,241,000 for the Public 

Defender Service as proposed by the House and the Senate. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

The conference agreement provides $15,000,000 for the District 

of Columbia Water and Sewer Authority as proposed by the Senate 

instead of no funds as proposed by the House. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

The conference agreement provides $1,800,000 for the Criminal 

Justice Coordinating Council as proposed by the Senate instead of 

$1,796,000 as proposed by the House. 

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

The conference agreement provides $500,000 for Judicial Commissions as proposed by the Senate instead of $499,000 as proposed 

by the House. Within the amount provided, $295,000 is for the 

Commission on Judicial Disabilities and Tenure, and $205,000 is 

for the Judicial Nomination Commission. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

The conference agreement includes $60,000,000 for school improvement in the District of Columbia as proposed by the House 

and the Senate. As authorized by the Scholarship for Opportunity 

and Results Act, funds are equally divided between District of Columbia Public Schools ($20,000,000), District of Columbia Public 

Charter Schools ($20,000,000) and District of Columbia Opportunity Scholarships ($20,000,000). The conference agreement does 

not adopt the Senate requirement that the Secretary of Education 

perform an assessment of schools participating in the Opportunity 

Scholarships program. 

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

The conference agreement provides $375,000 for the Major 

General David F. Wherley, Jr. District of Columbia National Guard 

Retention and College Access Program as proposed by the House 

and the Senate. 

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

The conference agreement provides a $5,000,000 Federal payment to the District of Columbia solely for the purpose of HIV/ 

AIDS testing and treatment. No funds were provided for this activity in the House or the Senate. 

DISTRICT OF COLUMBIA FUNDS

The conference agreement provides authority for the District of 

Columbia to spend its local funds in accordance with the Fiscal 


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Year 2012 Budget Request Act of 2011 (DC Act 19–92), as modified 

as of the date of the enactment of this Act. 

TITLE V 

INDEPENDENT AGENCIES 

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

SALARIES AND EXPENSES

The conference agreement provides $2,900,000, to remain 

available until September 30, 2013, for the Administrative Conference of the United States as proposed by the Senate, instead of 

$2,608,000 as proposed by the House. 

CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION

SALARIES AND EXPENSES

The conference agreement provides $450,000 for the Christopher Columbus Fellowship Foundation as proposed by the Senate, instead of no funds as proposed by the House. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $114,500,000 for the Consumer Product Safety Commission (CPSC) as proposed by the Senate, instead of $111,288,000 as proposed by the House. 

The conferees are aware that small, round, coin-shaped batteries, known as ‘‘button cell batteries’’ are increasingly present in 

consumer products, and pose a hazard—potentially fatal—to small 

children who ingest them. The conferees support efforts to ensure 

that these batteries are securely enclosed in products (like the existing Federal safety rules that require toys that use batteries to 

have such compartments), with accompanying warning labels. 

CPSC has identified window coverings with cords as one of the 

top five hidden hazards in the home and CPSC is aware of 120 fatalities and 113 serious injuries related to corded window blinds 

since 1999. The conferees urge parties involved in the standards 

process to redouble efforts to address the strangulation risk posed 

by corded window coverings in a timely manner. 

ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT SAFETY

COMMISSION

The conference agreement includes the following administrative provisions for the Consumer Product Safety Commission: 

Section 501 permits CPSC staff serving abroad to be eligible 

for benefits similar to those authorized for Foreign Service officials. 

Section 502 includes language making technical corrections to 

the Virginia Graeme Baker Pool and Spa Safety Act. 

Section 503 requires the Government Accountability Office 

(GAO) to study the potential risks associated with new and emerging consumer products. 


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Section 504 requires the GAO to study the efficacy of voluntary 

industry standards for consumer products. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $11,500,000 for the salaries 

and expenses of the Election Assistance Commission (EAC), instead 

of $6,858,000 as proposed by the House and $14,750,000 as proposed by the Senate. This includes $2,750,000 to be transferred to 

the National Institute of Standards and Technology and $1,250,000 

for the EAC Inspector General. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $339,844,000 for the salaries and expenses of the Federal Communications Commission 

(FCC), instead of $319,004,000 as proposed by the House and 

$354,181,000 as proposed by the Senate. This includes $9,750,000 

for the FCC Inspector General. The conference agreement provides 

that $339,844,000 be derived from offsetting collections, resulting 

in no net appropriation. 

The conferees note that the Fairness Doctrine was removed 

from the FCC’s rulebooks as of August 22, 2011. 

ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS

COMMISSION

The conferees agree to the following administrative provisions 

for the Federal Communications Commission: 

Section 510 extends an exemption for the Universal Service 

Fund. 

Section 511 prohibits the Federal Communications Commission 

from changing rules governing the Universal Service Fund regarding single connection or primary line restrictions. 

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides a transfer of $45,261,000 to 

fund the Office of Inspector General (OIG) for the Federal Deposit 

Insurance Corporation as proposed by both the House and Senate. 

The OIG’s appropriations are derived from the Deposit Insurance 

Fund and the FSLIC Resolution Fund. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $66,367,000 for the salaries 

and expenses of the Federal Election Commission as proposed by 

the House and Senate. 


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FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

The conference agreement provides $24,723,000 for the Federal 

Labor Relations Authority as proposed by the Senate, instead of 

$24,105,000 as proposed by the House. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $311,563,000 for the salaries and expenses of the Federal Trade Commission (FTC) as proposed by the Senate, instead of $284,067,000 as proposed by the 

House. This appropriation is partially offset by premerger filing 

fees estimated at $108,000,000 and $21,000,000 from fees to implement the Telemarketing Sales Rule. 

The conference agreement does not adopt the Senate requirement that the FTC submit voluntary food marketing principles in 

a final report to the Committees. 

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

The conference agreement provides resources from the General 

Services Administration (GSA) Federal Buildings Fund totaling 

$8,017,967,000, instead of $7,223,801,000 as proposed by the House 

and $8,144,967,000 as proposed by the Senate. 

Construction and Acquisition.—The conference agreement provides $50,000,000 for construction and acquisition, instead of $0 as 

proposed by the House and $65,000,000 as proposed by the Senate. 

The conferees clarify the House report language about use of 

prior appropriations for projects and agree, unless GSA follows the 

reprogramming process in Section 608 that requires the approval 

of the Committees, that GSA is prohibited from using either funding appropriated for any construction project yet to be completed 

or the proceeds from the sale of land from the yet-to-be-completed 

project other than to address the need for space for which the construction project was intended. 

Repairs and Alterations.—The conference agreement provides 

$280,000,000 for repairs and alterations, as proposed by the House 

and Senate. Funds are provided in the amounts indicated: 

Judiciary Capital Security Program ..................................................... $20,000,000 

Basic Repairs and Alterations .............................................................. $260,000,000 

Energy Saving Lighting Technologies.—The conference agreement adopts the House reporting requirement on LED lights and 

clarifies that LED lights are expected to be incorporated into GSA’s 

building specifications as appropriate. 

Installment Acquisition Payments.—The conference agreement includes $126,801,000 for installment acquisition payments, as proposed by both the House and the Senate. 


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Rental of Space.—The conference agreement provides $5,210,198,000 for rental of space, instead of $4,700,000,000 as proposed by the House and $5,285,198,000 as proposed by the Senate. 

Building Operations.—The conference agreement provides $2,350,968,000 for building operations, instead of $2,117,000,000 as 

proposed by the House and $2,387,968,000 as proposed by the Senate. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

The conference agreement provides $61,115,000 for GSA Gov- ernment-wide policy activities, instead of $64,826,000 as proposed 

by the House and $61,750,000 as proposed by the Senate. 

OPERATING EXPENSES

The conference agreement provides $69,500,000 for operating expenses of GSA instead of $68,135,000 as proposed by the House 

and $70,000,000 as proposed by the Senate. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $58,000,000 for the Office 

of Inspector General as proposed by the Senate instead of 

$58,882,000 as proposed by the House. 

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $12,400,000 for the Electronic Government Fund. These funds may be transferred to other 

Federal agencies to carry out the purposes of the Electronic Government Fund, but only after a spending plan and explanation for 

each project has been submitted to the Committees on Appropriations. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

The conference agreement includes $3,671,000 for allowances 

and staff for former Presidents, as proposed by both the House and 

the Senate. 

FEDERAL CITIZEN SERVICES FUND

The conference agreement provides $34,100,000 for deposit into 

the Federal Citizens Services Fund (the Fund) and authorizes use 

of appropriations, revenues and collections in the Fund in an aggregate amount not to exceed $90,000,000. 

ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS AND RESCISSION)

The conferees agree to the following provisions: 

Section 520 specifies that funds are available for hire of motor 

vehicles. 

Section 521 authorizes transfers within the Federal Buildings 

Fund, with advance approval of the Committees on Appropriations. 


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Section 522 prohibits the use of funds to transmit a fiscal year 

2013 request for courthouse construction unless the request meets 

design guide standards, reflects the priorities in the Judicial Conference 5-year construction plan, and includes a standardized 

courtroom utilization study. 

Section 523 specifies that funds in this Act may not be used 

to increase the amount of occupiable space or provide services such 

as cleaning or security for any agency that does not pay the rental 

charges assessed by GSA. 

Section 524 permits GSA to pay certain construction-related 

claims against the Federal Government from savings achieved in 

other projects. 

Section 525 requires that the delineated area of procurement 

for leased space match the approved prospectus, unless the Administrator provides an explanatory statement to the appropriate congressional committees. 

Section 526 increases the permissible uses of the fees collected 

by the GSA Federal Acquisition Institute. 

Section 527 rescinds $4,600,000 from completed projects. 

Section 528 directs GSA to submit a report within 120 days of 

enactment of this Act about programs funded by appropriations to 

GSA, but not under GSA control. 

HARRY S TRUMAN SCHOLARSHIP FOUNDATION

SALARIES AND EXPENSES

The conference agreement includes $748,000 for a payment to 

the Harry S. Truman Scholarship Foundation Trust Fund as proposed by the House instead of $700,000 as proposed by the Senate. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $42,603,000, to remain 

available until September 30, 2013, for the salaries and expenses 

of the Merit Systems Protection Board as proposed by the Senate, 

instead of $41,761,000 as proposed by the House. Within the 

amount provided, $40,258,000 is a direct appropriation and 

$2,345,000 is a transfer from the Civil Service Retirement and Disability Fund to adjudicate retirement appeals. 

MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION

MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND

The conference agreement includes $2,200,000 for payment to 

the Morris K. Udall and Stewart L. Udall Trust Fund as proposed 

by the Senate. 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

The conference agreement includes $3,792,000 for payment to 

the Environmental Dispute Resolution Fund as proposed by the 

Senate. 


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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $373,300,000 for the operating expenses of the National Archives and Records Administration (NARA), instead of $360,969,000 as proposed by the House and 

$378,845,000 as proposed by the Senate. 

The conferees reiterate Senate language noting material weakness in the security of NARA’s holdings. The conferees direct 

NARA to institute and enforce effective inventory controls and adequate levels of security within its facilities to reduce the risk of loss 

and damage to our Nation’s documents and records. 

In addition, the conferees direct NARA to continue to work 

with agencies on records management policies, especially those related to document destruction. The conferees believe it is critical 

for all agencies to be aware of the importance of these policies and 

to have proper systems in place for document retention and preservation. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $4,100,000 for NARA’s Office of Inspector General as proposed by the House and the Senate. 

REPAIRS AND RESTORATION

The conference agreement provides $9,100,000 for repairs and 

restoration, instead of $8,693,000 as proposed by the House and 

$9,659,000 as proposed by the Senate. 

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

The conference agreement provides $5,000,000 for the National 

Historical Publications and Records Commission grant program as 

proposed by the Senate, instead of $1,000,000 as proposed by the 

House. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

The conference agreement limits administrative expenses to 

$1,250,000 and provides for authorized lending, as proposed by the 

Senate. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

The conference agreement includes $1,247,000 for the Community Development Revolving Loan Fund as proposed by the Senate, 

instead of $500,000 as proposed by the House. 


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OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

The conference agreement provides $13,664,000 for salaries 

and expenses of the Office of Government Ethics as proposed by 

the Senate, instead of $13,483,000 as proposed by the House. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The conference agreement provides $210,290,000 for salaries 

and expenses as proposed by both the House and the Senate. Within the amount provided, $99,774,000 is a direct appropriation and 

$112,516,000 is a transfer from Office of Personnel Management 

(OPM) trust funds. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The conference agreement provides $24,316,000 for salaries 

and expenses of the Office of Inspector General as proposed by the 

House and the Senate. Within the amount provided, $3,142,000 is 

a direct appropriation and $21,174,000 is a transfer from OPM 

trust funds. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

The conference agreement provides such sums as necessary for 

health benefits payments as proposed by the Senate. The House 

proposed funding these mandatory costs in a general provision. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

The conference agreement provides such sums as necessary for 

life insurance payments as proposed by the Senate. The House proposed funding these mandatory costs in a general provision. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

The conference agreement provides such sums as necessary for 

retirement and disability payments as proposed by the Senate. The 

House proposed funding these mandatory costs in a general provision. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

The conference agreement includes $18,972,000 for the salaries 

and expenses of the Office of Special Counsel as proposed by the 

Senate, instead of $17,997,000 as proposed by the House. 


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POSTAL REGULATORY COMMISSION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $14,304,000 for the salaries 

and expenses of the Postal Regulatory Commission as proposed by 

the Senate, instead of $13,946,000 as proposed by the House. 

PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

SALARIES AND EXPENSES

The conference agreement provides $900,000 for the salaries 

and expenses of the Privacy and Civil Liberties Oversight Board 

(PCLOB) instead of $1,000,000 as proposed by the Senate and no 

funding as proposed by the House. The conferees are concerned 

that the Administration has not reconstituted the PCLOB as required by law. Section 618 rescinds $998,000 of prior year unobligated balances. 

RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD

SALARIES AND EXPENSES

The conference agreement provides $28,350,000, to remain 

available until September 30, 2013, for the salaries and expenses 

of the Recovery Accountability and Transparency Board, instead of 

$25,000,000 as proposed by the House and $28,400,000 as proposed 

by the Senate. The conferees note that funding provided for the Recovery Board may be used to develop and test information technology to enhance transparency and detect waste, fraud, and abuse 

in federal spending. Within 90 days of enactment of this Act, the 

conferees direct the Recovery Board to report to the Committees on 

Appropriations on their plan for such activities. The report shall include detailed descriptions and planned spending. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $1,321,000,000 for the Securities and Exchange Commission (SEC), instead of 

$1,185,000,000 as proposed by the House and $1,407,483,130 as 

proposed by the Senate. The conference agreement provides that 

$1,321,000,000 be derived from offsetting collections resulting in no 

net appropriation. 

The conference agreement provides that the SEC Office of Inspector General shall receive no less than $6,795,000 as proposed 

by the Senate, instead of $6,790,000 as proposed by the House. 

The conferees do not adopt the Senate designation of $483,130 

specifically for the strengthening of the acquisition workforce. However, while not designating funding, the Committee remains concerned about the SEC’s acquisition processes and expects the SEC 

to dedicate sufficient resources to strengthening the agency’s capacity and capabilities of the acquisition workforce. 


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The conferees remain seriously concerned with the SEC’s lack 

of judgment in its past leasing practices, most notably the mismanagement of the agency’s Constitution Center lease. The conferees are unconvinced that the SEC’s efforts to reform their leasing practices have fully addressed the problems. The agency’s leasing and budgetary recording practices over the last 20 years of 

independent leasing authority have led the SEC to experience 

budget deficiencies. The conferees consider this unacceptable and 

expect the SEC to carefully evaluate all prospective leases and renewals of existing leases going forward in relation to the budget resources. The conferees are aware of the SEC’s arrangement with 

the General Services Administration, which the conferees believe is 

a good first step. The conferees intend to closely monitor how the 

SEC exercises its leasing authority to ensure that the SEC has 

adequately reformed its leasing practices. 

The conferees are also highly concerned about the unauthorized destruction of documents by the SEC which spanned a decade 

and remained ongoing even after the National Archives and 

Records Administration asked for an explanation. The preservation 

of agency documents is critical to the record keeping of every agency and Federal rules have been established in the interest of transparency and disclosure. As the agency tasked with monitoring companies’ disclosures, this latest chapter of mismanagement at the 

SEC contravenes the agency’s own mission and distracts SEC management from focusing on the critical work of protecting investors. 

Due to the above concerns, the conferees direct the SEC to provide the House and Senate Appropriations Committees with corrective action reports, submitted to the SEC Inspector General, related to lease agreements and document destruction no later than 

30 days after enactment of this Act. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

The conference agreement provides $23,984,000 for the salaries 

and expenses of the Selective Service System as proposed by the 

Senate, instead of $23,620,000 as proposed by the House. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $417,348,000 for the salaries and expenses account of the Small Business Administration 

(SBA), instead of $422,296,000 as proposed by the House and 

$404,202,000 as proposed by the Senate. 

Of the amount provided under this heading, $245,000,000 is 

for the operating expenses of the SBA and $172,348,000 is for noncredit programs. 

The conferees direct that no less than the following amounts 

shall be dedicated to the following SBA non-credit programs: 

Veterans Programs ...................................................................................................................... $2,500,000 

7(j) Technical Assistance Programs ........................................................................................... 3,100,000 

Small Business Development Centers ........................................................................................ 112,500,000 


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SCORE ......................................................................................................................................... 7,000,000 

Women’s Business Centers ......................................................................................................... 14,000,000 

Women’s Business Council ......................................................................................................... 998,000 

Native American Outreach .......................................................................................................... 1,250,000 

Microloan Technical Assistance .................................................................................................. 20,000,000 

PRIME .......................................................................................................................................... 3,500,000 

HUBZone ...................................................................................................................................... 2,500,000 

Entrepreneurial Development Initiative (Clusters) ..................................................................... 5,000,000

Total, non-credit programs ................................................................................................ 172,348,000 

The conferees direct that the SBA shall not reduce these noncredit programs from the amounts specified above and the SBA 

shall not merge any of the non-credit programs without advance 

written approval from the Committees on Appropriations. 

Although set-aside funding for the Emerging Leaders program 

is not specified, the conferees note that in prior years SBA derived 

funds for the Emerging Leaders program from base resources in 

the Salaries and Expenses account. 

The conferees adopt Senate report language regarding veterans’ business outreach centers. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $16,267,000 for the Office 

of Inspector General of the Small Business Administration as proposed by the House instead of $16,267,400 as proposed by the Senate. 

OFFICE OF ADVOCACY

The conference agreement provides $9,120,000 for this account 

as proposed by the House and the Senate. 

BUSINESS LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $358,736,000 for the Business Loans Program Account, instead of $363,323,000 as proposed 

the House and $358,498,000 as proposed by the Senate. Of the 

amount provided, $3,678,000 is for the cost of direct loans in the 

microloan program, $207,100,000 is for the cost of guaranteed 

loans, and $147,958,000 is for administrative expenses to carry out 

the direct and guaranteed loan programs and may be transferred 

to and merged with Salaries and Expenses. 

DISASTER LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes $117,300,000 for the administrative costs of the Disaster Loans Program Account, instead 

of $167,300,000 as proposed by both the House and the Senate. 


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ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes the following administrative provisions for the Small Business Administration. 

Section 530 concerns transfer authority and availability of 

funds. 

Section 531 extends, for businesses that can obtain credit elsewhere, the length of time for repaying a disaster loan from three 

years to seven years. 

Section 532 details the information to be provided in the SBA’s 

annual budget request. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

The conference agreement provides $78,153,000 for a payment 

to the Postal Service Fund as proposed by the House and the Senate. This is an advance appropriation for fiscal year 2013 to continue free mail for the blind and overseas voting. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides up to $241,468,000 for the 

Office of Inspector General as proposed by the Senate, instead of 

$237,810,000 as proposed by the House. 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

The conference agreement provides $51,079,000 for salaries 

and expenses of the United States Tax Court, instead of 

$50,689,000 as proposed by the House and $51,469,000 as proposed 

by the Senate. 

TITLE VI 

GENERAL PROVISIONS—THIS ACT 

(INCLUDING RESCISSIONS)

The conferees agree to the following provisions: 

Section 601 prohibits paying expenses or otherwise compensating non-Federal parties in regulatory or adjudicatory proceedings funded in this Act. 

Section 602 prohibits obligations beyond the current fiscal year 

and transfers of funds unless expressly so provided herein. 

Section 603 limits consulting service expenditures to contracts 

where such expenditures are a matter of public record, with exceptions. 


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Section 604 prohibits funds from being transferred to any department, agency, or instrumentality of the United States without 

express authority provided in this or any other appropriations Act. 

Section 605 prohibits the use of funds to engage in activities 

that would prohibit the enforcement of section 307 of the 1930 Tariff Act. 

Section 606 prohibits funds from being expended unless the recipient agrees to comply with the Buy American Act. 

Section 607 prohibits funding to a person or entity convicted of 

violating the Buy American Act. 

Section 608 provides reprogramming authority and requires 

agencies to submit financial plans to the House and Senate Appropriations Committees. 

Section 609 provides that not to exceed 50 percent of unobligated balances from salaries and expenses may remain available 

for certain purposes. 

Section 610 prohibits funds for the Executive Office of the 

President to request any official background investigation from the 

Federal Bureau of Investigation unless the person has given consent or there are national security circumstances. 

Section 611 requires that cost accounting standards not apply 

to a contract under the Federal Employees Health Benefits Program. 

Section 612 permits the Office of Personnel Management to accept funds regarding the nonforeign area cost of living allowances. 

Section 613 prohibits the expenditure of funds for abortions 

under the Federal Employees Health Benefits Program. 

Section 614 provides an exemption from section 613 if the life 

of the mother is in danger or the pregnancy is a result of an act 

of rape or incest. 

Section 615 waives restrictions on the purchase of non-domestic articles, materials, and supplies for information technology acquired by the Federal Government. 

Section 616 prohibits the acceptance by any regulatory agency 

or commission funded by this Act, or by their officers or employees, 

of payment or reimbursement for travel, subsistence, or related expenses from any person or entity (or their representative) that engages in activities regulated by such agency or commission. 

Section 617 provides authority for the Public Company Accounting Oversight Board to obligate funds for a scholarship program. 

Section 618 rescinds $998,000 in unobligated balances for the 

Privacy and Civil Liberties Oversight Board. The conferees note the 

Board has yet to be established. 

Section 619 requires the President to transmit proposed deficiency and supplemental appropriations requests to Congress on 

behalf of the judicial and legislative branches as is presently done 

for the executive branch. 

Section 620 permits the SEC and CFTC to fund a joint advisory committee to advise on emerging regulatory issues, notwithstanding section 708 of this Act. 

Section 621 includes language regarding the Abraham Lincoln 

Commemorative Coin Act. 


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Section 622 allows the publication in the Federal Register of a 

reference to the Help America Vote Act State plans, rather than 

publication of the complete State plans. 

Section 623 rescinds $25,000,000 from the Securities and Exchange Commission Reserve Fund established by the Dodd-Frank 

Wall Street Reform and Consumer Protection Act. 

Section 624 requires certain agencies to provide quarterly reports on unobligated prior year balances. 

Section 625 requires agencies covered by this Act with independent leasing authority to consult with the General Services Administration before seeking new office space or making alterations 

to existing office space. 

Section 626 prohibits funds for the FTC to complete the draft 

report on food marketed to children unless certain requirements 

are met. 

Section 627 prohibits funds for certain positions. 

Section 628 provides that no FCC funds may be used, or otherwise permitted, for certain commercial terrestrial operations. 

Section 629 prohibits funding for hiring new Federal employees 

that are not verified through the E-Verify Program. 

Section 630 prohibits funds to any corporation with certain unpaid Federal tax liabilities unless the agency has considered suspension or debarment of the corporation and made a determination 

that further action is not necessary to protect the interests of the 

Government. 

Section 631 prohibits funds to any corporation that was convicted of a felony criminal violation within the preceding 24 months 

unless the agency has considered suspension or debarment of the 

corporation and made a determination that further action is not 

necessary to protect the interests of the Government. 

Section 632 delays a statutory requirement for the United 

States Postal Services to make a payment to the Postal Service Retiree Health Benefit Fund until August 1, 2012. 

TITLE VII 

GENERAL PROVISIONS—GOVERNMENT-WIDE 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

The conferees agree to the following provisions: 

Section 701 requires all agencies have a written policy for ensuring a drug-free workplace. 

Section 702 sets specific limits on the cost of passenger vehicles with exceptions for police, heavy duty, electric hybrid and 

clean fuels vehicles. 

Section 703 makes appropriations available for quarters/costof-living allowances. 

Section 704 prohibits the use of appropriated funds to compensate officers or employees of the Federal government in the continental United States unless they are citizens of the United States 

or qualify under other specified exceptions. 

Section 705 ensures that appropriations made available to any 

department or agency for space, services and rental charges shall 


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925 

also be available for payment to the General Services Administration. 

Section 706 allows the use of receipts from the sale of materials for acquisition, waste reduction and prevention, environmental management programs and other Federal employee programs as appropriate. 

Section 707 allows funds for administrative expenses of government corporations and certain agencies to also be available for rent 

in the District of Columbia, services under 5 U.S.C. 3109, and the 

objects specified under this head. 

Section 708 prohibits funds for interagency financing of boards 

(with exception), commissions, councils, committees or similar 

groups to receive multi-agency funding without prior statutory approval. 

Section 709 precludes funds for regulations which have been 

disapproved by joint resolution. 

Section 710 limits the amount of funds that can be used for redecoration of offices under certain circumstances to $5,000, unless 

advance notice is transmitted to the House and Senate Committees 

on Appropriations. 

Section 711 allows for interagency funding of national security 

and emergency preparedness telecommunications initiatives. 

Section 712 requires agencies to certify that a Schedule C appointment was not created solely or primarily to detail the employee to the White House. 

Section 713 prohibits the salary payment of any employee who 

prohibits, threatens, prevents or otherwise penalizes another employee from communicating with Congress. 

Section 714 prohibits Federal employee training not directly 

related to the performance of official duties. 

Section 715 prevents funds from being used to implement or 

enforce non-disclosure agreement policies unless certain provisions 

are included, updates the Executive Order and other citations and 

makes provisions for nondisclosure agreements entered into before 

the effective date of any updated statutes of governance. 

Section 716 prohibits executive branch agencies from using 

funds for propaganda or publicity purposes in support or defeat of 

legislative initiatives. 

Section 717 prohibits any Federal agency from disclosing an 

employee’s home address to any labor organization, absent employee authorization or court order. 

Section 718 prohibits funds to be used to provide non-public information such as mailing or telephone lists to any person or organization outside the government without the approval of the House 

and Senate Committees on Appropriations. 

Section 719 prohibits the use of funds for propaganda and publicity purposes not authorized by Congress. 

Section 720 directs agency employees to use official time in an 

honest effort to perform official duties. 

Section 721 authorizes the use of funds to finance an appropriate share of the Federal Accounting Standards Advisory Board 

administrative costs. 


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Section 722 authorizes the transfer of funds to the General 

Services Administration to finance an appropriate share of various 

government-wide boards and councils under certain conditions. 

Section 723 permits breastfeeding in a Federal building or on 

Federal property if the woman and child are authorized to be there. 

Section 724 permits interagency funding of the National 

Science and Technology Council and requires the Office of Management and Budget to provide a report to the House and Senate on 

the budget and resources of the National Science and Technology 

Council. 

Section 725 requires that the Federal forms that are used in 

distributing Federal funds to a State must indicate the agency providing the funds, the Federal Domestic Assistance Number, and 

the amount provided. 

Section 726 prohibits the use of funds to monitor personal information relating to the use of Federal Internet sites to collect, review, or create any aggregate list that includes personally identifiable information relating to access to or use of any Federal Internet 

site of such agency. 

Section 727 requires health plans participating in the Federal 

Employees Health Benefits Program to provide contraceptive coverage and provides exemptions to certain religious plans. 

Section 728 recognizes the United States is committed to ensuring the health of the Olympic, Pan American and Paralympic 

athletes, and supports the strict adherence to antidoping in sport 

activities. 

Section 729 allows funds for official travel to be used by departments and agencies, if consistent with OMB and Budget Circular A–126, to participate in the fractional aircraft ownership pilot 

program. 

Section 730 prohibits funds for implementation of the Office of 

Personnel Management regulations limiting detailees to the Legislative Branch or implementing limitations on the Coast Guard Congressional Fellowship Program. 

Section 731 restricts the use of funds for Federal law enforcement training facilities with an exception for the Federal Law Enforcement Training Center. 

Section 732 prohibits funds for E-Government initiatives sponsored by the Office of Management and Budget prior to 15 days following submission of a report to the House and Senate Committees 

on Appropriations and receipt of the Committees’ approval to transfer funds. The section also prohibits funds for new E-Government 

initiatives without the explicit approval of the Committees. 

Section 733 prohibits funds to begin or announce a study or 

public-private competition regarding conversion to contractor performance pursuant to OMB Circular A–76. 

Section 734 prohibits executive branch agencies from creating 

prepackaged news stories that are broadcast or distributed in the 

United States unless the story includes a clear notification within 

the text or audio of that news story that the prepackaged news 

story was prepared or funded by that executive branch agency. 

Section 735 prohibits funds from being used in contravention 

of the Privacy Act or associated regulations. 


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Section 736 requires agencies to evaluate the creditworthiness 

of an individual before issuing a government travel charge card 

and prohibits agencies from issuing a government travel charge 

card to individuals who have an unsatisfactory credit history. 

Section 737 requires the Office of Management and Budget to 

submit a crosscut budget report on Great Lakes restoration activities not later than 45 days after the submission of the budget of 

the President to Congress. 

Section 738 prohibits funds in this or any other Act to be used 

for Federal contracts with inverted domestic corporations, unless 

the contract preceded this Act or the Secretary grants a waiver in 

the interest of national security. 

Section 739 prohibits agencies from using funds to implement 

regulations changing the competitive areas under reductions-inforce for Federal employees. 

Section 740 makes changes to Section 743 of the Consolidated 

Appropriations Act of 2010 (Public Law 111–117) to require reporting on task orders. 

Section 741 requires agencies to pay a fee to the Office of Personnel Management for processing retirements of employees who 

separate under Voluntary Early Retirement Authority or who receive Voluntary Separation Incentive payments. 

Section 742 declares references to ‘‘this Act’’ contained in any 

title other than title IV or VIII shall not apply to such titles IV or 

VIII. 

Section 743 prohibits funds to require any entity submitting an 

offer for a Federal contract to disclose political contributions. 

Section 744 provides transfer authority for amounts made 

available to the Commodity Futures Trading Commission for information technology investments under Public Law 112–55. 

TITLE VIII 

GENERAL PROVISIONS—DISTRICT OF COLUMBIA 

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to the following general provisions for the 

District of Columbia: 

Section 801 allows the use of local funds for making refunds 

or paying judgments against the District of Columbia government. 

Section 802 prohibits the use of Federal funds for publicity or 

propaganda designed to support or defeat legislation before Congress or any State legislature. 

Section 803 establishes reprogramming procedures for Federal 

funds. 

Section 804 prohibits the use of Federal funds for the salaries 

and expenses of a shadow U.S. Senator or U.S. Representative. 

Section 805 places restrictions on the use of District of Columbia government vehicles. 

Section 806 prohibits the use of Federal funds for a petition or 

civil action which seeks to require voting rights for the District of 

Columbia in Congress. 

Section 807 prohibits the use of Federal funds in this Act to 

distribute, for the purpose of preventing the spread of blood borne 


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pathogens, sterile needles or syringes in any location that has been 

determined by local public health officials or local law enforcement 

authorities to be inappropriate for such distribution. 

Section 808 concerns a ‘‘conscience clause’’ on legislation that 

pertains to contraceptive coverage by health insurance plans. 

Section 809 modifies and makes permanent a provision that requires the Mayor of the District of Columbia to submit annual reports on various indicators pertaining to the District of Columbia 

as proposed by the Senate. 

Section 810 prohibits the use of Federal funds to legalize or reduce penalties associated with the possession, use or distribution of 

any schedule I substance under the Controlled Substances Act or 

any tetrahydrocannabinols derivative. 

Section 811 prohibits the use of funds for abortion except in 

the cases of rape or incest or if necessary to save the life of the 

mother. 

Section 812 requires the CFO to submit a revised operating 

budget no later than 30 calendar days after the enactment of this 

Act for agencies the CFO certifies as requiring a reallocation in 

order to address unanticipated program needs. 

Section 813 requires the CFO to submit a revised operating 

budget for the District of Columbia Public Schools, no later than 

30 calendar days after the enactment of this Act, that aligns school 

budgets to actual enrollment. 

Section 814 authorizes the transfer of local funds to capital and 

enterprise funds. 

Section 815 permits the District of Columbia Public Defender 

Service to purchase professional liability insurance for its attorneys, staff and board members as proposed by the Senate. 

Section 816 modifies the frequency of management evaluations 

by the Government Accountability Office of the District of Columbia’s chartering authority for public charter schools as proposed by 

the Senate. 

Section 817 specifies that references to this Act in this title or 

title IV are treated as referring only to the provisions of this title 

and title IV. 


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929 


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930 


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931 


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932 


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933 


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934 


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935 


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936 


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937 


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938 


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939 


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940 


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941 


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942 


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943 


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944 

DIVISION D—DEPARTMENT OF HOMELAND SECURITY 

APPROPRIATIONS ACT, 2012 

The following is an explanation of the effects of Division D, 

which makes appropriations for the Department of Homeland Security for fiscal year 2012. Unless otherwise noted, reference to the 

House and Senate reports are to House Report 112–91 and Senate 

Report 112–74, respectively. The language and allocations contained in House Report 112–91 and Senate Report 112–74 should 

be complied with and carry the same emphasis as the language included in the explanatory statement, unless specifically addressed 

to the contrary in the conference report or this explanatory statement. While repeating some report language for emphasis, this explanatory statement does not intend to negate the language referred to above unless expressly provided herein. When this explanatory statement refers to the Committees or the Committees on Appropriations, unless otherwise noted, this reference is to the House 

Subcommittee on Homeland Security and the Senate Subcommittee 

on the Department of Homeland Security. In cases where the explanatory statement directs the submission of a report, such report 

shall be provided to the Committees on Appropriations by February 

15, 2012, unless otherwise directed. In cases where the explanatory 

statement directs a briefing, such briefing shall be provided to the 

Committees by February 15, 2012, unless otherwise directed. 

This explanatory statement refers to the following laws and organizations as follows: Implementing Recommendations of the 9/11 

Commission Act of 2007, Public Law 110–53, is referenced as the 

9/11 Act; Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93–288 is referenced as the Stafford Act; 

Budget Control Act of 2011, Public Law 112–25, is referenced as 

the Budget Control Act (BCA); the Department of Homeland Security is referenced as DHS or the Department; the Government Accountability Office is referenced as GAO; and the Office of Inspector General of the Department of Homeland Security is referenced 

as OIG. In addition, any reference to ‘‘full-time equivalents’’ shall 

be referred to as FTE; any reference to ‘‘program, project, and activity’’ shall be referred to as PPA; and any reference to the Secretary shall be interpreted to mean the Secretary of Homeland Security. 

Classified Programs 

Recommended adjustments to classified programs are addressed in a classified annex accompanying this explanatory statement. 

TITLE I—DEPARTMENTAL MANAGEMENT AND OPERATIONS 

OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT

A total of $133,159,000 is provided for ‘‘Office of the Secretary 

and Executive Management.’’ Not to exceed $51,000 of this funding 

shall be for official reception and representation expenses, including $17,000 for the Office of Policy to support Visa Waiver Program 

negotiations in Washington, DC, and for other international activities. This Act also includes a provision requiring that funds made 


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available for ‘‘Immediate Office of the Secretary’’ and ‘‘Immediate 

Office of the Deputy Secretary’’ shall be used to pay costs associated with use of government aircraft by DHS personnel in support 

of official travel of the Secretary and Deputy Secretary. 

The amount provided for this appropriation by PPA is as follows: 

Immediate Office of the Secretary ........................................................................................... $5,000,000 

Immediate Office of the Deputy Secretary ............................................................................... 1,918,000 

Office of the Chief of Staff ...................................................................................................... 2,300,000 

Office of Counternarcotics Enforcement ................................................................................... 1,800,000 

Executive Secretary ................................................................................................................... 8,100,000 

Office of Policy .......................................................................................................................... 40,000,000 

Office of Public Affairs ............................................................................................................. 5,800,000 

Office of Legislative Affairs ...................................................................................................... 6,000,000 

Office of Intergovernmental Affairs .......................................................................................... 2,650,000 

Office of General Counsel ......................................................................................................... 22,400,000 

Office for Civil Rights and Civil Liberties ................................................................................ 22,500,000 

Citizenship and Immigration Services Ombudsman ................................................................ 6,200,000 

Privacy Officer ........................................................................................................................... 8,491,000 

Total, Office of the Secretary and Executive Management ............................................. 133,159,000 

Biometric Exit 

Congress has long sought the Department’s determination on 

the path forward for implementing biometric exit, and the conferees have asked for a detailed plan to include costs. On October 

17, 2011, the Secretary sent a letter to the chairmen and ranking 

members of relevant appropriations and authorization committees 

outlining general concerns about implementation, particularly the 

cost of such an undertaking, and proposing legislative changes to 

existing law. While the Secretary states, ‘‘DHS remains committed 

to introducing a biometric component to the exit process’’, the letter 

does not constitute a detailed plan for implementation. Therefore, 

statutory language is included in this Act withholding funds from 

the Office of the Secretary until the plan is submitted, to include 

identifying associated costs. 

Office of Counternarcotics Enforcement 

A total of $1,800,000 is provided for ‘‘Office of Counternarcotics 

Enforcement’’ (CNE), which is available until March 30, 2012, to 

continue CNE operations while the Department conducts an orderly termination of the Office. This funding may be transferred to 

the Office of Policy, which is expected to assume policy development and coordination responsibilities currently assigned to CNE, 

and any such funds transferred will be available until September 

30, 2012. The Assistant Secretary for Policy shall provide, as part 

of the requirement for an expenditure plan for the Office of Policy, 

a detailed description of any such transfers. 

The termination of CNE reflects the need to streamline Executive Branch efforts to carry out the counternarcotics enforcement 

mission. Allowing the funds to be transferred to the Office of Policy 

will ensure the Department can integrate the existing CNE policy 

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ment enforcement and security missions and make optimum use of 

the existing planning and operations elements of its key law enforcement agencies. It will also enable the Department, through the 

Office of Policy, to coordinate DHS policy and programs that are 

carried out with the Office of National Drug Control Policy and 

other Federal, State, local, and international government partners. 

As CNE will be terminated, the GAO is neither required to submit 

an assessment of progress in implementing OIG recommendations 

concerning CNE, nor to assess DHS counternarcotics coordination, 

as required in the House report. 

Expenditure Plans 

The Department shall prepare expenditure plans for fiscal year 

2012 for the agencies funded under this appropriation as specified 

in the Senate report, with the exception of CNE which is being terminated. The plans shall be submitted to the Committees no later 

than March 30, 2012. The plan for the Office of Policy shall list 

planned projects for each sub-office within the Office of Policy, with 

their associated funding and staffing requirements. In addition, 

should the funds made available for either counternarcotics or risk 

management and analysis functions be transferred to the Office of 

Policy, as permitted by this Act, those resources should be delineated in the manner specified for each sub-office in the expenditure 

plan, including missions, planned expenditures, and activities. In 

addition to expenditure plans described above, the Act requires additional fiscal year 2012 expenditure plans, including a plan for 

TSA passenger screening and checked baggage technology programs, the Office of Infrastructure Protection and the National 

Cyber Security Division, the Office of Health Affairs, and the Federal Emergency Management Agency. 

The Department has failed to deliver a number of statutorily 

required fiscal year 2011 expenditure plans, or has delivered them 

unacceptably late. The Department is expected to comply with Congressional direction and demonstrate the priority it places on these 

programs and submit required expenditure plans as directed and 

in accordance with the specified deadlines. The Department should 

already have these expenditure plans as part of its routine management activities; therefore, it is notable, and entirely inexcusable, that the Department did not, for example, submit fiscal year 

2011 expenditure plans for the Office of Policy or US-VISIT—and 

it is well past the end of the fiscal year. 

Quarterly Reports 

The Department is directed to continue submitting the quarterly Secure Border Initiative (SBI) reports, now to be called the 

Border Security Status Report. The new reports shall continue to 

include all performance metrics and resource data from past reports in their current format, with the exception that they no 

longer should include resource data on SBI total budget obligations 

and outlays and budget execution reports. That information already is contained in the annual Border Security Fencing, Infrastructure, and Technology expenditure plan. Additionally, the Department shall include the following in the report: (a) estimates of 


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the impact of programs (such as Operation Streamline) that are intended to reduce the rate of recidivism of illegal border crossers; (b) 

for ports of entry, the maritime domain, and between the ports of 

entry: (1) estimates of total attempted border crossings; (2) the rate 

of apprehension of attempted border crossings; and (3) the inflow 

into the United States of illegal entrants that evade apprehension; 

and (c) data on the subsequent enforcement actions associated with 

Customs and Border Protection (CBP) apprehensions, such as voluntary return, expedited removal, transfer to Immigration and 

Customs Enforcement (ICE) custody, transfer for criminal prosecution, Mexican Interior Repatriation Program, and other categories 

necessary to provide an accurate accounting of such actions. 

The Department is directed to submit quarterly reports on operations in a timely manner, including the overdue SBI Quarterly 

Status reports, the new Border Security Status Reports, the Secure 

Communities Quarterly Reports, and the Detention and Removal 

Operations Quarterly Reports. These reports present critical operational statistics, readily available to the Department, which are 

necessary for appropriate oversight. However, in many instances, 

the Department has failed to provide these reports in accordance 

with specified deadlines, with submissions being so late that these 

reports limit the Committees’ ability to ensure timely oversight. 

Working Capital Fund 

The Department shall include a separate justification in its fiscal year 2013 budget request for the Working Capital Fund (WCF), 

as specified in the House report. This justification shall identify 

and explain cross-cutting initiatives or activities that benefit multiple organizations and are not included in the WCF. The Department shall notify the Committees promptly of any changes made 

to the WCF during the fiscal year and should not use the WCF to 

support activities for which funding requests were previously disapproved by the Committees. 

Official Reception and Representation Allowances 

The Department is directed to submit quarterly reports to the 

Committees listing obligations for all DHS Reception and Representation Expenses by purpose and dollar amount, at a level of 

detail provided in fiscal year 2011, or in greater detail if that is required to explain how funds were used. The Department shall review the level of reception and representation allowances for its 

agencies and components to assure they align with missions and 

responsibilities and submit any proposed changes as part of the fiscal year 2013 budget request. 

Coordination of Federal Chemical Security Efforts 

The Department is expected to execute a Memorandum of 

Agreement between the National Protection and Programs Directorate and the Coast Guard regarding harmonization of chemical 

security responsibilities established by Chemical Facilities AntiTerrorism Standards regulations and Maritime Transportation Security Act regulatory programs no later than March 30, 2012. The 

Deputy Secretary is directed to submit reports on chemical security 


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efforts to the Committees on Appropriations as directed in the Senate report. However, the reports shall be submitted on a semi-annual basis instead of quarterly with the first report due no later 

than March 30, 2012. 

Federally Funded Research and Development Centers 

The Department is directed to report semi-annually to the 

Committees on Appropriations on projects tasked to Federally 

Funded Research and Development Centers as directed in the Senate report and to immediately submit reports for fiscal years 2010 

and 2011, which are unacceptably late. 

Cybersecurity 

Both the Department of Homeland Security and the National 

Guard have capabilities, in conjunction with the private sector, to 

respond to issues related to cybersecurity. In an effort to improve 

coordination between the Federal government and the private sector and to exploit and enhance the capabilities of both sectors, the 

conferees direct the Deputy Secretary of DHS, jointly with the Deputy Secretary of Defense, to submit a report to the Committees no 

later than May 1, 2012, regarding the capabilities for a coordinated 

response to a cyber attack. The report shall evaluate the costs and 

benefits of deploying the National Guard, or other equivalent civilian teams, to supplement current abilities to prevent and recover 

from a cyber attack. The report shall also include: a description of 

current activities of both DHS and the National Guard related to 

the deployment of teams to help prevent or recover from a cyber 

attack; the authorities of each Department, including the boundaries of such authorities and statutory changes that may be necessary to use joint authorities in a domestic response; a description 

of training and education efforts; and a discussion of how critical 

relationships can be established across the agencies to fulfill cybersecurity responsibilities. 

Freedom of Information Act 

The Privacy Officer is directed to report to the Committees on 

Appropriations no later than 30 days after the date of enactment 

of this Act on measures put in place to implement the OIG’s recommendations to fix problems identified with the Department’s 

Freedom of Information (FOIA) activities (OIG–11–67), including 

whether and how recent adjustments to DHS FOIA policies and 

procedures have improved the processing of inquiries, such as decreasing wait times for approval of significant requests. 

Departmental Integrity Efforts 

Since Congress initiated significant increases in funding for 

border security and immigration enforcement in 2005, CBP has 

hired more than 19,176 new employees, a 46 percent increase, and 

ICE has hired over 4,747 new personnel, a 31 percent increase. 

Since 2007, in an effort to reduce the potential for increased corruption, the Congress has provided over $11,000,000 more than 

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pected that the President will join Congress in the effort to get 

ahead of this problem by including increased resources in the fiscal 

year 2013 budget request. 

OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT

A total of $235,587,000 is provided for ‘‘Office of the Under 

Secretary for Management,’’ of which not to exceed $2,500 shall be 

for official reception and representation expenses. Within this 

amount, $5,000,000 shall be available until September 30, 2016, 

solely for costs of facilities alteration and improvement, tenant improvements, and relocations to consolidate DHS headquarters operations at the Nebraska Avenue Complex. 

Pursuant to section 560, a total of $55,979,000 is provided for 

‘‘Office of the Under Secretary for Management’’ for costs associated with headquarters consolidation and mission support consolidation. These funds shall be prioritized towards the completion of 

phase I of the headquarters consolidation project at the St. Elizabeths site in order to avoid further increases to cost and schedule. 

The Under Secretary shall submit an expenditure plan no later 

than 90 days after the date of enactment of this Act detailing how 

these funds will be allocated, including a revised schedule and cost 

estimates for headquarters consolidation. Quarterly briefings are 

required on headquarters and mission support consolidation activities, including any deviation from the expenditure plan. 

The amount provided for this appropriation by PPA is as follows: 

Immediate Office of the Under Secretary for Management ..................................................... $2,550,000 

Office of Security ...................................................................................................................... 70,000,000 

Office of the Chief Procurement Officer ................................................................................... 78,000,000 

Office of the Chief Human Capital Officer: 

Salaries and Expenses ..................................................................................................... 25,165,000 

Human Resources Information Technology ...................................................................... 14,172,000 

Subtotal ................................................................................................................... 39,337,000 

Office of Chief Administrative Officer: 

Salaries and Expenses ..................................................................................................... 40,700,000 

Nebraska Avenue Complex ............................................................................................... 5,000,000

Subtotal ................................................................................................................... 45,700,000 

Total, Office of the Under Secretary for Management... ............................... 235,587,000 

Polar Icebreaker Program 

None of the requested funding is provided for a new study of 

the need for Coast Guard icebreakers. Given the findings of previous reports and analyses of this issue, the Department is urged 

to develop a concept of operations and resource plan to meet national icebreaking needs, including leveraging expertise within the 

Coast Guard and Science and Technology Directorate. The Under 

Secretary shall brief the Committees on the status of this plan no 

later than 90 days after the date of enactment of this Act. 


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Comprehensive and Quarterly Acquisition Status Reports 

Senate Report 111–31 directed the submission of quarterly acquisition reports for major acquisitions. The quarterly reports for 

fiscal year 2010 were not submitted to Congress at the end of each 

quarter as directed, but instead all four quarterly reports were 

combined into one report and submitted on April 12, 2011—over six 

months after the end of fiscal year 2010. This lack of responsiveness is unacceptable, especially since the information requested is 

already required by the Department as part of its own acquisition 

oversight process. 

In order to obtain the information necessary for in-depth congressional oversight, statutory language is included in this Act 

under ‘‘Office of the Under Secretary for Management’’ that requires a Comprehensive Acquisition Status Report to be included 

as part of the submission of the President’s fiscal year 2013 budget, 

with quarterly updates to be submitted 30 days after the completion of each quarter. The requirements for both reports are addressed below. 

The Comprehensive Acquisition Status Report shall include 

programs identified for Major Acquisition Oversight as defined in 

the Department memorandum titled ‘‘Department of Homeland Security Major Acquisition Oversight List’’ dated January 25, 2011, 

and programs that have been classified for major acquisition oversight subsequent to the referenced memorandum. 

The Comprehensive Acquisition Status Report shall include for 

each major acquisition: 

1. A narrative description to include current gaps and shortfalls, the capabilities to be fielded, and the number of planned increments and/or units; 

2. Acquisition Review Board (or other board designated to review the acquisition) status of each acquisition, including the current acquisition phase, the date of the last review and a listing of 

the required documents that have been reviewed with the dates reviewed and/or approved; 

3. The most current approved Acquisition Program Baseline (to 

include project schedules and events); 

4. A comparison of the original Acquisition Program Baseline, 

the current Acquisition Program Baseline, and the current estimate; 

5. Whether or not an Independent Verification and Validation 

has been implemented, with an explanation for the decision and a 

summary of any findings; 

6. A rating of cost risk, schedule risk, and technical risk associated with the program (including narrative descriptions and mitigation actions); 

7. Contract status (to include earned value management data 

as applicable); 

8. A life-cycle cost of the acquisition, and time basis for the estimate; 

9. A planned procurement schedule, including the best estimate of the annual cost and increments/units to be procured annually until procurement is complete; 


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10. A table delineated by appropriation that provides (for prior 

years; past year; current year; budget year; budget year plus one; 

budget year plus two; budget year plus three; budget year plus four 

and beyond; and total cost) the actual or estimated appropriations, 

obligations, unobligated authority, and planned expenditures; 

11. The reason for any significant changes (from the previous 

comprehensive report) in acquisition quantity, cost, or schedule; 

12. Key Events/Milestones from the prior fiscal year; and 

13. Key Events/Milestones for the current fiscal year. 

Quarterly reports shall include: 

1. An updated status report on any major acquisition for which 

there has been an approved or a new acquisition program baseline, 

a new acquisition decision memorandum, or where there has been 

significant deviation from the prior report with respect to acquisition cost, quantity, or schedule (a significant change is any deviation in cost or quantity that exceeds eight percent or any change 

in schedule that exceeds six months). 

2. A table depicting the title of the program, quantity and cost 

based on the original Acquisition Program Baseline, quantity and 

cost based on the most current acquisition program baseline, the 

quantity and cost of the most current estimate, and the explanation 

for any change in quantity and cost from prior reports. 

3. If applicable, a copy of the acquisition decision memorandum, together with a copy of the Letter of Assessment signed 

by the Director of Testing and Evaluation. 

The requirements described under this heading shall replace 

those included in Senate Reports 111–31 and 112–74. 

Office of the Chief Procurement Officer 

A total of $78,000,000 is provided for ‘‘Office of the Chief Procurement Officer’’ (OCPO), including an increase of $3,403,000 to 

enhance DHS acquisition capabilities. 

OCPO shall brief the Committees no later than February 15, 

2012, on its acquisition workforce initiative, as directed in the 

House and Senate reports, including: a baseline analysis of its 

workforce and requirements used in defining the gaps in DHS acquisition capacity and determining the skill sets and positions 

needed to fill those gaps; risks of not filling needed positions; and 

the long-term strategy to close competency gaps. In cases where 

component requests for the Federal Acquisition Workforce Initiative were not funded at the requested amount, components should 

use existing appropriations and fee authority to hire and train 

highly qualified acquisition personnel for which there are clearly 

defined requirements. 

Office of the Chief Human Capital Officer 

A total of $39,337,000 is provided for ‘‘Office of the Chief 

Human Capital Officer’’ (OCHCO), including an increase of 

$688,000 for salaries and expenses to enhance the Balanced Workforce Program Office, workforce training, and leadership development. A total of $14,172,000 is included for the Human Resources 

Information Technology program. 


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Secretary’s Efficiency Review and the Balanced Workforce 

Initiative 

The Under Secretary for Management and the Chief Human 

Capital Officer are directed to brief the Committees on Appropriations no later than February 15, 2012, on the results of the Secretary’s Efficiency Review and the ongoing Balanced Workforce Initiative. The briefing should cover, by priority, efficiencies identified 

through the Review and progress in implementing them; components and specific procurements where additional oversight personnel are required and where they are being or are planned to be 

deployed; and how reforms in headquarters structure and function 

are improving support and management for Department field operations. The briefing should cover the status of the ongoing Balanced Workforce Initiative; provide the most current list of positions DHS plans to convert from contractor to Federal positions, 

and progress against that list; and discuss estimated savings from 

that effort and the methodology used to calculate those savings. 

The Department is directed to arrange for an independent 

evaluation of its efficiency review and provide the results to the 

Committees on Appropriations no later than 30 days after its completion. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

A total of $50,860,000 is provided for ‘‘Office of the Chief Financial Officer.’’ The amount provided includes a decrease from the 

budget request of $11,000,000 for the Transformation and Systems 

Consolidation (TASC) project due to the Department’s decision to 

cancel acquisition plans for TASC. 

Annual Budget Justifications 

Both Senate and House reports call for improvements in the 

content, detail, and format of annual Congressional Budget Justifications submitted by the Department and its components. It is 

essential to the work of Congress that such information be timely, 

accurate, concise, and organized in such a way that facilitates the 

comparison of current with proposed appropriations for programs, 

projects, and activities. Developing comprehensive and clear justifications not only disciplines the planning and resource allocation 

process but could also reduce the need for ancillary budget explanations and program and project expenditure plans and the associated withholding of funding necessitated by the Department’s failure to submit these in a complete or timely manner. 

Current budget presentation materials, while lengthy and containing a wide range of program data, do not uniformly provide the 

information the Committees need to assess the impact of the funding being proposed, how it compares to prior year actual appropriations and funded FTE levels, or to evaluate activities proposed to 

be continued, terminated, or initiated. Terminology is sometimes 

ambiguous, or used inconsistently, including terms such as interagency transfers or ‘‘transfers’’ between PPAs; adjustments to base; 

‘‘authorized’’ rather than ‘‘funded’’ position and FTE levels; or unspecified references to ‘‘technical adjustments’’ or ‘‘administrative 

savings.’’ 


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Current services descriptions of agency activity and accomplishments, while providing a context for agency operations and 

budgets, should be consolidated and presented separately from the 

core justification for appropriations. 

To address the concerns described above, the Chief Financial 

Officer is directed to ensure that fiscal year 2013 budget justifications for classified and unclassified budgets of all Department components are submitted on February 6, 2012, concurrent with the 

President’s budget submission to Congress. The justifications shall 

include: 

1. Detailed data and explanatory descriptions for each appropriations request, and for each PPA reflected in the table accompanying this statement, including offices that have been identified 

as PPAs. Information regarding actual and planned accomplishments should be in quantifiable terms and demonstrate a direct relationship to funding; 

2. Tables that reflect actual and estimated funding by PPA for 

fiscal years 2011 and 2012; identify each increase, decrease, transfer, and staffing change proposed in fiscal year 2013; and explain 

such year-to-year changes in terms that are clear and unambiguous, and exclude nonspecific terms such as ‘‘technical adjustment’’ 

or ‘‘administrative savings’’ unless accompanied by a detailed explanation. To establish a common baseline reference, the fiscal year 

2012 discretionary data shall tie to the fiscal year 2012 discretionary total in the table accompanying this statement or have a 

table identifying each change. Explanations of adjustments to base 

funding, whether increases or decreases, should be specific, and 

programmatic changes and initiatives should be clearly identified 

and justified; 

3. For each PPA that is comprised of acquisition and procurement activity, the justification should address all proposed spending using a zero-based budget description; 

4. Information by appropriations account and PPA on all reimbursable agreements and significant uses of the Economy Act for 

each fiscal year; 

5. A detailed table identifying the last year that authorizing 

legislation was enacted into law for each PPA, including the 

amount of the authorization and the appropriation in the last year 

of authorization; 

6. The text and citation of all Department appropriations provisions enacted to date that are permanent law; 

7. Explanations and justifications for all proposed legislative 

language changes, whether they are new or amend existing law, 

whether they are substantive or technical in nature, with an annotated comparison of proposed versus existing language; and 

8. A report on the status of overdue Committee reports, plans, 

and briefings for each of fiscal years 2011 and 2012. 

Consistent with section 874 of Public Law 107–296, the Department shall submit a Future Years Homeland Security Program 

budget as part of the fiscal year 2013 budget justification, reflecting anticipated spending for fiscal years 2013–2017. It shall be in 

unclassified form so as to be accessible to the general public. 


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Financial Management Improvement 

The Office of the Chief Financial Officer is directed to keep the 

Committees fully informed on financial management improvement 

plans for the Department, as required in the House and Senate reports, including any centralized or decentralized solutions that 

would fulfill the objectives originally set for the TASC project and 

any plans for integrating the Department’s remaining management 

systems for acquisitions and assets. Balances remain available for 

TASC from prior-year appropriations, which may be obligated for 

TASC closeout costs or obligated for additional financial management plans in fiscal year 2012 if a new strategy is approved by the 

DHS Acquisition Review Board and if the Department completes 

an independent evaluation to validate that strategy prior to obligation of any of these funds. In order to maintain other Departmentwide management initiatives, $5,000,000 is rescinded from unobligated balances related to this effort. This rescission is from funds 

appropriated in fiscal years 2005 and 2006. 

Nuclear Detection Technology Acquisition 

The Office of Program Analysis and Evaluation is directed to 

undertake an evaluation of the Department’s current approach to 

acquisition of technology and systems for its nuclear detection mission, which is presently conducted through the Domestic Nuclear 

Detection Office, and an analysis of alternative approaches, including assigning acquisition responsibilities and resources to component agencies that own and operate the technology. The evaluation 

shall include a cost-benefit analysis of the relevant options. The results of this review shall be submitted to the Committees no later 

than 120 days after the date of enactment of this Act. 

User Fees 

The Department is directed to continue submitting user fee collections and balances on a semi-annual basis rather than quarterly, 

including steps taken to mitigate any shortfalls in collections. 

OFFICE OF THE CHIEF INFORMATION OFFICER

A total of $257,300,000 is provided for ‘‘Office of the Chief Information Officer.’’ 

The amount provided for this appropriation by PPA is as follows: 

Salaries and Expenses ........................................................................... $105,500,000 

Information Technology Services .......................................................... 38,800,000 

Infrastructure and Security Activities ................................................. 69,000,000 

Homeland Secure Data Network .......................................................... 44,000,000 

Total, Office of the Chief Information Officer .............................. $257,300,000 

Salaries and Expenses 

A total of $105,500,000 is provided for ‘‘Salaries and Expenses.’’ Within the funding provided for this appropriation, 

$253,000 is provided to strengthen acquisition workforce capabilities. 


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Infrastructure and Security Activities 

A total of $69,000,000 is provided for ‘‘Infrastructure and Security Activities.’’ The multi-year investment and management plan 

shall include details on how the activities under this heading are 

to be funded. 

Data Center Migration 

Section 556 provides $70,000,000 for data center migration. 

The CIO shall notify the Committees on the initial allocation of 

this funding within 45 days after the date of enactment of this Act. 

The CIO shall continue to provide quarterly briefings to the Committees on the progress of data center development and migration. 

Given that component data center migration schedules may shift 

during the course of the fiscal year based on changing circumstances and priorities the general provision includes authority 

for the Secretary to transfer funds made available for data center 

migration, as necessary, among components based on revised 

schedules and priorities with 15 days prior notice to the Committees. 

ANALYSIS AND OPERATIONS

A total of $338,068,000 is provided for ‘‘Analysis and Oper- ations,’’ of which $141,521,000 shall remain available until September 30, 2013. No funding is provided for the C2 Gap Filler 

Technology initiative. The Department’s Chief Intelligence Officer 

is directed to submit an expenditure plan no later than 60 days 

after the date of enactment of this Act to the Committees, as required in the Senate report. Additional information on funding levels and reporting requirements are detailed in the classified annex 

accompanying this statement. 

State and Local Fusion Center Program 

The Office of Intelligence and Analysis (I&A) is directed to develop robust programmatic justification to better identify and quantify the Federal benefit and return on investment from the State 

and Local Fusion Center (SLFC) program. I&A shall submit such 

justification at the time the President’s fiscal year 2013 budget is 

submitted and provide semi-annual briefings on the fusion center 

program, in lieu of a quarterly reporting requirement in the House 

report and quarterly briefing requirements in the Senate report. 

The first briefing shall occur no later than February 15, 2012, conform to the requirements outlined in the Senate report, and include 

metrics to judge the success of the SLFC program. 

OFFICE OF INSPECTOR GENERAL

A total of $141,000,000 is provided for ‘‘Office of Inspector General,’’ including $117,000,000 in direct appropriations and 

$24,000,000 transferred from the Disaster Relief Fund (DRF) for 

audits and investigations related to that funding. The OIG is directed to submit a plan for expenditure of all funds no later than 

30 days after the date of enactment of this Act, in lieu of the 90 

day requirement in the Senate report. The Office is further directed 


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to notify the Committees of all transfers from the DRF by including 

them in the Department of Homeland Security Chief Financial Officer’s monthly budget execution reports submitted to the Committees, in lieu of the 15-day advance notification required in the Senate report. These reports shall satisfy the requirements for notification of DRF transfers under section 503 of this Act. 

Integrity Investigations 

Within the funding provided for this appropriation, an increase of no less than $4,000,000 is provided for integrity investigations. 

In lieu of the 45-day requirement in the Senate report OIG is directed to submit, no later than 30 days after the date of enactment 

of this Act, a plan for expenditure of integrity oversight funds in 

coordination with CBP and ICE. This plan shall be submitted along 

with the overall expenditure plan for OIG. 

TITLE II—SECURITY, ENFORCEMENT, AND 

INVESTIGATIONS 

U.S. CUSTOMS AND BORDER PROTECTION

SALARIES AND EXPENSES

A total of $8,680,118,000 is provided for ‘‘Salaries and Expenses.’’ The request for Headquarters, Management, and Administration is reduced by $3,452,000 for the Acquisition Workforce Initiative, the data center migration funds, and $10,400,000 in additional administrative savings. Data center migration is funded 

through a general provision. The funding level also reflects an additional $5,000,000 for integrity programs. 

Border Security Inspections and Trade Facilitation is funded at $2,484,235,000, including the following for requested initiatives: 

$44,407,000 for the adjustment for law enforcement journeyman 

pay costs; $86,109,000 for prior year annualization of 963 CBP officers; $20,692,000 for an additional 300 CBP officers at new and expanded ports of entry; $2,212,000 for additional canine units at 

ports of entry; and $7,499,000 to expand the Immigration Advisory 

Program to four additional locations. Funds provided for the following critical operations include increases above the request: 

$74,557,000 for International Cargo Screening, including $3,287,000 for the Secure Freight Initiative and $71,270,000 for the 

Container Security Initiative; 

$41,400,000 for Automated Targeting Systems which will enable enhancements to one of the Department’s most effective 

counter-terrorism and security capabilities; 

$51,950,000 for the National Targeting Center, including the requested increase of $16,400,000 for 45 new CBP officers and 20 

new analysts, as well as an additional $5,000,000 to ensure operations are appropriately staffed; and 

$151,298,000 for trade compliance and enforcement efforts in 

the Office of Trade, including an increase of $5,000,000 for personnel, enhanced targeting, and strategy development. 

The enacted funding level has been adjusted to reflect the passage of Public Law 112–42, which removed the exemption from 

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ditional revenue of $110,000,000 annually and $83,000,000 in fiscal 

year 2012, to support CBP inspection services. Such revenue is to 

directly support 21,186 CBP officers. 

Border Security and Control between Ports of Entry is funded at $3,619,604,000, which reflects an increase of $191,459,000 for 

prior year annualization of 1,000 additional agents along with support personnel funded in the fiscal year 2010 Border Security Supplemental, as well as $184,717,000 for the adjustment for law enforcement journeyman pay costs, as requested. This overall level 

will support a Border Patrol agent force of 21,370 (compared to 

12,349 in fiscal year 2006), including 2,212 deployed to the Northern Border and 18,415 deployed to the Southwest Border. 

The amount provided for this appropriation by PPA is as follows: 

Headquarters, Management, and Administration: 

Management and Administration, Border Security Inspections 

and Trade Facilitation ................................................................ $667,794,000 

Management and Administration, Border Security and Control 

between Ports of Entry ............................................................... 717,309,000 

Rent ................................................................................................. 483,749,000 

Subtotal, Headquarters Management and Administration 1,868,852,000 

Border Security Inspections and Trade Facilitation: 

Inspections, Trade, and Travel Facilitation at Ports of Entry .... 2,484,235,000 

Harbor Maintenance Fee Collection (Trust Fund) ....................... 3,274,000 

International Cargo Screening ...................................................... 74,557,000 

Other international programs ....................................................... 10,684,000 

Customs-Trade Partnership Against Terrorism (C-TPAT) ......... 44,979,000 

Trusted Traveler Programs ........................................................... 6,311,000 

Inspection and Detection Technology Investments ...................... 148,537,000 

Automated Targeting Systems ...................................................... 41,400,000 

National Targeting Center ............................................................. 51,950,000 

Training ........................................................................................... 37,834,000 

Subtotal, Border Security Inspections and Trade Facilitation ........................................................................................ 2,903,761,000 

Border Security and Control between Ports of Entry: 

Border Security and Control .......................................................... 3,530,994,000 

Training ........................................................................................... 88,610,000 

Subtotal, Border Security and Control between POEs ........ 3,619,604,000 

Air and Marine Operations .................................................... 287,901,000 

Total, CBP Salaries and Expenses ........................................ $8,680,118,000 

Revised Budget Structure 

CBP is directed to propose a subdivision of the Inspections, 

Trade, and Travel Facilitation at Ports PPA and the Border Security and Control PPA within the ‘‘Salaries and Expenses’’ appropriation in conjunction with the budget submission for fiscal year 

2013. At funding levels of $2,484,235,000 and $3,530,994,000, respectively, the PPAs and the accompanying budget justifications 

have not provided adequate detail for appropriate oversight of 

these funds. CBP shall brief the Committees on its proposed structure prior to submission of its budget request. For instance, each 

PPA could be subdivided into budget activities, such as: officer or 

agent pay, civilian pay, equipment, operations and maintenance, 

and procurement. CBP should provide a crosswalk from the 2012 

budget structure to the new 2013 budget structure so that the 


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Committees can easily compare funding levels for the activities 

within these new PPAs. 

Further, CBP is directed to comply with the direction included 

under the heading ‘‘Office of Chief Financial Officer’’ with respect 

to improved budget justifications. 

Financial Plan by Office Requirements 

CBP is directed to provide the financial plan by office as required by the Senate report. In addition, CBP shall include its estimate by office with the budget justification material for fiscal year 

2013. 

Staffing and Fees Supporting CBP Port of Entry Operations 

CBP is directed to submit its staffing model for Field Operations no later than February 15, 2012. In addition, CBP shall address the reporting requirements related to manpower and innovation in the House report and considerations related to the staffing 

model in the Senate report. 

Outbound Inspections 

CBP shall brief the Committees no later than February 15, 

2012, on its plans for outbound operations, as outlined in the 

House report, and its 3–year strategy to improve and deploy technology for outbound inspections, as discussed in the Senate report. 

Entry Process Improvements for Travelers 

CBP shall submit a report no later than February 15, 2012, on 

actions taken to improve the entry process, as discussed in the Senate report. 

Trusted Traveler Programs 

The Department shall brief the Committees on all DHS trusted 

traveler programs, as discussed in the Senate report, no later than 

February 15, 2012. 

Cargo Screening Activities 

As discussed in the House and Senate reports, CBP shall brief 

the Committees no later than February 15, 2012, on its guidelines 

regarding low risk shipments and how it is improving trade processing and coordination. 

Non-Intrusive Inspection and Radiation Detection Equipment 

CBP is required to provide an investment and management 

plan for CBP’s Non-Intrusive Inspection and Radiation Detection 

Equipment needs. The plan shall address all funds from all 

sources, not just the Inspection and Detection Technology PPA, including funding within the Domestic Nuclear Detection Office ‘‘Systems Acquisition’’ appropriation. 


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Automated Targeting Systems and National Targeting Center 

CBP shall brief the Committees no later than January 13, 

2012, on the use of the additional funds provided for these critical 

activities. 

Maritime Supply Chain Security 

No funds are provided for the 100 percent scanning pilots proposed in the President’s budget request. DHS has failed to provide 

any details or plans regarding how the proposed $7,500,000 would 

be used. Furthermore, while the Administration has been working 

on a supply chain security strategy to address this mandate, it has 

still not been submitted to the Committees. For that reason, these 

funds have been applied to address shortfalls in the request for the 

Container Security Initiative, a key supply chain security layer. 

Border Patrol and Border Security between Ports of Entry 

CBP shall submit a report to the Committees no later than 90 

days after the date of enactment of this Act on its five-year staffing 

and deployment plan for the Border Patrol. In addition, the budget 

justification for fiscal year 2013 shall include a plan detailing staffing and funding for the Northern Border. CBP and ICE shall provide semi-annual briefings on assaults on personnel, threats to the 

border, and progress made on addressing the threats as required 

in the Senate report, with the first briefing no later than February 

15, 2012. At the first briefing, CBP also shall brief on funds allocated for the health, welfare, and safety of Border Patrol agents, 

as directed in the House report. 

Access to Federal Lands 

As provided in the House report, the Departments of Homeland Security, Agriculture, and Interior are directed to brief the 

Committees no later than February 15, 2012, on their plan to address the Border Patrol’s access to Federal lands, as appropriate 

and necessary, to ensure the border security of the United States. 

DHS shall also brief the Committees no later than February 15, 

2012, on its implementation of GAO’s recommendations for border 

security coordination on Southwest Federal lands contained in 

GAO–11–38 and GAO–11–177. 

Joint Field Command Structure 

While CBP allocated funds within its budget for the Joint Field 

Command (JFC), it is important to understand the cost-benefit for 

establishing the JFC and whether CBP intends to establish this 

concept in other areas along the border. As discussed in the House 

and Senate reports, CBP is directed to brief the Committees no 

later than February 15, 2012. 

Integrity Programs 

An additional $5,000,000 above the amount requested is provided for CBP’s integrity programs, for a total of $165,681,000. 


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CBP is directed to provide the briefing required in the House report by January 13, 2012. 

Detention Statistics 

CBP is directed to review how it collects and manages information about individuals arrested and detained in CBP custody for 

less than 72 hours, including the facilities used for detaining such 

individuals. The review shall include ways to address data quality, 

standardize definitions, and utilize current reporting systems to 

routinely report on short-term detention. In a briefing to occur no 

later than 120 days after the date of enactment of this Act, CBP 

shall brief the Committees on its review and on its policies and 

procedures relating to conditions of facilities and what standards 

govern the conditions and duration of custody. 

Trade Compliance and Enforcement 

An additional $5,000,000 above the amount requested is provided for trade compliance and enforcement efforts. CBP is directed 

to submit to the Committees the reports specified in the Senate report, including the 3-year trade compliance strategy and the antidumping and countervailing duty reports, within the timeframes 

detailed in that report. In addition, CBP shall submit the reports 

under the headings ‘‘Textile Transshipment Enforcement’’ and ‘‘Circumvention of Customs Duties—Imports from China,’’ as discussed 

in the House report, within the timeframes detailed in that report. 

Multi-Year Investment and Management Plans 

As provided in section 568, CBP is required to submit a multiyear investment and management plan with the congressional 

budget justification materials for all appropriated funds from all 

sources executed by the Office of Information Technology (OIT) to 

provide a full picture of CBP’s information technology activities. It 

is expected that the acquisition program baselines for Level I and 

II programs under OIT will be provided as part of the comprehensive acquisition status reports provided by the Under Secretary for 

Management. 

A similar requirement is also included for funds in the ‘‘Border 

Security Fencing, Infrastructure, and Technology’’ (BSFIT) appropriation. 

Transportation of Aliens 

In response to OIG inquiries and OIG 11–27, CBP has taken 

great strides to streamline its costs associated with transportation 

and removal of aliens between Field Operations and Border Patrol. 

ICE has also made progress in analyzing and more efficiently managing its transportation costs. The next step, however, has not been 

taken in a comprehensive manner—exploring options for coordination of transportation locally, regionally, and nationally, or sharing 

of transportation resources between CBP and ICE given constrained resources across DHS. CBP and ICE are directed to brief 

the Committees no later than 180 days after the date of enactment 


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of this Act on the results of their joint efforts to take advantage of 

such efficiencies. 

Office of Technology Innovation and Acquisition 

There is no clear plan for the Office of Technology Innovation 

and Acquisition (OTIA), including staffing and financing. CBP does 

not have authority to use funds provided to the ‘‘Automation Modernization’’ or the BSFIT appropriations for OTIA expenses. If additional funding from appropriations outside of ‘‘Salaries and Expenses’’ can be justified, a transfer request must be submitted pursuant to section 503 of this Act. All funds for OTIA shall be requested within the ‘‘Salaries and Expenses’’ appropriation for fiscal 

year 2013. 

Invasive Species 

CBP is directed to fund activities associated with control of 

invasive species, such as Carrizo cane, from within the BSFIT appropriation. 

AUTOMATION MODERNIZATION

A total of $334,275,000 is provided for ‘‘Automation Modernization.’’ Of that amount, not less than $140,000,000 is for the Automated Commercial Environment (ACE). As provided in a general 

provision, CBP is required to submit a multi-year investment and 

management plan with the congressional budget justification materials for all funds executed by OIT to provide a full picture of CBP’s 

information technology activities. 

ACE and International Trade Data System 

CBP shall brief the Committees on a quarterly basis on ACE 

progress, including the same information they have previously provided in quarterly reports. CBP shall use funds as necessary for 

the International Trade Data System (ITDS). Furthermore, prior 

year balances for ITDS are available for other priorities, such as 

ensuring completion of Cargo Release as planned. At the second 

quarterly briefing of fiscal year 2012, CBP shall provide its plans 

for use of these prior year balances. 

TECS 

CBP and ICE are directed to jointly brief the Committees on 

the status of modernization efforts, including their progress and 

plans forward, on a semi-annual basis. 

BORDER SECURITY FENCING, INFRASTRUCTURE, AND TECHNOLOGY

A total of $400,000,000 is provided for BSFIT. Within the total 

provided under this heading, $20,000,000 is for Northern Border 

technology, $40,000,000 is for tactical communications, and 

$3,000,000 is for environmental assessment and mitigation, as requested. When the amount made available under this heading is 

combined with unobligated balances, a total of $774,874,359 is 

available for this function in fiscal year 2012. 


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While it is clear that the Border Patrol requires additional 

tools and technology to execute its critical mission, concerns remain 

about the proposed Arizona Border Technology Plan and the Administration’s slow execution of funds provided in this appropriation. The prolonged delay in procurements, particularly for purchase and upgrade of Remote Video Surveillance Systems, is extremely concerning. Further, the fact that the President’s request 

includes a plan to procure three off-the-shelf integrated fixed tower 

systems after the Secretary’s decision to terminate SBInet, despite 

the benefits now being realized by the Border Patrol from the system, raises questions. Under the best of circumstances, the contract 

for two of these towers would not be awarded until the summer of 

2012, delaying the execution of the associated funds into fiscal year 

2013. As a result, $60,000,000 is withheld for obligation from this 

appropriation until a detailed expenditure plan is provided to the 

Committees, no later than 90 days after the date of enactment of 

this Act. The expenditure plan shall clearly specify how DHS proposes to allocate funds among the BSFIT PPAs. 

Multi-Year Investment and Management Plan 

A new multi-year investment and management plan for BSFIT 

funds is required to be submitted by the Commissioner with the 

fiscal year 2013 budget request. To the extent possible, CBP is encouraged to incorporate requirements from the multi-year investment and management plan into the fiscal year 2012 expenditure 

plan. 

Invasive Species 

CBP is directed to fund activities associated with control of 

invasive species, such as Carrizo cane from within the BSFIT appropriation. 

Review of Contracts and Task Orders 

The Inspector General is no longer required to review contracts 

and task orders on SBInet pursuant to conference report 109–699 

accompanying P.L. 109–295. 

Communications Along the Border 

DHS is encouraged to explore the establishment of public-private partnerships with cellular carriers, residents, and State and 

local governments to extend mobile communications capabilities in 

isolated border areas with limited cellular coverage for the purposes of public safety. 

AIR AND MARINE INTERDICTION, OPERATIONS, MAINTENANCE, AND

PROCUREMENT

A total of $503,966,000 is provided for ‘‘Air and Marine Interdiction, Operations, Maintenance, and Procurement.’’ The funding 

includes $365,087,000 for operations and maintenance and 

$138,879,000 for procurement. The procurement funds include an 

additional $6,900,000 for UH–60 Black Hawk conversions (to ensure completion of two conversions) and $22,500,000 for purchase 


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of an additional multi-enforcement aircraft (a high priority for 

CBP, particularly important given the increasing aircraft retirements CBP expects). Given the increasing reliance by CBP on unmanned aircraft systems (UAS) for patrolling our borders, 

$4,000,000 is provided above the request for UAS operations and 

maintenance. It is imperative that sufficient funds be included in 

the fiscal year 2013 budget to operate and sustain these systems 

over multiple shifts. 

Civil Air Patrol 

As directed in the House report, the Comptroller General shall 

provide a report regarding the functions and capabilities of the civil 

air patrol in homeland security. The report shall be submitted no 

later than November 1, 2012. 

Aircraft Upgrades 

CBP is required to update its 5-year strategic recapitalization 

plan, which should also include direction outlined in the Senate report. Strong support for CBP’s service life extension program 

(SLEP) for the P–3 fleet is reiterated. Further, CBP is directed to 

brief the Committees on its decision regarding the inclusion of the 

last two P–3’s in the SLEP no later than the submission of the 

President’s fiscal year 2013 budget request. 

Unmanned Aircraft Operations 

CBP is directed to brief the Committees on its efforts with the 

Department of Defense and the Federal Aviation Administration on 

ways to increase effective use of CBP air assets, including UAS. 

Further, the briefing shall include information regarding any restrictions on UAS operations related to availability of air traffic 

control. 

CONSTRUCTION AND FACILITIES MANAGEMENT

A total of $236,596,000 is provided for ‘‘Construction and Facilities Management.’’ The funding includes $182,500,000 for Facilities Construction and Sustainment and $54,096,000 for Program 

Oversight and Management. Statutory language is included directing the Commissioner to submit annually a real property inventory 

and requiring submission with the budget request of an annuallyupdated 5-year plan for all port of entry projects. 

Future Land Border Port of Entry Requirements 

As detailed in the Senate report, the Department shall work 

with the General Services Administration and the Office of Management and Budget on a multi-year strategy to address land border port of entry construction requirements and financing options, 

including the use of public-private partnerships. 


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U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

SALARIES AND EXPENSES

A total of $5,528,874,000 is provided for ‘‘Salaries and Expenses’’ to ensure robust enforcement of our Nation’s immigration 

laws. Within this amount, no less than $1,600,000,000 is allocated 

to finance ICE’s various efforts to identify aliens with criminal 

records who are incarcerated or at-large, and to remove those who 

are deportable. Of this amount, $189,064,000 is provided for continued expansion of the Secure Communities program, $5,000,000 

above the President’s budget request, to digitize paper fingerprint 

cards and enroll them into DHS’s Automated Biometric Identification System (IDENT). An additional $4,400,000 is provided for the 

Visa Security Program above the request to support expansion. The 

request for Headquarters, Management, and Administration was 

reduced by $3,591,000 for the Acquisition Workforce Initiative, the 

data center migration funds, and $1,000,000 in additional administrative savings. Data center migration is funded through a general 

provision. 

In addition, ICE is directed to comply with the direction included under the heading ‘‘Office of Chief Financial Officer’’ with 

respect to improved budget justifications. 

The amount provided for this appropriation by PPA is as follows: 

Headquarters Management and Administration: 

Personnel, Compensation and Benefits, Services and Other 

Costs ............................................................................................. $233,251,000 

Headquarters-Managed IT Investments ....................................... 184,227,000 

Subtotal, Headquarters Management and Administration ......... 417,478,000 

Legal Proceedings .................................................................................. 215,935,000 

Investigations: 

Domestic Investigations ........................................................................ 1,725,234,000 

International Investigations: 

International Operations ............................................................... 114,928,000 

Visa Security Program ................................................................... 33,889,000 

Subtotal, International Investigations .......................................... 148,817,000 

Subtotal, Investigations .......................................................... 1,874,051,000 

Intelligence ............................................................................................. 81,503,000 

Detention and Removal Operations: 

Custody Operations ........................................................................ 2,050,545,000 

Fugitive Operations ........................................................................ 154,597,000 

Criminal Alien Program ................................................................. 196,696,000 

Alternatives to Detention ............................................................... 72,373,000 

Transportation and Removal Program ......................................... 276,632,000 

Subtotal, Detention and Removal Operations ...................... 2,750,843,000 

Secure Communities ....................................................................... 189,064,000 

Total, ICE Salaries and Expenses ......................................... 5,528,874,000 

ICE Domestic Investigations 

For ICE Domestic Investigations, $1,725,234,000 is provided. 

ICE is directed to continue to provide quarterly data on investigative activities and expenditures on a timely basis. Of the funds 

above the request, $4,000,000 is for enhancing investigations of 


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antidumping/countervailing duty (AD/CVD) violations, intellectual 

property rights (IPR) investigations, and severe forms of human 

trafficking and smuggling activities. ICE is directed to submit to 

the Committees a plan for expenditure of these additional, targeted 

resources within 90 days after the date of enactment of this Act. 

The conferees also direct ICE to submit by February 13, 2012, a 

3-year strategy to improve AD/CVD enforcement, per the Senate 

report, and the information required on the National IPR Coordination Center in the House report. 

Improving Immigration Enforcement Activities 

A total of $12,000,000 above the request is provided to improve 

immigration enforcement activities, of which $5,000,000 is included 

in Secure Communities for digitization of paper fingerprint cards 

from legacy immigration files. Both the House and Senate reports 

outlined areas for focus, such as: Developing a comprehensive 

strategy to address the visa overstay problem, modernizing the 

Alien Criminal Response Information Management System 

(ACRIMe) to support the identification of criminal aliens and individuals attempting to overstay a visa, enhancing ICE capabilities 

for law enforcement support for immigration-related inquiries from 

State and local law enforcement, and digitizing old fingerprint 

records. ICE is directed to brief the Committees, with US–VISIT 

and other DHS components as appropriate, on its plan for utilization of these funds, no later than 60 days after the date of enactment of this Act. ICE is also directed, in conjunction with US– 

VISIT and United States Citizenship and Immigration Services 

(USCIS), to report to the Committees no later than 120 days after 

the date of enactment of this Act on the methodology of prioritizing 

files for the digitization effort as well as the overall projected cost 

of the project to ensure electronic availability of appropriate biometrics in IDENT. 

Law Enforcement Support Center 

The Law Enforcement Support Center (LESC) is the national 

entity which provides, among other things, immigration status information about individuals encountered by State and local law enforcement agencies. The significant expansion of Secure Communities has increased the status inquiries submitted by law enforcement. Recently, the LESC has been reorganized and the functions 

split between the Office of Investigations and Detention and Removal Operations. Prior to the reorganization, the LESC had the 

flexibility to move personnel between the functions depending on 

workload, but it now appears that flexibility has been lost. Additionally, as Secure Communities has matured, some of the early resource allocation decisions would benefit from further review, specifically regarding the creation of the Interoperability Response 

Centers. ICE is directed to review the separation of LESC functions 

and the requirements of the Interoperability Response Centers and 

brief the Committees 90 days after the date of enactment of this 

Act. In addition, concerns have been raised about the progress of 

modernization of the information technology systems that sustain 

the Law Enforcement Support Center, such as ACRIMe. ICE is diVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00969 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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rected to brief the Committees no later than 30 days after the date 

of enactment of this Act on the current status of ACRIMe modernization and any revised development timelines. 

Visa Security Program 

A total of $33,889,000 is provided for the ICE Visa Security 

Program, an increase of $4,400,000 above the amount requested for 

expansion of the program to two additional overseas consular posts. 

ICE is directed to brief the Committees in a classified format no 

later than 60 days after the date of enactment of this Act on its 

plan for utilizing these additional funds. 

Investigative Resources 

ICE is directed to brief the Committees no later than February 

15, 2012, on its efforts throughout the Caribbean basin, as outlined 

in the House report. 

Intelligence 

ICE is encouraged to ensure the Office of Intelligence supports 

investigations into AD/CVD violations, IPR violations, and human 

trafficking and smuggling organizations. 

Detention and Removal Operations 

A total of $2,750,843,000 is provided for ICE Detention and Removal Operations, $26,718,000 more than the request to raise the 

minimum number of detention bed spaces that ICE must maintain 

on a daily basis to 34,000. ICE is directed to intensify its enforcement efforts, fully use these resources, and manage detention and 

removal costs as efficiently as possible. As outlined in the House 

report, ICE is directed to provide comprehensive, regular briefings 

to the Committees on all steps being taken to reduce the costs of 

detention and removal, including: strategies to minimize transportation costs and house detainees at the lowest cost facilities; working with the Executive Office of Immigration Review (EOIR) to 

speed processing consistent with due process; continuing to review 

contracts to ensure maximum flexibility and lowest cost to ICE; 

and considering the cost-benefits of public and private providers for 

all services, including food and medical services. As required in the 

House and Senate reports, ICE is directed to brief the Committees 

on its detention bed space funding model, providing details on its 

bed space costs across the country and on the components of those 

costs, including food, medical, mental health, dental, pharmacy, 

and electronic health record services by location, and whether these 

components are provided by public agencies or private contract 

services. Such services must be aligned to humanitarian needs and 

should be provided in a cost-effective manner. The first comprehensive briefing shall take place no later than 30 days after the date 

of enactment of this Act. 

Additionally, ICE is encouraged to look at ways to increase the 

short-term detention capacity in certain regions of the United 

States while minimizing the loss of existing detention capacity, personnel, and contracts at other facilities. ICE shall brief the ComVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00970 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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mittees semi-annually on its efforts regarding detention space alternatives, as discussed in the Senate report. 

Secure Communities 

A total of $189,064,000 is provided to continue implementation 

of the Secure Communities program. ICE is directed to continue 

quarterly reports on the Secure Communities program, submit 

those reports within 45 days of the close of the quarter, and provide briefings within 45 days of the close of the quarter. Further, 

ICE is directed to develop analyses, for inclusion in these reports, 

to track the effect Secure Communities is having on ICE detention 

facilities, the EOIR docket, and the speed with which ICE is able 

to remove criminal aliens and high-risk detainees from the country 

once they are judged deportable. The reports shall also provide statistics on results of the program, including the number of individuals administratively arrested by ICE in each jurisdiction by the 

crime for which they are charged and the crime for which they 

have been convicted (if applicable); the number of individuals 

whom ICE identifies each quarter and intends to administratively 

arrest but must await the adjudication of the individual’s criminal 

charges and/or the completion of a sentence as well as identify the 

crimes for which they are charged and crimes for which they have 

been convicted (if applicable); and the number of removals achieved 

as a result of the program, as outlined in the Senate report. Additionally, the briefings shall include quarterly data on the number 

of instances in which Secure Communities identifies when someone 

who is arrested is in this country illegally, the number of times 

ICE issues a detainer on such individuals (delineated by categories 

stipulating the reasons why a decision is made to issue or not issue 

a detainer), and the number actually deported. 

Secure Communities is an effective and significant law enforcement tool; its deployment and use should not be hampered by any 

jurisdiction or official. It is important to remember that Secure 

Communities is applied to everyone booked into a jail. All individuals are treated the same, and no profiling occurs. Through the use 

of biometrics, ICE is able to determine not only an individual’s immigration status, but also if the individual has committed more serious crimes in the past. 

ICE is directed to brief the Committees no later than February 

15, 2012, on any considerations associated with realigning the Secure Communities program under the Criminal Alien Program 

after interoperability has been accomplished. 

ICE Support to State and Local Law Enforcement 

ICE is directed to update the Committees on its progress toward closing all OIG recommendations on the 287(g) program no 

later than January 13, 2012. The Department is directed to immediately provide the status of all pending memoranda of agreement 

for 287(g) participation. 


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Hiring and Staffing Reports 

ICE shall submit quarterly staffing and hiring reports. Further, as directed in the House report, ICE shall brief the Committees on appropriate staffing levels. 

Worksite Enforcement 

Of the funds provided for Domestic Investigations, 

$134,626,000 is for worksite enforcement activities, as requested. 

ICE is directed to brief the Committees quarterly on how it is 

meeting this level of effort no later than 30 days after the end of 

each quarter. Further, ICE shall provide an annual report on worksite enforcement activities as directed in the Senate report. 

Detention and Removal Reporting 

Statutory language is included, as requested, ensuring that all 

illegally present or otherwise removable aliens encountered when 

enforcing our immigration laws are apprehended. However, the Department does not collect or report comprehensive statistics on all 

of its encounters with inadmissible and deportable aliens by source 

as well as the disposition of all such encounters. For that reason, 

ICE, in conjunction with CBP and USCIS, is directed to develop a 

methodology and a means of collecting and reporting such information on a quarterly basis for fiscal year 2013. In the most transparent, concise manner possible, the reporting should cover all actions in the reporting period for all stages of the immigration enforcement process: encounters by identification source (i.e., Fugitive 

Operations, Criminal Alien Program, Border Patrol Southwest border between ports); subsequent enforcement action by agency (i.e., 

expedited removal, arrest, detention, release); detention/non-detention by program (i.e., ICE detention, bond, alternatives to detention); and processing/removal outcome (i.e., deferred action, relief, 

removal, administrative closing). The reporting shall clearly provide the number of aliens who received deferred action, including 

a renewal or extension of previously-granted deferred action. ICE, 

CBP, and USCIS shall brief the Committees no later than 120 days 

after the date of enactment of this Act on the developed methodology and means of collecting and reporting, including any information technology issues. Additionally, the agencies shall note where 

this comprehensive reporting could supersede other reports currently provided. 

For fiscal year 2012, ICE is directed to continue reporting 

quarterly on detention and removal, including the number of deportation, exclusion, and removal orders sought and obtained by ICE. 

The first fiscal year 2012 quarterly report is to be submitted no 

later than February 15, 2012. ICE shall include ‘‘policy closure’’ reporting subdivided to clearly report where deferred action has been 

granted. 

Personnel Recovery Units 

ICE is directed to brief the Committees no later than February 

15, 2012, on its interest in establishing a trained unit to handle abduction or evacuation of ICE personnel. 


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Multi-Year Investment and Management Plan 

As provided in Section 568, ICE is required to submit a multiyear investment and management plan with the congressional 

budget justification materials for all funds executed by the Office 

of Information Technology (OIT) to provide a full picture of ICE’s 

information technology activities. It is expected that the acquisition 

program baselines for Level I and II programs under OIT will be 

provided as part of the comprehensive acquisition status reports 

provided by the Under Secretary for Management. 

Transportation of Aliens 

In response to OIG inquiries and OIG Report 11–27, CBP has 

taken great strides to streamline its costs associated with transportation and removal of aliens between Field Operations and Border 

Patrol. ICE has also made progress in analyzing and more efficiently managing its transportation costs. The next step, however, 

has not been taken in a comprehensive manner—exploring options 

for coordination of transportation locally, regionally, and nationally, or sharing of transportation resources between CBP and ICE 

given constrained resources across DHS. CBP and ICE are directed 

to brief the Committees no later than 180 days after the date of 

enactment of this Act on the results of their joint efforts to take 

advantage of such efficiencies. 

Unexpended Construction Balances 

ICE is directed to brief the Committees no later than February 

15, 2012, on the unexpended balances in the ICE Construction appropriation. 

AUTOMATION MODERNIZATION

A total of $21,710,000 is provided for ‘‘Automation Modernization.’’ CBP and ICE are directed to jointly brief the Committees on 

the status of TECS modernization efforts, including their progress 

and plans forward, on a semi-annual basis. 

Transportation Security Administration 

AVIATION SECURITY

A total of $5,253,956,000 is provided for ‘‘Aviation Security.’’ In 

addition to the amounts appropriated, a mandatory appropriation 

totaling $250,000,000 is available through the Aviation Security 

Capital Fund. Statutory language reflects the collection of 

$2,030,000,000 from aviation security fees, as authorized. 

The amount provided for this appropriation by PPA is as follows: 

Screening Operations: 

Screener Workforce: 

Privatized Screening ............................................................... $ 144,193,000 

Screener Personnel, Compensation, and Benefits ................ 3,025,771,000 

Subtotal, Screener Workforce ........................................................ 3,169,964,000 

Screener Training and Other ........................................................ 249,796,000 

Checkpoint Support ........................................................................ 204,768,000 

EDS/ETD Systems: 

EDS Procurement and Installation ........................................ 222,738,000 


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Screening Technology Maintenance and Utilities ................ 320,365,000 

Subtotal, EDS/ETD Systems ......................................................... 543,103,000 

Subtotal, Screening Operations ................................................. 4,167,631,000 

Aviation Security Direction and Enforcement: 

Aviation Regulation and Other Enforcement ........................ 369,984,000 

Airport Management and Support ......................................... 570,226,000 

Federal Flight Deck Officer and Flight Crew Training ....... 25,461,000 

Air Cargo .................................................................................. 120,654,000 

Subtotal, Aviation Security Direction and Enforcement .................... 1,086,325,000 

Total, Aviation Security ........................................................................ $5,253,956,000 

Impact of Checked Baggage Fees 

As noted in the Senate report, TSA checkpoint screening costs 

have risen significantly as a result of the growth in the volume of 

carry-on baggage transported by passengers in response to the imposition of checked baggage fees by most airlines. This increase in 

checkpoint screening costs, however, comes at the expense of other 

TSA security programs, and none of the air carrier revenue collected from the checked baggage fees has been used to offset the 

additional TSA workload. The Department is encouraged to work 

with the relevant authorizing Committees to find ways to recoup 

these costs, and ensure the best alignment between resources needed to achieve and sustainμboth security and efficient checkpoint operations. 

Privatized Screening 

A total of $144,193,000 is provided for ‘‘Privatized Screening.’’ 

TSA is to give full and fair consideration to applicants for participation in the Screening Partnership Program that can demonstrate 

their capacity to undertake passenger and baggage screening in a 

manner more cost effective than TSA and to provide a level of security comparable to that of Federal screening. If TSA approves the 

applications, it is authorized, and expected, to finance the transition to privatized operations using funding within ‘‘Screening Operations’’. 

Screener Personnel and Training 

A total of $3,025,771,000 is provided for the ‘‘Screener Personnel, Compensation, and Benefits’’ PPA, and a total of 

$249,796,000 is included for the ‘‘Screener Training and Other’’ 

PPA. Language is included that limits TSA’s use of funds to recruit 

or hire more than 46,000 full-time equivalent screeners. The limitation does not apply to screeners hired as part-time employees. Statutory language is included that requires the Secretary to submit to 

the Committees no later than 90 days after the date of enactment 

of this Act a detailed report on how DHS is using its resources to 

develop more capable and cost-effective screening technology. The 

report shall also detail how it is deploying its existing workforce to 

optimize screening operations, their effectiveness, and labor savings from improved technology deployment, including how such 

savings are employed or reinvested. Funding is included to staff 

250 new advanced imaging technology (AIT) systems, with the expectation that hiring for those positions will occur later than asVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00974 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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sumed in the request due to procurement delays. As directed in the 

Senate report, TSA is to work in coordination with airlines, airports, and cross-disability/medical organizations to design education and outreach programs that ensure access to the Nation’s 

aviation system is available to everyone. TSA shall also work with 

airports to expand mock boarding events, such as those held for 

families with autistic children, and shall continue to improve the 

screening process for young passengers, as directed in the Senate 

report. TSA is to brief the Committees no later than 90 days after 

the date of enactment of this Act on its efforts in these areas. 

Behavioral Detection Officers 

Funding is included for 145 new behavioral detection officers 

(BDO). TSA is directed to brief the Committees no later than 90 

days after the date of enactment of this Act on its plans and actions to implement recommendations rising from the study of 

Screening of Passengers by Observation Techniques (SPOT) that 

was sponsored by the Science and Technology Directorate. In addition, the briefing should cover how TSA is addressing issues raised 

in recent Government Accountability Office reviews of the program. 

These include validation, management, and communications issues 

identified in GAO–10–763 and recommendations for approaches to 

BDO assignment and cost-benefit analysis included in GAO–11– 

461T and GAO–10–157. Finally, the briefing should describe what 

TSA is doing to ensure its standardization testing of the SPOT program is carried out at airports with a frequency that will support 

consistent program execution and optimal BDO training. 

Checkpoint Support 

A total of $204,768,000 is provided for ‘‘Checkpoint Support,’’ 

including funding for 250 new AIT systems and other security technology requested and listed in the Senate report. This excludes 

$39,200,000 requested for explosives trace detection systems funded in fiscal year 2011, and an additional $4,000,000 due to other 

acquisition delays. TSA is directed, as detailed in the Senate report, to brief the Committees no later than 30 days after the date 

of enactment of this Act on AIT procurement and deployment details and on progress in developing and deploying additional automated target recognition capability. In addition, TSA is directed to 

include a five-year budget estimate with each annual Congressional 

budget justification, beginning with its fiscal year 2013 submission, 

that projects funding for each passenger screening technology acquisition as specified in the Senate report. 

Facilitating Passenger Screening and Reducing Wait Times 

TSA is directed to brief the Committees no later than 90 days 

after the date of enactment of this Act on its efforts to meet a goal 

of keeping average passenger wait times below 10 minutes at 

screening checkpoints. Once TSA has begun deploying new automated wait time technology funded by this Act, TSA is directed to 

provide quarterly briefings to the Committees on wait times at 

screening checkpoints where such technology is in place. 


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Exit Lane Security 

The TSA Administrator shall submit a report to the Committees no later than 180 days after the date of enactment of this Act 

making recommendations for improving security at each airport location where passengers exit the sterile area, as specified in the 

Senate report. 

Explosives Detection Systems 

A total of $472,738,000 is provided for ‘‘Explosives Detection 

Systems (EDS) Procurement and Installation,’’ including 

$250,000,000 in mandatory funding from the Aviation Security 

Capital Fund and $222,738,000 in discretionary funding. Not less 

than 10 percent of the funds provided shall be available for the 

purchase and installation of certified EDS at medium- and smallsized airports. Allocation of this funding between new projects, recapitalization, advanced surveillance systems, and payroll shall be 

detailed in the fiscal year 2012 EDS expenditure plan. In addition, 

the expenditure plan is to address the issue of eligible EDS costs 

incurred by airports that were not recipients of funding agreements, as specified in the Senate report. 

Screening Technology Maintenance and Utilities 

A total of $320,365,000 is provided for the ‘‘Screening Technology Maintenance and Utilities’’ PPA, which reflects downward 

adjustments in estimates for the cost of maintenance warranties. 

AVIATION REGULATION AND OTHER ENFORCEMENT

A total of $369,984,000 is provided for the ‘‘Aviation Regulation 

and Other Enforcement’’ PPA, including an increase of $3,500,000 

above the request for international security enhancements related 

to air cargo security; $5,000,000 above the request for 20 new canine teams; and $11,755,000 for 12 new Visible Intermodal Prevention and Response (VIPR) teams, with the assumption that personnel for the teams will not be hired until late in fiscal year 2012. 

TSA shall provide an expenditure plan to the Committees no later 

than 60 days after the date of enactment of this Act detailing 

where and how new VIPR teams will be deployed. 

Air Cargo 

A total of $120,654,000 is provided for the ‘‘Air Cargo’’ PPA, 

$6,000,000 above the request for international security enhancements to air cargo security. In combination with an additional 

$3,500,000 provided under Aviation Regulation and Other Enforcement, this funding will support enhanced air cargo inspection and 

other security oversight and improvements, with the expectation 

that this will help TSA meet its statutory requirement of 100 percent system-wide screening of air cargo on passenger aircraft, including those originating overseas, and to enhance inspection, investigation, and monitoring efforts on all-cargo flights, including 

through additional international air cargo inspectors and transportation security specialists to assess all-cargo airports and increase 

inspection visits at high-risk airports. TSA is to continue working 


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with U.S. Customs and Border Protection, in furtherance of TSA’s 

mission, on the application of the Automated Targeting System to 

screen air cargo bound for the United States on all-cargo and passenger flights. The air cargo expenditure plan shall include 

progress on these ongoing efforts. 

SURFACE TRANSPORTATION SECURITY

A total of $134,748,000 is provided for ‘‘Surface Transportation 

Security.’’ TSA is directed to submit a report no later than six 

months after the date of enactment of this Act on passenger and 

mass transit rail tunnel security, as specified in the Senate report. 

TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING

A total of $204,274,000 is provided for ‘‘Transportation Threat Assessment and Credentialing.’’ This includes $27,800,000 for 

TTAC Infrastructure Modernization (TIM) in recognition of scheduling delays in the modernization contract and an increase of 

$10,000,000 to support risk-based screening. 

TSA is directed to brief the Committees no later than 30 days 

after the date of enactment of this Act on developments in the TIM 

program, as specified in the House report. 

The amount provided for this appropriation by PPA is as follows: 

Secure Flight .......................................................................................... $92,414,000 

Crew and Other Vetting Programs ...................................................... 71,540,000 

Subtotal, Direct Appropriations .................................................... 163,954,000 

TWIC Fees .............................................................................................. 8,300,000 

Hazardous Materials Fees .................................................................... 12,000,000 

Alien Flight School Fees ....................................................................... 4,000,000 

Certified Cargo Screening Program ..................................................... 5,200,000 

Large Aircraft Security Program .......................................................... 1,200,000 

Secure Identification Display Area Checks ......................................... 8,000,000 

Other Security Threat Assessments ..................................................... 100,000 

General Aviation at DCA ...................................................................... 100,000 

Indirect Air Cargo .................................................................................. 1,400,000 

Sensitive Security Information (SSI) fees ............................................ 20,000 

Subtotal, Fee Collections ............................................................... $40,320,000 

Risk-Based Screening 

A total of $10,000,000 is provided to support risk-based screening efforts, including: the development of systems architecture; the 

procurement of hardware and software; testing and implementation 

of new capabilities to expand known-traveler populations; and increases in the effectiveness, security, and efficiency of passenger 

screening. TSA is directed to report to the Committees no later 

than 90 days after the date of enactment of this Act on the status 

of its efforts, including current and planned pilots to develop such 

a known traveler program, funding requirements, and any legal or 

resource obstacles to implementation. 

Universal Enrollment Centers 

TSA is directed to expand the number of Universal Enrollment 

Centers to achieve at least a 50 percent increase in the number of 

TWIC enrollment sites and to brief the Committees no later than 


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180 days after the date of enactment of this Act as specified in the 

Senate report, on resource needs, security impacts, and prospects 

for direct shipment of TWIC cards to participants. 

TRANSPORTATION SECURITY SUPPORT

A total of $1,031,926,000 is provided for ‘‘Transportation Security Support.’’ 

The amount provided for this appropriation by PPA is as follows: 

Headquarters Administration ............................................................... $ 292,334,000 

Information Technology ......................................................................... 447,200,000 

Human Capital Services ....................................................................... 249,400,000 

Intelligence ............................................................................................. 42,992,000 

Total, Transportation Security Support ....................................... $1,031,926,000 

Expenditure Plans 

Statutory language is included withholding $20,000,000 from 

obligation for ‘‘Headquarters Administration’’ until the Administrator submits detailed expenditure plans to the Committees on air 

cargo security; checkpoint support; and EDS procurement, refurbishment, and installation on an airport-by-airport basis for fiscal 

year 2012. These plans should include details on technologies purchased, timelines for deployment, obligation schedules, and actual 

and anticipated unobligated balances at the close of the fiscal year. 

TSA shall brief the Committees on a quarterly basis with updates 

on performance against the expenditure plan. 

In fiscal years 2010 and 2011, the Department and TSA failed 

to comply with statutory direction to provide expenditure plans for 

checkpoint and EDS activity. For fiscal year 2010, the required 

plan was submitted April 20, 2011—almost seven months into the 

next fiscal year. Similarly, TSA has not submitted its plan for fiscal 

year 2011. Such delays reflect either an inability to compile and 

transmit information about ongoing and planned activities, or disregard for Congress’ oversight role. For fiscal year 2012, TSA is expected to act expeditiously to deliver the required expenditure 

plans. 

Headquarters Administration 

A total of $292,334,000 is provided for the ‘‘Headquarters Administration’’ PPA, including $1,998,000 for enhanced acquisition 

management, as requested, and $2,000,000 above the request for 

the TSA Office of Professional Responsibility. In lieu of the Senate 

briefing requirement related to administrative savings, TSA is directed to clearly delineate assumed savings from reductions to administrative and support functions and assumed efficiencies in its 

budget justification, as directed in this statement under Departmental Management and Operations ‘‘Office of the Chief Financial 

Officer’’ heading. 

Availability of Appropriations 

TSA is directed to brief the Committees no later than February 

15, 2012, on a proposed PPA structure that reflects one-year availability of appropriations for salaries and expenses. 


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Passenger Complaints 

TSA is directed to make every effort to ensure members of the 

traveling public are aware of the procedures and process for making complaints about passenger screening. GAO is directed to complete a review no later than nine months after the date of enactment of this Act on TSA policies and procedures for resolving passenger complaints, including an assessment of the organizational 

independence of the office. 

FEDERAL AIR MARSHALS

A total of $966,115,000 is provided for ‘‘Federal Air Marshals’’ 

(FAMS), including $842,500,000 for Management and Administration and $123,615,000 for Travel and Training. TSA shall continue 

to provide quarterly reports on the FAMS mission coverage, staffing levels, and hiring rates as directed in previous appropriations 

Acts and in the classified annex to this statement. 

In light of the significant increase in sustained, enhanced flight 

coverage since the Christmas Day bombing attempt, TSA is directed to brief the Committees no later than 120 days after the 

date of enactment of this Act on its analysis of the optimal staffing, 

scheduling, and resource requirements for FAMS in light of the full 

range of security capabilities that TSA and the Department can use 

to complement FAMS operations. This analysis should include an 

independent assessment of the definitions of flights that present 

‘‘high-security risks’’ and whether that review validates the current 

risk assessment model being used by the FAMS, or whether 

changes may be required that could warrant adjustments in current staffing levels. 

COAST GUARD

OPERATING EXPENSES

A total of $7,051,054,000 is provided for ‘‘Operating Expenses,’’ 

including $24,500,000 from the Oil Spill Liability Trust Fund, and 

including $598,000,000 for defense activities, of which $258,000,000 

is designated as being for the global war on terrorism and overseas 

contingency operations. Funds provided in support of the global 

war on terrorism and overseas contingency operations under this 

heading may be allocated notwithstanding section 503 of this Act. 

The Coast Guard is directed to brief the Committees no later than 

30 days after the date of enactment of this Act on any changes expected to funding for the global war on terrorism and overseas contingency operations during fiscal year 2012 or projected transition 

costs expected in fiscal year 2013. 

Within the funding provided for this appropriation, the following amounts are provided for requested initiatives: $10,666,000 

for enhancements to marine safety; $11,485,000 for enhancements 

to marine environmental response; $9,300,000 for enhancements to 

military family childcare; $39,000,000 for restoration of polar operations funding; $8,600,000 for network security upgrades; and 

$6,300,000 for the Distress Alerting Satellite System. 

The amount provided for this appropriation includes the following reductions from the budget request: a decrease of 


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$8,000,000 in the costs of data center migration; a decrease of 

$18,000,000 in technical adjustments; a decrease of $12,000,000 in 

unneeded health care costs; a decrease of $9,000,000 in unneeded 

permanent change of station costs; and a decrease in unneeded surface and air asset follow-on operational costs resulting from procurement delays totaling $7,451,000. 

The amount provided for this appropriation includes the following increases above the budget request: an additional 

$3,700,000 to annualize fiscal year 2011 funding for marine environmental response capabilities; an additional $20,300,000 to address unfunded depot level maintenance priorities; and an additional $4,000,000 for small boat tactical training. 

A total of $75,000,000 is withheld from obligation for Headquarters Directorates until a future-years capital investment plan 

for fiscal years 2013–2017, as specified in statutory language under 

the Coast Guard ‘‘Acquisition, Construction, and Improvements’’ 

heading is submitted to the Committees. 

Issues pertaining to the Coast Guard’s classified and sensitive 

programs are addressed in the classified annex accompanying this 

statement. 

The amount provided for this appropriation by PPA is as follows: 

Military Pay and Allowances ................................................................ $3,413,061,000 

Civilian Pay and Benefits ..................................................................... 784,256,000 

Training and Recruiting ........................................................................ 213,321,000 

Operating Funds and Unit Level Maintenance .................................. 1,109,623,000 

Centrally Managed Accounts ................................................................ 336,653,000 

Intermediate and Depot Level Maintenance ....................................... 936,140,000 

Global War on Terrorism Overseas Contingency Operations ............ 258,000,000 

Total, Operating Expenses ............................................................. $7,051,054,000 

Depot Level Maintenance 

An additional $20,300,000 above the amount requested is provided to partially address the backlog of critical, but unfunded 

depot maintenance activities, as proposed by both the House and 

the Senate. In lieu of the specified subdivision of this funding enhancement contained in the House report, the Coast Guard is directed to provide the Committees within 30 days after the date of 

enactment of this Act a plan for expenditure of these additional 

funds. Furthermore, the Coast Guard is directed to apply a portion 

of these funds to the most urgent, but unfunded maintenance 

projects pertaining to the improvement of crew habitability aboard 

legacy cutters. Funds allocated toward crew habitability improvements shall be clearly delineated in the required expenditure plan. 

Administrative Savings, Efficiencies, and Reductions to Support 

Functions 

The Coast Guard is directed to clearly delineate assumed savings from reductions to administrative and support functions and 

assumed efficiencies in its annual budget justification, as directed 

by both the House and Senate, and as directed in this statement 

under the Departmental Management and Operations ‘‘Office of the 

Chief Financial Officer’’ heading. 


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Performance Metrics 

The Coast Guard shall continue to include performance 

metrics, with particular emphasis on measures of operational proficiency, as well as all Government Performance and Results Act 

reporting requirements within its annual budget justification in 

lieu of the direction regarding a distinct submittal contained in the 

House report. 

Financial Management 

In lieu of the direction contained in the House and Senate reports, the Coast Guard is directed to semi-annually brief the Committees on its efforts to address material weaknesses in financial 

management. These briefings shall include, but not be limited to: 

the progress towards achievement of obtaining an unqualified opinion with respect to unauditable balances; progress towards implementation of the Financial Strategy for Transformation and Audit 

Readiness plan; and detailed explanations of how the Coast Guard 

is working with the DHS Office of the Chief Financial Officer on 

such efforts. The first of these semi-annual briefings shall occur no 

later than March 15, 2012. 

Maritime Surveillance 

The Coast Guard is directed to submit the two reports regarding maritime surveillance hours no later than February 15, 2012, 

as required in the House report. 

Marine Safety and Marine Environmental Protection 

A total of $15,185,000 is provided for marine environmental response enhancements, including an additional $3,700,000 to annualize fiscal year 2011 costs. In addition, $10,666,000 is provided for 

marine safety enhancements, as requested. Within 45 days after 

the date of enactment of this Act, the Coast Guard is directed to 

submit to the Committees the following: the updated Marine Safety 

Performance Plan, as directed in the Senate report; the Marine Environmental Response Mission Performance Plan, as directed in the 

House report, to include the specified reporting requirements delineated in the Senate report; and a 5-year strategic plan, including 

comprehensive funding estimates, to implement marine environmental protection mission requirements, as specified in the Senate 

report. 

Gulf of Mexico Oil Spill Response 

The Coast Guard is directed to submit a plan no later than 90 

days after the date of enactment of this Act for addressing the recommendations contained in the Incident Specific Preparedness Review that was issued following the sinking and subsequent oil outflow from the Mobile Offshore Drilling Unit Deepwater Horizon, as 

required in the Senate report. 


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Military Family Childcare and Housing 

As requested, $9,300,000 is provided for enhancements to military family childcare activities. Funding and oversight regarding 

military housing is addressed under the, Coast Guard ‘‘Acquisition, 

Construction, and Improvements’’ heading. 

Stem-to-Stern Review 

The Coast Guard is directed to brief the Committees no later 

than 60 days after the date of enactment of this Act on efforts to 

implement the findings from the Commandant’s stem-to-stern review. 

Coast Guard Yard 

The Coast Guard Yard located at Curtis Bay, Maryland, is recognized as a critical component of the Coast Guard’s core logistics 

capability which directly supports fleet readiness. The Yard has 

been a vital part of the Coast Guard’s readiness and infrastructure 

for more than 100 years and the Committees believe sufficient industrial work should be assigned to the Yard to maintain this capability. 

Command and Control Aircraft 

The Coast Guard shall include in its annual budget justification a detailed explanation, including cost implications, of any 

plans to alter the capabilities of command and control aircraft. 

ENVIRONMENTAL COMPLIANCE AND RESTORATION

A total of $13,500,000 is provided for ‘‘Environmental Compliance and Restoration’’. The Coast Guard is directed to include within its annual budget justification a listing of the activities projected 

to be funded by the amount requested under this heading and an 

updated backlog report for Environmental Compliance and Restoration projects, with an explanation of how the amount requested will 

impact this documented backlog. The Coast Guard is further directed to assess environmental remediation costs for LORAN sites 

and brief the Committees no later than February 15, 2012, on its 

plans for such assessments, as specified in the Senate report. 

RESERVE TRAINING

A total of $134,278,000 is provided for ‘‘Reserve Training’’. 

ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS

A total of $1,403,924,000 is provided for ‘‘Acquisition, Construction, and Improvements’’. 

THE AMOUNT PROVIDED FOR THIS APPROPRIATION BY PPA IS AS

FOLLOWS: 

Vessels: 

Survey and Design-Vessels and Boats .......................................... $6,000,000 

Response Boat-Medium .................................................................. 110,000,000 

In-Service Cutters Sustainment .................................................... 14,000,000 

National Security Cutter ............................................................... 77,000,000 


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Offshore Patrol Cutter ................................................................... 25,000,000 

Fast Response Cutter ..................................................................... 358,000,000 

Cutter small boats .......................................................................... 5,000,000 

Medium Endurance Cutter Sustainment ..................................... 47,000,000 

Subtotal, Vessels ..................................................................... 642,000,000 

Aircraft: 

Airframe Replacement (CGNR 6017) ............................................ 18,300,000 

Maritime Patrol Aircraft ................................................................ 129,500,000 

HH–60 conversion projects ............................................................ 56,100,000 

Long Range Surveillance Aircraft ................................................. 62,000,000 

HH–65 conversion/sustainment projects ...................................... 24,000,000 

Subtotal, Aircraft ..................................................................... 289,900,000 

Other Acquisition Programs: 

Program Oversight and Management ........................................... 26,000,000 

Systems Engineering and Integration .......................................... 17,140,000 

C4ISR .............................................................................................. 38,500,000 

Coast Guard—Logistics Information Management System ........ 6,500,000 

Nationwide Automatic Identification System .............................. 5,000,000 

Rescue 21 ........................................................................................ 65,000,000 

Interagency Operations Centers .................................................... 3,000,000 

Subtotal, Other Acquisition Programs ................................... 161,140,000 

Shore Facilities and Aids to Navigation: 

Major Construction: Housing; ATON; and Survey & Design ..... 92,900,000 

Major Acquisition Systems Infrastructure ................................... 81,500,000 

Minor Shore .................................................................................... 6,292,000 

Subtotal, Shore Facilities and Aids to Navigation ............... 180,692,000 

Military Housing .................................................................................... 20,000,000 

Personnel and Related Support: 

Direct Personnel Costs ................................................................... 109,592,000 

Core Acquisition Costs ................................................................... 600,000 

Subtotal, Personnel and Related Support ............................. 110,192,000 

Total, Acquisition, Construction, and Improvements ........... $1,403,924,000 

Comprehensive and Quarterly Acquisition Status Reports 

To strengthen oversight for all Departmental acquisition programs, a statutory requirement is included for the Department of 

Homeland Security Under Secretary for Management to submit to 

the Committees a comprehensive acquisition status report in tandem with the fiscal year 2013 budget request with quarterly updates on any deviations. Because the Department-wide comprehensive report will encompass Coast Guard acquisition data, a duplicative effort to submit Coast Guard specific quarterly reports is no 

longer necessary or required. In addition, acquisition specific information is required in the Coast Guard Capital Investment Plan 

(CIP), which has been expanded for the purpose of in-depth oversight. GAO shall review the CIP and brief the Committees on the 

results of the review. 

In lieu of separate briefings on individual acquisitions, as required in the Senate report, the Coast Guard shall brief the Committees quarterly on all major acquisitions. These briefings shall 

include: the objective for operational hours the Coast Guard expects to achieve; the gap between that objective, current capabilities, and stated mission requirements; and how the acquisition of 

the specific asset closes the gap. The information presented at 

these required briefings shall also include a discussion of how the 

Coast Guard calculated the operational hours, an explanation on 


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risks to mission performance associated with the current shortfall, 

and the operational strategy to mitigate such risks. 

Fleet Mix Analysis 

The Coast Guard is directed to submit to the Committees 

phases one and two of the Fleet Mix Analysis and the Cutter Fleet 

Mix Analysis, as specified by the Senate report. 

National Security Cutter 

A total of $77,000,000 is repurposed from the budget request 

and provided for the acquisition of long-lead time materials necessary for production of the sixth National Security Cutter (NSC). 

In addition, statutory language specifies immediate availability of 

these funds, notwithstanding the availability of funds for production costs or post-production activities. The funding to support 

long-lead time materials along with the statutory direction is intended to enable a contract award approximately 90 days after the 

date of enactment of this Act. As noted in both the House and Senate reports, the Committees disagree with the Administration’s 

current acquisition policy towards the NSC since it will result in 

substantially higher costs to the Coast Guard and the taxpayer, extension of the NSC acquisition program baseline, significant engineering inefficiencies, and an increased strain on the Coast Guard’s 

legacy assets, including escalation of maintenance costs. By contrast, the funding of long-lead time materials in fiscal year 2012 

will accelerate NSC production and result in not only direct savings 

of $45,000,000 to $60,000,000 per cutter, but also expedite completion of the NSC acquisition program baseline of eight NSCs. The 

conferees strongly support the acquisition of the planned eight 

NSCs in the most cost effective manner within the guidelines of 

proper program oversight and governance. 

Offshore Patrol Cutter 

Notwithstanding the direction of the Senate report, the Coast 

Guard is directed to include updated information on the acquisition 

of the Offshore Patrol Cutter within the required comprehensive 

and quarterly acquisition status reports, as described in this statement under the Departmental Management and Operations ‘‘Under 

Secretary for Management’’ heading. 

Fast Response Cutter 

As requested, a total of $358,000,000 is provided for the acquisition of six Fast Response Cutters (FRCs) and the re-procurement 

data and licensing rights package (RDLP). Funding for six cutters 

is provided to maximize production capabilities and to realize a 

total savings of $30,000,000, or $5,000,000 per FRC. Funds provided for the RDLP should sustain the acquisition program baseline and enable the planned re-competition of the next FRC contract award. 


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Response Boat-Medium 

As requested, $110,000,000 is provided to acquire 40 Response 

Boat-Mediums (RB–Ms). The acquisition of 40 RB–Ms will enable 

the Coast Guard to complete the RB–M acquisition program baseline one year ahead of schedule and achieve programmatic savings 

of approximately $6,000,000. 

C4ISR 

An additional $4,000,000 above the amount requested is provided to support the costs of installation of modernized communications systems on legacy cutters. The Coast Guard shall notify the 

Committees no later than February 15, 2012, on the planned expenditure of these additional funds as well as its deployment plan 

for C4ISR upgrades to the NSC fleet. 

In-Service Sustainment 

The Coast Guard shall develop a long-term plan of investments 

to address its in-service cutter sustainment requirements, as described in the Senate report. 

Rotary Wing Aircraft Reset 

As requested, $18,300,000 is provided for a replacement HH– 

60 helicopter. 

Long-Range Surveillance Aircraft 

A new PPA combining HC–130J acquisition and HC–130H refurbishment is established, as directed by the House, in order to 

allow the Coast Guard to leverage its limited funding for the most 

cost effective budgeting for Long Range Surveillance Aircraft. The 

Coast Guard is directed to brief the Committees by February 15, 

2012, on its evaluation of options presented in the recently completed Naval Air Systems Command business case analysis of the 

optimal mix of refurbished HC–130Hs and new HC–130Js. 

Unmanned Aircraft Systems 

Funding for unmanned aircraft systems is addressed under the 

Coast Guard ‘‘Research, Development, Testing, and Evaluation’’ 

heading and is not provided in this appropriation. 

Program Oversight and Management 

A total of $26,000,000 is provided for Program Oversight and 

Management, a reduction of $9,000,000 from the request due to 

budgetary constraints. This PPA is renamed from, ‘‘Government 

Program Management’’ to more accurately reflect the nature of the 

activities supported by the funding provided. The Coast Guard 

shall provide a more detailed budget justification, by activity, for 

this PPA in the fiscal year 2013 budget justification materials. 


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Major Shore Construction, Aids to Navigation, and Survey and 

Design 

As requested, $92,900,000 is provided for Major Shore Construction, Aids to Navigation, and Survey and Design. The Coast 

Guard is directed to submit a prioritized list of shore construction 

projects, as directed in the Senate report, which includes all unfunded and backlogged projects, to the Committees no later than 

45 days after the date of enactment of this Act. 

Infrastructure Improvement Plan for the Coast Guard Training 

Center 

The Coast Guard shall submit to the Committees a plan to upgrade the barracks at the Coast Guard Training Center to include 

fire suppression systems and gender-equivalent facilities, as specified in the Senate report. 

Major Acquisition Systems Infrastructure 

A total of $81,500,000 is provided for Major Acquisition Systems Infrastructure, a reduction of $13,000,000 from the amount 

requested due to revised cost estimates. The Coast Guard is directed to submit a current expenditure plan on selected homeports 

to the Committees no later than 45 days after the date of enactment of this Act. Furthermore, the Coast Guard is directed to include within its annual budget justification materials the associated infrastructure costs of each operational asset proposed to be 

acquired. 

Military Housing 

As requested, $20,000,000 is provided for military housing. The 

Coast Guard is directed to provide an exhaustive, prioritized listing 

of all military housing needs to the Committees no later than 45 

days after the date of enactment of this Act. 

Acquisition Personnel 

A total of $110,192,000 is provided for the direct costs of acquisition personnel. However, these funds do not support the costs of 

the requested enhancement to acquisition staffing due to: (1) an inadequate budget justification that does not fully explain baseline 

capabilities and how existing gaps in skills and capabilities will be 

addressed by the requested enhancement; and (2) the fact that the 

Coast Guard has not adequately budgeted to support the existing 

acquisition workforce. Therefore, the funds provided are intended 

to annualize the full costs of supporting acquisition personnel and 

related support to include resources that were reprogrammed at 

the request of the Coast Guard in fiscal year 2011. The Coast 

Guard is directed to brief the Committees on acquisition personnel 

management, as required by the Senate report, no later than February 15, 2012. This briefing shall also include a proposal for incorporating funding for acquisition staffing within the Coast Guard 

‘‘Operating Expenses’’ appropriation and a method for tracking the 

budget for this function if it were to be merged with the funds that 


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currently support personnel within the ‘‘Operating Expenses’’ appropriation. 

RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

A total of $27,779,000 is provided for ‘‘Research, Development, 

Test, and Evaluation’’ (RDT&E). The Coast Guard is directed to revise its annual budget justification for this function, as per the 

standards and direction contained in this statement under the Departmental Management and Operations ‘‘Office of the Chief Financial Officer’’ heading. This revised justification shall also include a prioritized listing of planned RDT&E activities relative to 

stated mission needs and goals. 

Unmanned Aircraft Systems 

Within the amount provided under this heading, $8,000,000 is 

provided for cutter-based unmanned aircraft systems (UAS). This 

funding, in addition to amounts previously appropriated, is provided for the purposes of procurement of shipboard integration 

equipment and to support an advanced concept technology demonstration. 

RETIRED PAY

A total of $1,440,157,000 is provided for ‘‘Retired Pay’’. The 

Coast Guard’s ‘‘Retired Pay’’ appropriation is a mandatory budgetary activity. 

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

A total of $1,661,237,000 is provided for ‘‘Salaries and Expenses.’’ Within this total, the following amounts are provided for 

requested initiatives: $57,300,000 for Operational Mission Support 

enhancements (within ‘‘Protection of Persons and Facilities’’); 

$113,462,000 for 2012 Presidential Campaign costs; $19,307,000 for 

‘‘National Special Security Events’’; $371,000 for enhanced acquisition management support; and $43,843,000 for ‘‘Information Integration and Technology Transformation’’ (IITT). Of the funds provided for IITT, $20,000,000 is withheld from obligation for the purchase or installation of information technology equipment until the 

DHS Chief Information Officer submits a report to the Committees 

certifying that all plans for integration and transformation are consistent with the Department’s data center migration and enterprise 

architecture requirements. In addition, the Secret Service is directed to submit an updated, prioritized plan for the execution of 

Operational Mission Support that reflects the funding provided. 

The amount provided for this appropriation by PPA is as follows: 

Protection: 

Protection of Persons and Facilities .............................................. $832,463,000 

Protective Intelligence Activities ................................................... 68,125,000 

National Special Security Events .................................................. 19,307,000 

Presidential Candidate Nominee Protection ................................ 113,462,000 

White House Mail Screening ......................................................... 18,472,000 

Subtotal, Protection ................................................................. 1,051,829,000 


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Investigations: 

Domestic Field Operations ............................................................. 223,991,000 

International Field Office Administration, Operations and 

Training ....................................................................................... 32,971,000 

Electronic Crimes Special Agent Program and Electronic 

Crimes Task Forces .................................................................... 53,051,000 

Support for Missing and Exploited Children ............................... 8,366,000 

Subtotal, Investigations .......................................................... 318,379,000 

Headquarters, Management and Administration ............................... 191,588,000 

Rowley Training Center ........................................................................ 55,598,000 

Information Integration and Technology Transformation .................. 43,843,000 

Total, Salaries and Expenses ................................................. $1,661,237,000 

Account Structure 

The current PPA structure does not provide visibility into the 

management of funding provided for information technology and 

system investments, or identify costs associated with the site-specific, critical protective physical infrastructure, which merits ongoing investment and refreshment. The Secret Service is directed to 

adjust its PPA structure to align to the tables at the end of this 

statement and to build this revised structure into its fiscal year 

2013 budget request. Costs associated with protective mission operations and support, including those based on unit cost elements for 

staffing and operational activities, excluding facilities and significant infrastructure investments, should continue to be reflected in 

the existing PPA for protection of persons and facilities. However, 

the Secret Service is directed to include a new PPA in its fiscal 

year 2013 budget submission which better captures the costs associated with investment and sustainment requirements for protective infrastructure, for which a substantial increase in funding was 

requested for fiscal year 2012 under ‘‘Protection of Persons and Facilities.’’ 

Overseas Offices 

Within the funding provided for this appropriation, $2,000,000 

above the request is provided for the Secret Service to open and 

staff a new office in Lima, Peru. In lieu of the briefings on field 

operations required in the House and Senate reports, the Secret 

Service is directed to provide a briefing on the establishment of the 

office in Lima, Peru, as well as current and future funding requirements for a permanent office in Beijing, China, no later than February 15, 2012. 

ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

A total of $5,380,000 is provided for ‘‘Acquisition, Construction, 

Improvements, and Related Expenses.’’ 


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TITLE III—PROTECTION, PREPAREDNESS, RESPONSE, AND 

RECOVERY 

NATIONAL PROTECTION AND PROGRAMS DIRECTORATE

MANAGEMENT AND ADMINISTRATION

A total of $50,695,000 is provided for Management and Administration of the National Protection and Programs Directorate 

(NPPD). 

This includes $7,326,000 for management, planning, and administration activities in the Office of the Assistant Secretary for 

Infrastructure Protection and $5,494,000 for the Office of the Assistant Secretary for Cybersecurity and Communications that were 

previously funded in ‘‘Infrastructure Protection and Information 

Security’’. 

As discussed under Departmental Management and Operations, ‘‘Office of the Chief Financial Officer,’’ NPPD shall provide, 

with the submission of the fiscal year 2013 budget request, a fully 

justified budget by PPA and line item. Further, the budget request 

shall be submitted in the PPA structure provided in this statement. 

The budget justification shall also include a full explanation of any 

funds that are requested with availability in excess of one year including a program description, the reason for the additional required availability, and a schedule for execution of the funding. 

Risk Management and Analysis 

A recent National Academy of Sciences (NAS) report highlighted several shortcomings in the NPPD Office of Risk Management and Analysis (RMA) program. While the NAS study concluded that the basic risk framework used by RMA is a sound approach to assessing risk, it identified other significant deficiencies 

in the Office’s risk analysis approach, limiting the level of confidence with which it can be used to support DHS decision-making. 

The NAS recommended major reforms to the current approach, but 

to date the Department has not submitted a plan to reform RMA. 

Such lack of needed reforms is unacceptable in the current fiscally 

constrained environment. Therefore, the Secretary has been provided the authority to transfer up to $4,241,000 to the DHS Office 

of Policy, subject to notification, in order to reform and improve 

oversight of the Department’s risk management and analysis functions. A transfer is also designed to elevate the importance of a 

strong risk modeling, analysis, and strategic planning function 

within the Department. If the Secretary does not submit a notification to transfer the risk management function to the Office of Policy, the funds shall be used to effect the orderly termination of 

RMA by March 30, 2012. 

The Committees must receive the notification for such a transfer no later than 90 days after the date of enactment of this Act. 

Further, no later than the date upon which the notification is submitted, the Secretary shall provide to the Committees a plan identifying and justifying the specific risk modeling, analysis, and strategic planning functions of value and use to the Department and 

its individual components. The plan is to include the funding and 


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personnel being allocated to each function and any reforms being 

made, including those undertaken in response to the NAS findings. 

INFRASTRUCTURE PROTECTION AND INFORMATION SECURITY

A total of $888,243,000 is provided for ‘‘Infrastructure Protec- tion and Information Security’’ (IPIS), of which $200,000,000 is 

available until September 30, 2013. A total of $93,348,000 is provided for Infrastructure Security Compliance. This amount combined with the carryover balance of $19,705,120 provides 

$113,053,120 for program implementation in fiscal year 2012. 

Statutory language is included requiring expenditure plans for 

the Office of Infrastructure Protection and the National Cyber Security Division. The plans shall include a description by PPA and 

line item with the associated costs subdivided by quarter. The plan 

shall provide sufficient detail on the items and services procured 

and the outcomes of those services or items. As requested in the 

President’s budget, $28,927,000 is included for Control Systems Security; $14,876,000 is included for cyber education; and $8,012,000 

is included for cybersecurity outreach and awareness. Any funding 

used for acquisition of workforce improvements shall be clearly 

identified. Funding levels for all Information, Sharing and Analysis 

Centers, the National Infrastructure Simulation and Analysis Center, and for vulnerability assessments shall also be clearly identified. 

A provision that requires an investment and management plan 

is not included for the National Cybersecurity Protection System as 

directed in the House report. Additionally, a separate report for 

Next Generation Network Priority Services is not required as directed in the Senate report. NPPD shall instead comply with the 

requirements for the Comprehensive and Quarterly Acquisition 

Status Reports in Departmental Management and Operations 

under the heading ‘‘Under Secretary for Management.’’ 

With respect to sector cooperation, the Under Secretary for 

NPPD is to provide a report regarding the results of a review to 

streamline the processes for coordination and information sharing 

with industry partners, and GAO is to conduct an evaluation of the 

effort, as directed in the Senate report. 

The Under Secretary is directed to provide a report that details 

the Department’s definition of inherently safer technology as it relates to chemical facilities under the purview of the Chemical Facility Anti-Terrorism Standards program. 

The amount provided for this appropriation by PPA is as follows: 

Infrastructure Protection: 

Infrastructure Analysis & Planning ............................................. $70,518,000 

Sector Management & Governance ............................................... 74,219,000 

Regional Field Operations ............................................................. 57,367,000 

Infrastructure Security Compliance .............................................. 93,348,000 

Subtotal, Infrastructure Protection ........................................ 295,452,000 

Cybersecurity and Communications: 

Cybersecurity: 

Cybersecurity Coordination ........................................................... 4,500,000 

US-Computer Emergency Readiness Team (US–CERT) Operations ............................................................................................ 79,116,000 

Federal Network Security .............................................................. 35,000,000 

Network Security Deployment ...................................................... 229,000,000 


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Global Cybersecurity Management ............................................... 23,992,000 

Critical Infrastructure Cyber Protection & Awareness ............... 60,000,000 

Business Operations ....................................................................... 11,568,000 

Subtotal, Cybersecurity .......................................................... 443,176,000 

Communications: 

Office of Emergency Communications .......................................... 43,495,000 

Priority Telecommunications Services .......................................... 56,074,000 

Next Generation Networks ............................................................ 25,253,000 

Programs to Study and Enhance Telecommunications ............... 13,441,000 

Critical Infrastructure Protection Programs ................................ 11,352,000 

Subtotal, Communications ............................................................. 149,615,000 

Subtotal, Cybersecurity and Communications ...................... 592,791,000 

Total, Infrastructure Protection and Information Security ................................................................................. $888,243,000 

FEDERAL PROTECTIVE SERVICE

A total of $1,261,537,000 is provided for the ‘‘Federal Protective Service’’ (FPS), as requested, for fiscal year 2012. This amount 

is fully offset by collections of security fees. A provision is included 

requiring the Secretary and the Director of the Office of Management and Budget to certify, no later than December 31, 2011, that 

FPS will collect a sufficient amount in fees to cover the total number of FTE requested in the budget, or adjust the fee to cover all 

costs. 

The Director of FPS shall provide an expenditure plan by PPA 

for fiscal year 2012 no later than 60 days after the date of enactment of this Act. The plan shall include a description by line item 

and distinct activity with the expenditures subdivided quarterly. 

With the submission of the fiscal year 2013 budget, the Director of 

FPS shall comply with the requirements as detailed in Departmental Management and Operations, ‘‘Office of the Chief Financial 

Officer’’ with respect to fiscal year 2013 budget justifications. The 

justification provided in fiscal year 2013 shall include all funding 

sources, including reimbursables. 

FPS is directed to provide a strategic human capital plan and 

a plan to assume security and protection responsibilities from agencies that currently hold delegated authority to the Committees and 

GAO as directed in the Senate report. Further, GAO is directed to 

comply with the directions with respect to reviewing such plans. 

UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR

TECHNOLOGY

A total of $306,802,000 is provided for US-VISIT. No funds are 

included for the Acquisition Workforce Initiative. Statutory language is included to require a multi-year investment and management plan. In addition, US-VISIT is directed to comply with the direction included under the heading ‘‘Office of the Chief Financial 

Officer’’ with respect to improved budget justifications. 

Overstay Backlog Elimination 

Given the current budgetary environment, security requirements that must be met immediately, and the lack of an implementation plan for biometric air exit, unobligated balances from USVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00991 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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VISIT are rescinded for distribution to other security priorities 

across the Department for which funds can be more quickly executed. An increase of $9,400,000 is provided for US-VISIT to prepare a comprehensive plan for implementation of biometric air exit, 

as well as for improvement of biographic entry-exit matching capabilities and to prevent future overstay backlogs. DHS is encouraged 

to identify additional funds to enhance funding for its biographic 

efforts. The Department is directed to brief the Committees no 

later than January 13, 2012, on its plan for use of these funds, to 

include elimination of the backlog of ‘‘unvetted’’ overstay records 

and the prevention of reoccurrence of backlogs. 

Semi-Annual Briefings 

US–VISIT shall continue to provide briefings to the Committees on biometric exit planning; interoperability in conjunction with 

its interagency counterparts; hirings and conversions; and other operations. The briefings will be on a semi-annual rather than a 

quarterly basis. 

Identity Management and Screening Services 

As required in the House report, US–VISIT shall brief the 

Committees quarterly on its workload and service levels, including 

any backlogs that may result from an influx of transactions or new 

users. 

US–VISIT 1.0 

Funds are not provided for ‘‘US–VISIT 1.0’’ due to insufficient 

justification regarding the use of such funds. US–VISIT is encouraged to continue planning efforts for modernization of IDENT, including ensuring that it can operate efficiently to meet the growing 

and evolving needs of its users and provide the critical capabilities 

necessary for our Nation’s security. IDENT modernization should 

be outlined in the US–VISIT investment and management plan. 

OFFICE OF HEALTH AFFAIRS

A total of $167,449,000 is provided for the Office of Health Affairs (OHA). The Assistant Secretary for the OHA is directed to 

provide an expenditure plan that includes a description by line 

item and distinct activity, with the expenditures subdivided by 

quarter, within 60 days after the date of enactment of this Act. 

Further, OHA is directed to comply with the direction included in 

Departmental Management and Operations, ‘‘Office of the Chief Financial Officer’’ with respect to improved budget justifications. 

A total of $12,013,000 is provided for the National Biosurveillance Integration System (NBIS), $5,000,000 above the budget request, including funds to diversify DHS’s biosurveillance capabilities. OHA is not required to collocate the National Biosurveillance 

Integration Center as directed in the Senate report. 

A total of $5,439,000 is provided for the Chemical Defense Program, of which $3,000,000 is provided above the request for at least 

two additional demonstration projects, to be competitively selected. 


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FEDERAL EMERGENCY MANAGEMENT AGENCY

SALARIES AND EXPENSES

A total of $895,350,000 is provided for Salaries and Expenses 

under what was formerly called ‘‘Management and Administration.’’ When combined with amounts available from other accounts, 

a total of $1,031,378,000 is available for Salaries and Expenses including grant program execution. 

The amount provided for this appropriation by PPA is as follows: 

Administrative and Regional Offices ................................................... $110,495,000 

Office of National Capital Region Coordination ........................... (5,493,000) 

Preparedness and Protection ................................................................ 109,873,000 

Response ................................................................................................. 226,228,000 

Urban search and rescue response system ................................... (41,250,000) 

Recovery ................................................................................................. 78,373,000 

Mitigation ............................................................................................... 43,675,000 

Mission Support ..................................................................................... 219,433,000 

Centrally Managed Accounts ................................................................ 107,273,000 

Total, Salaries and Expenses ................................................. $895,350,000 

FEMA shall provide an expenditure plan no later than 90 days 

after the date of enactment of this Act. The plan shall be detailed 

by the PPA structure as detailed in this statement and by office. 

It shall include actual funding from the prior year, the current fiscal year, and deviations between the two years. Each year shall include the number of positions, the number of FTE, the amount for 

salaries and benefits, and the amount for the program, showing all 

sources of funding. Specific information regarding the transfer of 

funding from other appropriations should be included, with the 

same level of detail currently provided to the Committees. 

For fiscal year 2013, the budget request for FEMA shall comply with the direction included in Departmental Management and 

Operations under the ‘‘Office of the Chief Financial Officer’’ with 

respect to improved budget justifications. Further, the budget request shall be detailed by office and under the new PPA structure 

provided and submitted in the same format as the required expenditure plan for fiscal year 2012. 

FEMA is directed to study the feasibility to, on a quarterly 

basis, post on the FEMA website a summary of the financial status 

of funds appropriated under ‘‘State and Local Programs.’’ 

FEMA is provided the authority to reprogram funds within 

‘‘Salaries and Expenses,’’ notwithstanding the requirements of section 503 of this Act. This temporary authority shall expire on April 

16, 2012. 

A provision is included requiring the Administrator to submit 

the National Preparedness Report and a comprehensive plan to implement a system to measure the effectiveness of grants to State 

and local communities to the Committees in fiscal year 2012. Further, $1,400,000, 25 percent of the funds for the Office of the Administrator, is withheld from obligation until the Report and the 

plan are submitted. 

Within 90 days of the date of the enactment of this Act, the 

Administrator of FEMA, in consultation with the Commander of 

the U.S. Army Corps of Engineers (USACE), shall provide a report 

on the cost of debris removal. Specifically, the report shall address 


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the disparity between the cost factors for the USACE as compared 

to other options communities have for debris removal services. 

Program, Project, and Activity Restructuring 

In order to provide additional visibility, the FEMA ‘‘Salaries 

and Expenses’’ account, formerly the ‘‘Management and Administration’’ account, has been subdivided into PPA lines. The Administrative and Regional Offices PPA includes the Office of the Administrator, Office of Policy and Program Analysis, Office of External 

Affairs, Disability Integration and Coordination, Office of Equal 

Rights, Office of Chief Counsel, Office of the Chief Financial Officer, Office of National Capital Region Coordination, Regional Operations, Federal Coordinating Officers, and Evaluations and Assessments. The Preparedness and Protection PPA includes the Office of 

Preparedness and National Protection, National Continuity, National Preparedness Directorate, Grants Programs Directorate, and 

Technical Assistance. The Response PPA includes the Office of Response and Recovery, Response Programs, and Logistics Programs. 

The Recovery PPA includes Recovery Programs. The Mitigation 

PPA includes Mitigation Programs. The Mission Support PPA includes the Office of the Associate Administrator, Chief Administrative Officer, Chief Security Officer, Chief Information Officer, Chief 

Human Capital Officer, Chief Procurement Officer, and Regional 

Support. The Centrally Managed Accounts PPA includes centrally 

managed functions in the Office of the Chief Financial Officer as 

well as the Enterprise Operations in the Office of the Chief Administrative Officer, Chief Information Officer, and Chief Security Officer. The Emergency Management Institute is funded under the 

‘‘State and Local Programs’’ account. 

Technical Assistance and Evaluations and Assessments 

Funding for activities under Technical Assistance and Evaluations and Assessments has been provided under this heading instead of under the ‘‘State and Local Programs’’ account as in previous years. A total of $10,000,000 is provided for Technical Assistance within the new Preparedness and Protection PPA, and 

$10,000,000 is provided for Evaluations and Assessments within 

the new Administrative and Regional Offices PPA. 

Facilities Management 

A total of $12,000,000 is provided for capital improvements at 

Mount Weather, as requested. Additionally, $5,000,000 above the 

requested amount is provided to address unfunded repairs and capital improvement on priority projects across FEMA. None of these 

funds may be obligated until five days after the Chief Financial Officer (CFO) of FEMA briefs the Committees on an execution plan 

for these funds. 

Automation Modernization 

A total of $13,662,000 is provided for FEMA to address automation modernization requirements. None of these funds may be 

obligated until five days after the CFO and the Chief Information 


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Officer (CIO) of FEMA brief the Committees on the execution plan 

for these funds. A provision is included requiring FEMA to provide 

a strategic plan within 180 days after the date of enactment of this 

Act to modernize its automation and information systems. As noted 

in both the Senate and House reports, a recent OIG report (OIG– 

11–69) highlighted a systemic information management and systems problem within FEMA which leaves the Agency less able to 

efficiently and effectively accomplish its mission. FEMA relies on a 

time consuming and manual process to estimate its needs for disaster relief funding. Further, FEMA has been unable to quantify 

National preparedness capabilities, and gaps in capabilities, despite Congress’s call to do so since before 2007. Lastly, FEMA is 

unable to efficiently work with partners in homeland security and 

emergency management due to a lack of comparable technology capability. 

The lack of a comprehensive approach and needed investments 

to modernize systems has also left FEMA less able to integrate the 

preparedness, prevention, response, mitigation, and recovery missions with which it is charged. The funding and planning requirement established in the Act is to provide the means and the direction for FEMA to modernize for better performance and future cost 

savings. FEMA shall include the DHS CIO in planning efforts to 

ensure compatibility with DHS systems where practicable. Further, 

the needs of the Office of National Capital Region Coordination 

(ONCRC) shall be considered in the automation and information 

systems strategy. The Deputy Administrator is directed to brief the 

Committees within 45 days after the date of the enactment of this 

Act regarding the implementation of the findings of OIG report 

OIG–11–69, and the initial effort to formulate the modernization 

plan for each major component within FEMA. These requirements 

are in lieu of separate requirements addressed in Senate and 

House reports with respect to the information technology and modernization within the CIO, Preparedness and Protection, Recovery, 

Mission Support, and the ONCRC. 

Funding for data center migration is not included in this account but is instead addressed under General Provisions in Title V. 

Disaster Relief Fund Financial Management Policy 

Within 90 days after the date of the enactment of this Act, the 

Administrator and the CFO of FEMA shall develop a policy and 

issue guidance on the implementation of the restriction to immediate needs funding, or any other spending restrictions administratively imposed in the Disaster Relief Fund (DRF). This policy shall 

include thresholds for when a restriction will be implemented and 

identify which programs are impacted under the restriction. FEMA 

shall brief the Committees within 90 days after the date of the enactment of this Act on the completed policy. Further, FEMA is directed to notify the Committees no later than 15 days prior to the 

implementation of immediate needs funding restrictions, to the extent practicable. 

To improve the validity and veracity of requests for disaster relief funding in future budgets, the Administrator and the CFO of 

FEMA shall develop policy and guidance that defines the methodology used to formulate the budget estimate for the DRF. The polVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 00995 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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icy shall be consistent with the Budget and Control Act and shall 

include a clear description of the data used as a basis for the request, the office responsible for providing the data, and the 

source(s) of data used. The Office of the Administrator and the 

CFO of FEMA shall brief the Committees within 90 days of the 

date of the enactment of this Act on the proposed policy and guidance. Using this policy and guidance, the CFO of FEMA shall work 

with a qualified third party organization to review the methodology 

and create estimating tools that will enable rigorous and more consistent forecasting of the requirements for the Disaster Relief 

Fund. Up to $500,000 is provided for this effort. The Committees 

shall be regularly briefed by the CFO on the status of the project. 

Further, to improve the management of the DRF and assistance programs, FEMA needs to improve the quality and timeliness 

of project worksheets for public assistance grants, as well as the 

process for sharing that information with regional offices, FEMA 

headquarters, and the Office of Management and Budget (OMB). 

Therefore, FEMA shall work with the Homeland Security Studies 

and Analysis Institute, or an independent organization with expertise in grants management, to review the project worksheet process 

and flow of information, and provide a report to the Committees no 

later than May 1, 2012. The organization shall provide recommendations to FEMA and the Committees on how to improve 

the collection and sharing of grant information between the regions, FEMA headquarters, and OMB. The review shall include a 

delineation of the time an application, or an application appeal, 

currently spends at each office and stage of the process including 

the joint field office, FEMA regional office, FEMA headquarters, 

DHS, and OMB; and ways to streamline the information and reduce the time needed to adjudicate applications. 

Office of the National Capital Region Coordination 

A total of $5,493,000 is provided for the ONCRC. The ONCRC 

was created to oversee and coordinate Federal programs for and relationships with State, local, and regional authorities in the National Capital Region. Strides have been made in coordinating efforts, especially among the State and local partners, however, there 

is much more to do, especially in regard to coordination and communication among Federal entities in the area. The Office of the 

Administrator of FEMA, in conjunction with ONCRC, shall provide 

a briefing within 60 days after the date of enactment of this Act, 

on a clear strategy and an action plan to ensure that ONCRC activities are focused in the most efficient and effective manner. The 

briefing shall provide an understanding of specific outcomes of the 

ONCRC for fiscal year 2012, and the timeframe in which they will 

be completed. Further, the Administrator of FEMA is directed to 

comply with section 882 of the Homeland Security Act of 2002 with 

respect to the submission of the ONCRC annual report. The annual 

report shall be submitted within 60 days of the date of enactment 

of this Act. 

A provision is continued requiring the inclusion of the Governors of the State of West Virginia and the Commonwealth of 

Pennsylvania in the National Capital Region decision-making and 

planning process for mass evacuation. 


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Urban Search and Rescue 

A total of $41,250,000 is for the Urban Search and Rescue Response System, an increase of $6,070,000 over fiscal year 2011. The 

increase provides for updating the chemical, biological, radiological, 

nuclear, or explosives equipment for existing teams and to add an 

additional team, if warranted, to ensure adequate response times 

and coverage across the Nation. None of the additional funds provided may be obligated until five days after FEMA briefs the Committees on the requirements and justification for the expenditure 

of funds. FEMA is directed to provide the details of the complete 

review of the System without delay. 

Unaccompanied Minors Registry 

A total of no less than $500,000 is provided to automate the 

unaccompanied minors registry and call center as directed in the 

Senate report. 

Presidential Policy Directive—8 

The conferees are pleased the National Preparedness Goal was 

submitted this past September, in accordance with the Presidential 

Policy Directive—8, and expect to receive a report describing the 

National Preparedness System before January 2012. Within 15 

days after receiving the report, FEMA shall brief the Committees 

on the recommendations of the report, timelines for their implementation, and their budgetary impacts. 

STATE AND LOCAL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

A total of $1,349,681,000 is provided for State and Local programs. The amount provided for this appropriation by PPA is as 

follows: 

State and Local Programs Grants ........................................................ $1,118,000,000 

Education, Training, and Exercises: 

Emergency Management Institute ................................................ 16,181,000 

Center for Domestic Preparedness ................................................ 62,500,000 

National Domestic Preparedness Consortium .............................. 93,000,000 

National Exercise Program ............................................................ 34,000,000 

Continuing Training ....................................................................... 26,000,000 

Subtotal, Education, Training, and Exercises ....................... 231,681,000 

Total, State and Local Programs .................................... $1,349,681,000 

The funds provided for State and Local Program grants are to 

be allocated according to threat, vulnerability, and consequence to 

assist high-risk urban areas, States, local and Tribal governments, 

and other homeland security partners in preventing, preparing for, 

protecting against, and responding to acts of terrorism. Congress 

has appropriated over $34,000,000,000 to homeland security grants 

to date to build first responder capabilities and secure infrastructure. Given the current fiscal climate, the Department should work 

with the appropriate Committees of jurisdiction to clearly define 

the Federal role and reassess the most effective delivery of support 


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and resources to sustain and improve homeland security capabilities. 

The Secretary and the Administrator of FEMA are directed to 

study the current grant programs in order to make them the most 

effective and to reduce impediments to the timely expenditure of 

homeland security grant funds. The results of such study shall be 

provided to the Committees in conjunction with the required comprehensive plan to implement a system to measure the effectiveness of grants. 

Several provisions are included related to grant administration. Grant guidance shall be issued within 60 days, applicants 

shall apply within 80 days, and award decisions shall be made 

within 65 days. Grantees may not use more than 5 percent of a 

grant for grant administration and shall provide reports on the use 

of funds as determined necessary by the Secretary. The installation 

of communications towers is not considered construction under 

State Homeland Security Grants and the Urban Area Security Initiative. 

A provision is included allowing the Center for Domestic Preparedness to train certain emergency personnel provided it does 

not interfere with the primary mission to train state and local 

emergency response providers. 

Funding for the Emergency Management Institute is provided 

under this heading, instead of under ‘‘Salaries and Expenses’’ (formerly ‘‘Management and Administration’’) as in previous years. 

The Department shall brief the Committees on steps taken to 

ensure community leaders and grantees have the same threat, vulnerability, and consequence information that is available to the Department to ensure applications reflect true risk. 

The GAO is no longer required to monitor the development of 

any system to measure the effectiveness of the grant programs as 

directed in the House report. 

FEMA is required to provide a report on the accomplishments 

of the Regional Catastrophic Preparedness Grant Program, including how successes can be transitioned to and sustained through future catastrophic planning efforts. 

As addressed in both the Senate and House reports, the continued slow expenditure of funds is concerning. FEMA is directed to 

brief the Committees no later than 90 days after the date of enactment of this Act on plans to expedite the expenditure of funds for 

interoperable emergency communications, port security, and transit 

security grants. Particular attention should be placed on funds that 

were appropriated prior to fiscal year 2008. 

FIREFIGHTER ASSISTANCE GRANTS

A total of $675,000,000 is provided for Firefighter Assistance 

Grants including $337,500,000 for firefighter assistance grants and 

$337,500,000 for firefighter staffing grants. FEMA is directed to 

continue the present practice of funding applications according to 

local priorities and those established by the United States Fire Administration, to maintain an all-hazards focus, and to grant funds 

for eligible activities in accordance with the authorizing statute. 

FEMA is required to continue the current grant application and review process as specified in the House report. 


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EMERGENCY MANAGEMENT PERFORMANCE GRANTS

A total of $350,000,000 is provided for Emergency Management Performance Grants. 

RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAM

Statutory language is included providing for the receipt and 

expenditure of fees collected, as authorized by P.L. 105–276. 

UNITED STATES FIRE ADMINISTRATION

A total of $44,038,000 is provided for the United States Fire 

Administration. 

DISASTER RELIEF FUND

(INCLUDING TRANSFER OF FUNDS)

A total of $700,000,000 is provided in this conference agreement for the Disaster Relief Fund formerly called ‘‘Disaster Relief.’’ 

The conferees anticipate that an additional $6,400,000,000 that is 

designated for major disasters pursuant to 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 will be 

provided in legislation that is being considered in parallel to this 

conference agreement. Therefore, a total amount of $7,100,000,000 

will be provided for the Disaster Relief Fund for fiscal year 2012 

consistent with estimates provided by the Director of the Office of 

Management and Budget in a letter dated October 19, 2011, and 

by the Secretary of Homeland Security in the report titled ‘‘Disaster Relief Funding Requirements’’ dated October 21, 2011, pursuant to the legislative requirement in Section 125 of H.R. 2017 (Public Law 112–36). Of the funds provided in this conference agreement, $24,000,000 shall be transferred to the DHS OIG for audits 

and investigations related to disasters. 

A provision is included amending Public Law 110–161 which 

exempts FEMA from the permanent requirement to submit a 

monthly ‘‘Disaster Relief’’ report. A new provision is included updating the timeframes and information which FEMA must report 

to the Committees on the Disaster Relief Fund. This provision reduces the burden of reporting by FEMA and allows for better oversight of funding requirements by the Committees. There are several previous reporting requirements which are deleted altogether. 

FEMA is cautioned that such data could be required in the future 

after a catastrophic event, and FEMA should therefore not lose the 

capacity to track and provide such information including: Mission 

Assignment obligations and expenditures by Federal agency; credit 

card costs and purchases by DHS agencies; and sole source contracts. 

A report on the expenditure of funds for disaster readiness and 

support, including quarterly updates, is required, as in previous 

years. 

A requirement is included in this statement under FEMA Salaries and Expenses to improve DRF budget estimates. 

DISASTER ASSISTANCE DIRECT LOAN PROGRAM ACCOUNT

A total of $295,000 is provided for the cost of direct loans. 


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FLOOD HAZARD MAPPING AND RISK ANALYSIS

A total of $97,712,000 is provided for flood hazard mapping 

and risk analysis. 

FEMA is directed to provide no less than 20 percent of the 

funds provided under this heading for map updates and maintenance conducted by Cooperating Technical Partners (CTPs) that 

provide at least a 25 percent cash match and have a strong record 

of working effectively with FEMA on floodplain mapping activities. 

NATIONAL FLOOD INSURANCE FUND

A total of $22,000,000 is provided for salaries and expenses 

and $149,000,000 for flood plain management and mapping. Further, $10,000,000 is provided for the severe repetitive loss program. 

NATIONAL PREDISASTER MITIGATION FUND

A total of $35,500,000 is provided for the National Predisaster 

Mitigation Fund. The unobligated balance from previous years is 

$173,259,000. 

EMERGENCY FOOD AND SHELTER

A total of $120,000,000 is provided for the Emergency Food 

and Shelter program. 

TITLE IV—RESEARCH AND DEVELOPMENT, TRAINING, AND 

SERVICES 

UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES

A total of $102,424,000 is provided in discretionary appropriations for USCIS for E-Verify. 

FEE FUNDED PROGRAMS

USCIS operations that have been funded through fee revenue 

should continue to be funded in that manner, including the processing of refugee and asylum claims, Systematic Alien Verification 

for Entitlements (SAVE), and immigrant integration activities. 

USCIS is directed to include these costs in its revised fee schedule 

in recognition of the fact that no additional appropriations will be 

available to cover the costs of these activities. Further, the table at 

the end of this statement is updated to reflect these activities as 

funded through fee collections and includes new projections from 

USCIS. The requirement in the House report regarding quarterly 

briefings on fee revenues and obligations is incorporated into the 

user fee report requirement addressed in this statement under the 

heading ‘‘Office of the Chief Financial Officer.’’ 

DIGITIZATION EFFORTS

USCIS, ICE, and the Executive Office of Immigration Review 

are directed to brief the Committees on use of digitized records, as 

required in the House report, no later than March 1, 2012. USCIS 

is also directed to provide no less than $29,000,000 to continue conversion of immigration records to digital format. 


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SYSTEMATIC ALIEN VERIFICATION FOR ENTITLEMENTS

Due to current budgetary constraints, the SAVE program must 

continue to be funded through user fees and other USCIS fee revenues. USCIS shall explore all opportunities to reduce the burden 

on State and local benefits agencies that serve as a disincentive to 

participation. Additionally, USCIS shall ensure that improvements 

to the Verification Information System benefit both E-Verify and 

SAVE users. 

REAL ID

The Department is directed to brief the Committees no later 

than April 13, 2012, on the steps being taken to encourage the 

States to draw down these funds, the progress on draw down, and 

the specific reasons by jurisdiction for the delay in draw down, as 

directed in the House report. 

IMMIGRANT INTEGRATION GRANTS

Section 551 is included providing $10,000,000 for immigrant 

integration grants from fee revenue. No more than five percent of 

the amount of funds utilized for immigrant integration grants can 

be used to administer the program. 

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

A total of $238,957,000 is provided for ‘‘Salaries and Ex- penses,’’ as requested. Within the funds provided, $29,716,000 is 

for Management and Administration and $1,304,000 is for the Federal Law Enforcement Training Accreditation Board. 

ACQUISITIONS, CONSTRUCTION, IMPROVEMENTS, AND RELATED

EXPENSES

A total of $32,456,000 is provided for ‘‘Acquisitions, Construction, Improvements, and Related Expenses.’’ 

SCIENCE AND TECHNOLOGY

MANAGEMENT AND ADMINISTRATION

A total of $135,000,000 is provided for ‘‘Management and Administration,’’ including not to exceed $8,500 for official reception 

and representation expenses. 

RESEARCH, DEVELOPMENT, ACQUISITION, AND OPERATIONS

A total of $533,000,000 is provided for ‘‘Research, Development, Acquisition, and Operations,’’ including $265,783,000 for a 

new consolidated ‘‘Research, Development, and Innovation’’ (RDI) 

PPA in lieu of the previous, more detailed program areas. Funding 

is available for three years, except Laboratory Facilities funding, 

which is available for five years. 

The amount provided for this appropriation by PPA is as follows: 

Research, Development, and Innovation ............................................. $265,783,000 

Laboratory Facilities (Operations and Construction) ......................... 176,500,000 


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Acquisition and Operations Support .................................................... 54,154,000 

University Programs ............................................................................. 36,563,000 

Total, Research, Development, Acquisition and Operations ....... $533,000,000 

RESEARCH, DEVELOPMENT, AND INNOVATION

The new PPA for RDI will enable S&T to more quickly shift 

resources, if necessary, between research activities without formal 

reprogramming or transfer actions. In some instances, research activity may straddle several different missions and thrust areas. 

S&T and the Department must prioritize this consolidated research 

budget, which is substantially reduced from recent fiscal years, to 

focus on areas with the greatest promise for delivering material improvements or tangible contributions to homeland security missions 

in the near term. This flexibility in funding should facilitate that 

effort and partially offset the impact of an overall funding reduction. 

However, it remains important for accountability and visibility 

into the S&T research program that a more detailed reporting of 

research activity be available. Therefore, S&T is directed to submit 

to the Committees a detailed breakout of RDI funding by research 

thrust areas and by project, based on the categories presented in 

the budget justification materials, no later than 30 days after the 

date of enactment of this Act, and to submit quarterly updates 

thereafter. 

APEX RESEARCH PROJECTS

The Apex initiative focuses on high-priority, high-value 

projects expected to produce results to solve a homeland security 

challenge in the near term. To provide the best oversight over 

these programs, S&T is directed to brief the Committees before initiating any new Apex projects, as specified in the House report. 

S&T and the Secret Service shall brief the Committees no later 

than 60 days after the date of enactment of this Act on the protective technology project, to include a progress report and a schedule 

for test and evaluation under operational conditions. 

RESILIENCE AND CYBERSECURITY

S&T is encouraged to continue to support competitively awarded research into disaster resilience with universities and Federal 

research centers, as well as cybersecurity research and development, as discussed in the Senate report. 

LABORATORY FACILITIES (OPERATIONS AND CONSTRUCTION) 

A total of $176,500,000 is provided for Laboratory Facilities 

(Operations and Construction), of which $50,000,000 shall be to 

support the construction of the National Bio- and Agro-defense Facility (NBAF), and of which $18,200,000 shall be for infrastructure 

upgrades at the Transportation Security Laboratory as requested. 

Section 550 in the Act restricts funds appropriated in this Act for 

NBAF construction until the Department of Homeland Security 

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ment, and submits the National Academy of Sciences’ review of the 

revised risk assessment. In addition, the revised site-specific biosafety and biosecurity mitigation risk assessment is to include a 

plan for expenditure of funds related to NBAF construction and a 

revised estimate of the total construction costs to complete the facility. 

NUCLEAR AND RADIOLOGICAL RESPONSE AND RECOVERY

While funding for general transformational research and development of nuclear and radiological threat detection is funded within the Domestic Nuclear Detection Office (DNDO), S&T is directed 

as part of its fiscal year 2013 budget to give priority to research 

and development of technology for response and recovery from nuclear or radiological attacks or disasters, as part of its broader support of homeland security response and recovery requirements. 

ACQUISITION AND OPERATIONS SUPPORT

A total of $54,154,000 is provided for ‘‘Acquisition and Operations Support.’’ S&T is directed to provide no less than 

$6,641,000, as requested, for the establishment of policies and procedures for test and evaluation activities and to monitor and coordinate them across the Department’s acquisition framework. 

DOMESTIC NUCLEAR DETECTION OFFICE

MANAGEMENT AND ADMINISTRATION

A total of $38,000,000 is provided for ‘‘Management and Administration.’’ The Secretary is directed to submit to the Committees no later than 180 days after the date of enactment of this Act 

a strategic plan of investments necessary to implement the Department’s responsibilities under the domestic component of the Global 

Nuclear Detection Architecture (GNDA), as required by this Act. 

RESEARCH, DEVELOPMENT, AND OPERATIONS

A total of $215,000,000 is provided for ‘‘Research, Development, and Operations.’’ 

The amount provided for this appropriation by PPA is as follows: 

Systems Engineering and Architecture ............................................... $30,000,000 

Systems Development ........................................................................... 51,000,000 

Transformational Research and Development .................................... 40,000,000 

Assessments ........................................................................................... 38,000,000 

Operations Support ............................................................................... 33,000,000 

National Technical Nuclear Forensics Center ..................................... 23,000,000 

Total, Research, Development, and Operations ........................... $215,000,000 

SEMI-ANNUAL BRIEFINGS

In lieu of quarterly briefings, as directed in the House and 

Senate reports, DNDO is directed to brief the Committees semi-annually on program updates and to provide periodic updates on any 

new threats, research, and studies and assessments related to the 

GNDA. Semi-annual program briefings shall also cover emergent 

technology solutions being explored by DNDO, such as the human 


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portable tripwire program; cargo scanning technologies for air, 

land, and sea ports of entry; long-range detection; small vessel 

standoff detection; and related programs. Briefings shall include 

available test and evaluation results. 

SYSTEMS ENGINEERING AND ARCHITECTURE

Funding for DNDO’s proposed Mission Critical Messaging program is provided to enhance situational awareness of the GNDA. 

SYSTEMS DEVELOPMENT

In lieu of the requirement for an evaluation of DNDO’s acquisitions funding and the appropriateness of consolidating DNDO’s 

‘‘Systems Development’’ and ‘‘Test and Evaluation Infrastructure 

Operations’’ activities within the Department’s Science and Technology Directorate, language is included under the ‘‘Office of the 

Chief Financial Officer’’ heading in this statement regarding an assessment of the Department’s acquisition organization and performance in support of its nuclear detection mission. 

TRANSFORMATIONAL RESEARCH AND DEVELOPMENT

The Department’s request to transfer radiological and nuclear 

research and development from DNDO to the Department’s Science 

and Technology Directorate is denied. Instead, a total of 

$40,000,000 is provided for Transformational Research and Development (R&D). 

The conferees recognize that transformational R&D is funded 

at a substantially reduced level when compared to prior fiscal years 

and urge DNDO to leverage partnerships within the Department 

and the interagency community to realize the Office’s radiological 

and nuclear research objectives. DNDO is directed to provide a detailed breakout no later than 60 days after the date of enactment 

of this Act of how it intends to fund transformational R&D activities at the reduced appropriations level, as directed in the House 

report. 

SYSTEMS ACQUISITION

A total of $37,000,000 is provided for ‘‘Systems Acquisition.’’ 

The amount provided for this appropriation by PPA is as follows: 

Radiation Portal Monitor Program ...................................................... $7,000,000 

Securing the Cities ................................................................................ 22,000,000 

Human Portable Radiation Detection System ..................................... 8,000,000 

Total, Systems Acquisition ............................................................ $37,000,000 

RADIATION PORTAL MONITOR PROGRAM

A total of $7,000,000 is provided for the Radiation Portal Monitor (RPM) program. Reductions from the request are made in light 

of the Secretary’s decision to cancel the Advanced Spectroscopic 

Portal (ASP) program as communicated in the Secretary’s letter of 

October 3, 2011, to the Committees. As a result of the Secretary’s 

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cluded. If a successor program is initiated by the Department, the 

Committees are to be notified. 

SECURING THE CITIES

A total of $22,000,000 is provided for the Securing the Cities 

(STC) program, which includes $2,000,000 for a new STC location 

beyond the New York pilot. In lieu of the reports required by the 

House and Senate on the STC program, DNDO is directed to provide a report, before committing funds to a new STC location, that: 

(1) Provides an evaluation of the New York STC pilot, including 

lessons learned for future STC sites and corrective actions that are 

being taken, or will be taken, to reconcile deficiencies identified in 

exercises and reviews; (2) details efforts to establish a model for 

STC lifecycle costs; (3) delineates performance measures that will 

be used to evaluate STC sites; and (4) outlines plans for a Federal 

transition strategy for the existing and new STC location. 

In lieu of quarterly briefings, as directed in the House report, 

DNDO is directed to provide periodic briefings on the Securing the 

Cities program, with the first briefing to be scheduled after the 

Committees receive the report assessing the 2011 STC exercise in 

New York City. 

TITLE V—GENERAL PROVISIONS 

Section 501. A provision proposed by the House and Senate is 

continued that no part of any appropriation shall remain available 

for obligation beyond the current year unless expressly provided. 

Section 502. A provision proposed by the House and Senate is 

continued that unexpended balances of prior appropriations may be 

merged with new appropriation accounts and used for the same 

purpose, subject to reprogramming guidelines. 

Section 503. A provision proposed by the Senate is continued 

that provides authority to reprogram appropriations within an account and to transfer up to 5 percent between appropriations accounts with 15-day advance notification to the Committees. The 

House proposed a similar provision. A detailed funding table identifying programs, projects, and activities is included at the end of 

this statement. This table along with funding levels specified in the 

report shall serve as the control level for all reprogrammings. 

These reprogramming guidelines shall be complied with by all 

agencies funded by this Act. 

The Department shall submit reprogramming requests on a 

timely basis and provide complete explanations of the reallocations 

proposed, including detailed justifications of the increases and offsets, and any specific impact the proposed changes will have on the 

budget request for the following fiscal year and future-year appropriations requirements. Each request submitted to the Committees 

should include a detailed table showing the proposed revisions at 

the account, program, project, and activity level to the funding and 

staffing (full-time equivalent position) levels for the current fiscal 

year and to the levels requested in the President’s budget for the 

following fiscal year. 

The Department shall manage its programs and activities 

within the levels appropriated. The Department should only submit 


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reprogramming or transfer requests in the case of an unforeseeable 

emergency or situation that could not have been predicted when 

formulating the budget request for the current fiscal year. When 

the Department submits a reprogramming or transfer request to 

the Committees and does not receive identical responses from the 

House and Senate, it is the responsibility of the Department to reconcile the House and Senate differences before proceeding, and if 

reconciliation is not possible, to consider the reprogramming or 

transfer request not approved. 

The Department is not to submit a reprogramming or transfer 

of funds after June 30 except in extraordinary circumstances, 

which imminently threaten the safety of human life or the protection of property. If a reprogramming or transfer is needed after 

June 30, the notice should contain sufficient documentation as to 

why it meets this statutory exception. 

Subsection (e), added in the fiscal year 2011 year-long continuing resolution, is included to ensure that funds that are 

deobligated by the Department are also subject to the reprogramming and transfer guidelines and requirements set forth in this 

section. 

Section 504. A provision proposed by the House and Senate is 

continued that prohibits funds appropriated or otherwise made 

available to the Department to make payment to the Department’s 

Working Capital Fund, except for activities and amounts allowed 

in the President’s fiscal year 2012 request. Funds provided to the 

WCF are available until expended. The Department can only 

charge components for direct usage of the WCF and these funds 

may be used only for the purposes consistent with the contributing 

component. Any funds paid in advance or reimbursed must reflect 

the full cost of each service. The WCF shall be subject to the requirements of section 503 of this Act. 

Section 505. A provision proposed by the House and Senate is 

continued that not to exceed 50 percent of unobligated balances remaining at the end of fiscal year 2012 from appropriations made 

for salaries and expenses shall remain available through fiscal year 

2013 subject to section 503 reprogramming guidelines. 

Section 506. A provision proposed by the House and Senate is 

continued that funds for intelligence activities are deemed to be 

specifically authorized during fiscal year 2012 until the enactment 

of an Act authorizing intelligence activities for fiscal year 2012. 

Section 507. A provision proposed by the House and Senate is 

continued and modified requiring notification of the Committees 

three days before grant allocations, grant awards, contract awards, 

other transactional agreements, letters of intent, or a task or delivery order on a multiple contract award totaling $1,000,000 or more, 

or a task or delivery order greater than $10,000,000 from multiyear funds, is announced by the Department, including contracts 

covered by the Federal Acquisition Regulation. The Department is 

required to brief the Committees 5 full business days prior to announcing the intention to make a grant under State and Local Programs. Notification shall include a description of the project or 

projects to be funded, including city, county, and State. 

Section 508. A provision proposed by the House and Senate is 

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tional facilities for Federal law enforcement training without advance approval of the Committees. 

Section 509. A provision proposed by the House and Senate is 

continued that none of the funds may be used for any construction, 

repair, alteration, and acquisition project for which a prospectus, if 

required under chapter 33 of title 40, United States Code, has not 

been approved. 

Section 510. A provision proposed by the House and Senate is 

continued and modified that consolidates by reference prior year 

statutory bill language into one provision. These provisions relate 

to contracting officer’s technical representative training; sensitive 

security information; and the use of funds in conformance with section 303 of the Energy Policy Act of 1992. 

Section 511. A provision proposed by the House and Senate is 

continued that none of the funds may be used in contravention of 

the Buy American Act. 

Section 512. A provision proposed by the House and Senate is 

continued and modified on reporting requirements of the privacy 

officer. 

Section 513. A provision proposed by the House and Senate is 

continued regarding the oath of allegiance required by section 337 

of the Immigration and Nationality Act. 

Section 514. A provision proposed by the House and Senate is 

continued requiring the Chief Financial Officer to submit monthly 

budget execution and staffing reports within 45 days after the close 

of each month. 

Section 515. A provision proposed by the Senate is continued 

regarding the competitive sourcing for United States Citizenship 

and Immigration Services. The House proposed no similar provision. 

Section 516. A provision proposed by the Senate is continued 

and modified directing that any funds appropriated or transferred 

to TSA ‘‘Aviation Security’’, ‘‘Administration’’, and ‘‘Transportation 

Security Support’’ in fiscal years 2004 and 2005 that are recovered 

or deobligated shall be available only for procurement and installation of explosives detection systems, air cargo, baggage, and checkpoint screening systems, subject to notification. Quarterly reports 

must be submitted identifying any funds that are recovered or 

deobligated. The House proposed a similar provision. 

Section 517. A provision proposed by the House and Senate is 

continued for fiscal year 2012 requiring that any funds appropriated to the Coast Guard’s 110–123 foot patrol boat conversion 

that are recovered, collected, or otherwise received as a result of 

negotiation, mediation, or litigation, shall be available until expended for the Fast Response Cutter program. 

Section 518. A provision proposed by the House and Senate is 

continued for fiscal year 2012 relating to undercover investigative 

operations authority of the U.S. Secret Service. 

Section 519. A provision proposed by the House and Senate is 

continued classifying the functions of the instructor staff at the 

Federal Law Enforcement Training Center as inherently governmental for purposes of the Federal Activities Inventory Reform Act. 

Section 520. A provision proposed by the House and Senate is 

continued prohibiting the obligation of funds to the Office of the 


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Secretary and Executive Management, the Office of the Under Secretary for Management, and the Office of the Chief Financial Officer for grants or contracts awarded by any means other than full 

and open competition. Certain exceptions apply, and this provision 

does not require new competitions of existing contracts during their 

current terms. It also requires the Inspector General to review Departmental contracts awarded noncompetitively and report on the 

results to the Committees. 

Section 521. A provision proposed by the House is continued 

and modified that prohibits funding pertaining to the Principal 

Federal Official during a Stafford Act declared disaster or emergency, with certain exceptions. The Senate proposed no similar provision. 

Section 522. A provision proposed by the Senate is continued 

and made permanent regarding the enforcement of section 4025(1) 

of the Intelligence Reform and Terrorism Prevention Act of 2004 

(Public Law 108–458; 118 Stat. 3724) regarding butane lighters. 

The House proposed a similar provision. 

Section 523. A provision proposed by the House and Senate is 

continued that precludes DHS from using funds in this Act to carry 

out reorganization authority. This prohibition is not intended to 

prevent the Department from carrying out routine or small reallocations of personnel or functions within components, subject to 

Section 503 of this Act. This language prevents large scale reorganization of the Department, which should be acted on legislatively 

by the relevant Congressional committees of jurisdiction. 

Section 524. A provision proposed by the Senate is continued 

prohibiting the Secretary from reducing operations within the 

Coast Guard’s Civil Engineering Program except as specifically authorized by a statute enacted after the date of enactment of this 

Act. The House proposed no similar provision. 

Section 525. A provision proposed by the House and Senate is 

included prohibiting funding to grant an immigration benefit to 

any individual unless the results of background checks required by 

statute to be completed prior to the grant of benefit have been received by DHS. 

Section 526. A provision proposed by the House and Senate is 

continued, modified, and made permanent prohibiting use of funds 

to destroy or put out to pasture any horse or other equine belonging to any component or agency of DHS unless adoption has been 

offered first. 

Section 527. A provision proposed by the Senate is included extending other transactional authority for DHS through fiscal year 

2012 and eliminates a GAO reporting requirement that is no longer 

necessary. The House proposed a similar provision. 

Section 528. A provision proposed by the House and Senate is 

continued requiring the Secretary to link all contracts that provide 

award fees to successful acquisition outcomes. 

Section 529. A provision proposed by the Senate is included 

and modified regarding waivers of 46 U.S.C. 501(b). The House proposed no similar provision. 

Section 530. A provision proposed by the House and Senate is 

continued and modified prohibiting the obligation of funds for the 


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Office of the Secretary and Executive Management for any new 

hires at DHS if they are not verified through the E-Verify program. 

Section 531. A provision proposed by the Senate is continued 

prohibiting funds from being used to reduce the Coast Guard’s Operations Systems Center mission or its government-employed or 

contract staff. The House proposed no similar provision. 

Section 532. A provision proposed by the House and Senate is 

continued related to prescription drugs. 

Section 533. A provision proposed by the Senate is continued 

prohibiting funds to be used to conduct or implement the results 

of a competition under Office of Management and Budget Circular 

A–76 with respect to the Coast Guard National Vessel Documentation Center. The House proposed no similar provision. 

Section 534. A provision proposed by the House and Senate is 

continued requiring the Secretary, in conjunction with the Secretary of the Treasury, to notify the Committees of any proposed 

transfers from the Department of the Treasury Forfeiture Fund to 

any agency within DHS. No funds may be obligated until the Committees approve the proposed transfers. If the President proposes 

to rescind Treasury Forfeiture Funds in his fiscal year 2013 budget, he shall propose to divide the funds equitably between the Departments based upon their contributions to the Fund. 

Section 535. A provision proposed by the House and Senate is 

continued prohibiting funds for planning, testing, piloting, or developing a national identification card. 

Section 536. A provision proposed by the House is continued 

requiring the TSA Administrator to certify that no security risks 

will result if an airport does not participate in the E-Verify program. The Senate proposed no similar provision. 

Section 537. A provision proposed by the House and Senate is 

continued and modified that requires a report, to be posted on the 

FEMA website, summarizing damage assessment information used 

to determine whether to declare a major disaster. 

Section 538. A provision proposed by the House and Senate is 

continued, modified, and made permanent relating to the liquidation of Plum Island assets and how the proceeds from such sale 

may be applied to construction costs of the new National Bio- and 

Agro-defense Facility. 

Section 539. A provision proposed by the House and Senate is 

continued directing that any official required by this Act to report 

or to certify to the Committees on Appropriations may not delegate 

any authority unless expressly authorized to do so in this Act. 

Section 540. A provision proposed by the Senate is continued 

extending the risk-based security standards for chemical facilities 

cited in section 550 of Public Law 109–295, as amended, for one 

year. The House proposed a similar provision. 

Section 541. A provision proposed by the Senate is continued 

prohibiting the use of funds for the transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, 

Cuba. The House proposed a similar provision. 

Section 542. A provision proposed by the House and Senate is 

continued prohibiting funds in this Act to be used for first-class 

travel. 


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Section 543. A provision proposed by the House and Senate is 

continued prohibiting funds in this Act to be used for adverse personnel actions for employees who use protective equipment or 

measures, including surgical masks, N95 respirators, gloves, or 

hand-sanitizers in the conduct of their official duties. 

Section 544. A provision proposed by the House and Senate is 

continued prohibiting funds to be used to employ illegal workers as 

described in Section 274A(h)(3) of the Immigration and Nationality 

Act. 

Section 545. A provision proposed by the Senate is continued 

and modified relating to the proper disposal of personal information collected through the Registered Traveler program. The House 

proposed a similar provision. 

Section 546. A provision proposed by the Senate is continued 

and made permanent regarding the definition of the term ‘‘rural’’ 

for purposes of section 210C of the Homeland Security Act of 2002. 

The House proposed no similar provision. 

Section 547. A provision proposed by the House and Senate is 

continued prohibiting funds appropriated or otherwise made available by this Act to pay for award or incentive fees for contractors 

with below satisfactory performance or performance that fails to 

meet the basic requirements of the contract. 

Section 548. A provision proposed by the House and Senate is 

included that requires the TSA Administrator to submit biannual 

reports on how the agency will meet the requirement to screen 100 

percent of air cargo transportation on passenger aircraft arriving in 

the United States. TSA has indicated they will not be able to meet 

the 9/11 Act deadline for this subset of air cargo. 

Section 549. A provision proposed by the House and Senate is 

included that requires any new processes developed to screen aviation passengers and crews for transportation or national security to 

consider privacy and civil liberties, consistent with applicable laws, 

regulations, and guidance. 

Section 550. A provision proposed by the Senate is included 

and modified pertaining to the construction of the National Bioand Agro-defense Facility in Manhattan, Kansas. The House proposed no similar provision. 

Section 551. A provision proposed by the House is included and 

modified that makes deposits into the Immigration Examinations 

Fee Account available to United States Citizenship and Immigration Services for the purposes of providing immigrant integration 

grants of $10,000,000 in fiscal year 2012. The Senate provided 

funding for this activity under the USCIS heading. 

Section 552. A provision proposed by the Senate is included 

and modified providing $7,500,000 for the Federal Emergency Management Agency to reimburse costs incurred by State and local governments affected by National Special Security Events, including 

use of services, personnel, equipment, and facilities. The House 

proposed no similar provision. 

Section 553. A provision proposed by the Senate is included 

providing some flexibility to the Department for financing a response to an immigration emergency, subject to notification. The 

House proposed no similar provision. 


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Section 554. A provision proposed by the Senate is included 

permitting administrative law judges to be available temporarily to 

serve on an arbitration panel as needed for cases related to Hurricanes Katrina and Rita. The House proposed no similar provision. 

Section 555. A provision proposed by the Senate is included 

prohibiting funds appropriated or otherwise made available by this 

Act for DHS to enter into a Federal contract unless the contract 

meets requirements of the Federal Property and Administrative 

Services Act of 1949 or Chapter 137 of title 10 U.S.C., and the Federal Acquisition Regulation, unless the contract is otherwise authorized by statute without regard to this section. The House proposed no similar provision. 

Section 556. A provision proposed by the Senate is included and modified providing $70,000,000 for data center migration activities to be allocated by the Secretary and allowing the Secretary 

to transfer data center migration funds made available by this Act 

between appropriations after notifying the Committees 15 days in 

advance. The House proposed no similar provision. 

Section 557. A provision proposed by the Senate is included 

and made permanent allowing the Advanced Training Center to 

charge fees for any service or thing of value it provides to the Federal Government or non-government entities or individuals, so long 

as the fee does not exceed the full costs associated with the service 

or thing of value. The House proposed no similar provision. 

Section 558. A provision proposed by the Senate is included relating to the sale of LORAN properties. The House proposed no 

similar provision. 

Section 559. A provision proposed by the Senate is included 

and modified permitting the Department to sell ICE-owned detention facilities and use the proceeds from any sale for improvement 

to other facilities provided that any such sale will not result in the 

maintenance of less than 34,000 detention beds. The House proposed no similar provision. 

Section 560. A provision proposed by the Senate is included 

providing a total of $55,979,000 for consolidation of the new DHS 

headquarters at St. Elizabeths and consolidation of mission support 

activities. The House proposed no similar provision. 

Section 561. A provision proposed by the House and Senate is 

included for fiscal year 2012 requiring that SAFER grants shall be 

used to retain firefighters, instead of only for increasing the number of firefighters. The provision also prohibits funds to be used to 

enforce certain requirements of the Federal Fire Prevention and 

Control Act of 1974 related to the program. 

Section 562. A provision proposed by the Senate is included for 

fiscal year 2011 requiring that Staffing for Adequate Fire and 

Emergency Response (SAFER) grants shall be used to retain firefighters, instead of only for increasing the number of firefighters. 

The provision also prohibits funds to be used to enforce certain requirements of the Federal Fire Prevention and Control Act of 1974 

related to the program. The House proposed no similar provision. 

Section 563. A provision proposed by the Senate is included 

pertaining to future spills of national significance and reimbursement for the Coast Guard. The House proposed no similar provision. 


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Section 564. A provision proposed by the Senate is included 

and modified to impose increased penalties on individuals who circumvent security screening at airports. The House proposed no 

similar provision. 

Section 565. A provision proposed by the Senate is included 

and modified related to recoupment of debts in cases where funds 

were distributed based on an error made by FEMA. The House proposed no similar provision. 

Section 566. A provision proposed by the Senate is included regarding reimbursement by FEMA of Small Business Administration Loans for eligible hazard mitigation activity. Execution of this 

authority shall not result in an individual being reimbursed more 

than once for the same mitigation activity. The House proposed no 

similar provision. 

Section 567. A provision proposed by the House is included and 

modified prohibiting availability of funds for the Association of 

Community Organizations for Reform Now (ACORN) and its affiliated organizations. The Senate proposed no similar provision. 

Section 568. A new provision is included requiring the Commissioner of CBP and the Assistant Secretary of ICE to submit 

multi-year investment and management plans for funds executed 

by their respective Offices of Information Technology. The House 

proposed similar provisions under the headings U.S. Customs and 

Border Protection ‘‘Automation Modernization,’’ and U.S. Immigration and Customs Enforcement ‘‘Automation Modernization.’’ 

Section 569. A new provision is included stating that the Secretary shall ensure enforcement of immigration laws. 

Section 570. A provision proposed by the House and Senate is 

included and modified rescinding unobligated balances made available to the Department when it was created in 2003. 

Section 571. A new provision is included rescinding unobligated balances in multiple appropriations across the Department, 

pursuant to section 505 of Public Law 112–10. 

Section 572. A provision is included rescinding unobligated balances of prior year appropriations in multiple appropriations across 

the Department. 

Section 573. A provision proposed by the House is continued 

and modified to extend the authorization of the National Flood Insurance Program until the earlier of the date of the enactment into 

law of an Act that specifically reauthorizes or extends the authorization of the program, or May 31, 2012. 

PROVISIONS NOT ADOPTED

The conference agreement does not include section 547 of the 

House bill rescinding $11,300,000 in unobligated balances from 

ICE, Construction. 

The conference agreement does not include section 558 of the 

Senate bill authorizing an increase to aviation security passenger 

fees for fiscal year 2012. 

The conference agreement does not include section 565 of the 

Senate bill making available an additional $18,300,000 until September 30, 2014, designated as emergency and offset by rescinding 

unobligated emergency balances, for Coast Guard to replace a rotary wing airframe. 


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The conference agreement does not include section 570 of the Senate bill rescinding $20,000,000 in unobligated prior year balances from S&T ‘‘Research, Development, Acquisitions, and Operations.’’ 

The conference agreement does not include section 601 of the House bill rescinding $500,000,000 from Department of Energy unobligated balances pursuant to section 129 of P.L. 110–329 and 

transfers $1,000,000,000 to FEMA Disaster Relief. 

The conference agreement does not include section 701 of the 

House bill prohibiting new budget authority from exceeding budget 

allocation. 

The conference agreement does not include section 702 of the 

House bill prohibiting use of funds in contravention of section 

642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. 

The conference agreement does not include section 703 of the 

House bill prohibiting use of funds to parole an alien or grant deferred action except on a case-by-case basis for urgent humanitarian reasons or significant public benefit. 

The conference agreement does not include section 704 of the 

House bill prohibiting use of funds to require TWIC applicants to 

appear at a designated enrollment center for issuance, renewal, or 

activation. 

The conference agreement does not include section 705 of the 

House bill prohibiting use of funds unless in accordance with Presidential Memorandum—Federal Fleet Performance (May 24, 2011). 

The conference agreement does not include section 706 of the 

House bill prohibiting use of funds in contravention of section 

44917 of 49 U.S.C. (pertaining to Federal Air Marshals). 

The conference agreement does not include section 707 of the 

House bill prohibiting use of funds for the DHS Climate Change 

Adaptation Task Force. 

The conference agreement does not include section 710 of the 

House bill prohibiting use of funds in contravention of section 

236(c) of the Immigration and Nationality Act. 

The conference agreement does not include section 711 of the 

House bill prohibiting use of funds for any political appointee to 

delay, vacate, or reverse a FOIA decision by a Privacy Office employee. 

The conference agreement does not include section 712 of the 

House bill prohibiting use of funds to implement a determination 

regarding transportation security officers and collective bargaining. 

The conference agreement does not include section 713 of the 

House bill prohibiting use of funds to implement any rule, regulation, or executive order regarding disclosure of political contributions. 

The conference agreement does not include section 714 of the 

House bill limiting TSA Aviation Security funding for screener personnel, compensation, and benefits. 

CONFERENCE RECOMMENDATIONS 

The conference agreement’s detailed funding recommendations, 

specified by program, project, and activity level, are contained in 

the table listed below. 


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DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 

2012 

The following statement is an explanation of the effects of Division E, which makes appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), the Forest Service, the Indian Health Service, and related agencies for fiscal year 

2012. Language contained in House Report 112–151 providing specific guidance to agencies regarding the administration of appropriated funds and any corresponding reporting requirements carries the same emphasis as the language included in this explanatory statement and should be complied with unless specifically addressed to the contrary herein. 

In instances where the House report speaks more broadly to 

policy issues or offers views that are subject to interpretation, such 

views remain those of the House and do not reflect the views of the 

conferees unless otherwise repeated in this statement. In cases 

where the House report or the statement of managers directs the 

submission of a report, such report is to be submitted to both the 

House and Senate Committees on Appropriations. Where this explanatory statement refers to the Committees or the Committees 

on Appropriations, unless otherwise noted, this reference is to the 

House Subcommittee on Interior, Environment and Related Agencies and the Senate Subcommittee on Interior, Environment and 

Related Agencies. 

The conferees expect that each department and agency funded 

in this Act will follow the directions set forth in this Act and the 

accompanying statement, and will not reallocate resources or reorganize activities except as provided herein or otherwise approved 

by the Committees through the reprogramming process as described in this report. Funding levels for appropriations by account, 

program, and activity, with comparisons to the fiscal year 2011 enacted level and the fiscal year 2012 budget request, can be found 

in the table at the end of this division. 

Unless expressly stated otherwise, any reference to ‘‘this Act’’ 

or ‘‘at the end of this statement’’ shall be treated as referring only 

to the provisions of this division. 

Oversight—The EPA, Forest Service, and Department of the 

Interior are directed to report to the Committee no later than 60 

days following enactment of this Act on steps taken to address 

management weaknesses and implement reforms identified by the 

Government Accountability Office (GAO) and each agency’s IG during House oversight hearings held on March 1, 2011 (Department 

of the Interior); March 2, 2011 (EPA); and March 10, 2011 (U.S. 

Forest Service). 

Making Litigation Costs Transparent—The EPA, Forest Service, and Department of the Interior are directed to provide to the 

House and Senate Committees on Appropriations, and make publicly available no later than 60 days after enactment, detailed 

Equal Access to Justice Act (EAJA) fee information as specified in 

House Report 112–151. 

Reprogramming Guidelines—The following are the procedures 

governing reprogramming actions for programs and activities fundVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01050 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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ed in the Department of the Interior, Environment and Related 

Agencies Appropriations Act. 

Definitions.—‘‘Reprogramming,’’ as defined in these procedures, 

includes the reallocation of funds from one budget activity, budget 

line-item or program area, to another within any appropriation 

funded in this Act. In cases where the House Committee report displays an allocation of an appropriation below that level, that more 

detailed level shall be the basis for reprogramming. 

For construction, land acquisition, and forest legacy accounts, 

a reprogramming constitutes the reallocation of funds, including 

unobligated balances, from one construction, land acquisition, or 

forest legacy project to another such project. 

A reprogramming shall also consist of any significant departure from the program described in the agency’s budget justifications. This includes proposed reorganizations, especially those of 

significant national or regional importance, even without a change 

in funding. Any change to the organization table presented in the 

budget justification shall be subject to this requirement. 

General Guidelines for Reprogramming.— 

(a) A reprogramming should be made only when an unforeseen 

situation arises, and then only if postponement of the project or the 

activity until the next appropriation year would result in actual 

loss or damage. 

(b) Any project or activity, which may be deferred through reprogramming, shall not later be accomplished by means of further 

reprogramming, but instead, funds should again be sought for the 

deferred project or activity through the regular appropriations process. 

(c) Except under the most urgent situations, reprogramming 

should not be employed to initiate new programs or increase allocations specifically denied or limited by Congress, or to decrease allocations specifically increased by the Congress. 

(d) Reprogramming proposals submitted to the House and Senate Committees on Appropriations for approval shall be considered 

approved 30 calendar days after receipt if the Committees have 

posed no objection. However, agencies will be expected to extend 

the approval deadline if specifically requested by either Committee. 

Criteria and Exceptions.—A reprogramming must be submitted 

to the Committees in writing prior to implementation if it exceeds 

$1,000,000 annually or results in an increase or decrease of more 

than 10 percent annually in affected programs, with the following 

exceptions: 

(a) With regard to the tribal priority allocations of the Bureau 

of Indian Affairs, there is no restriction on reprogrammings among 

these programs. However, the Bureau shall report on all 

reprogrammings made during a given fiscal year no later than 60 

days after the end of the fiscal year. 

(b) With regard to the EPA, State and Tribal Assistance 

Grants account, the Committee does not require reprogramming requests associated with States and Tribes Partnership Grants. 

Assessments.—‘‘Assessment’’ as defined in these procedures 

shall refer to any charges, reserves, or holdbacks applied to a budget activity or budget line item for costs associated with general 


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agency administrative costs, overhead costs, working capital expenses, or contingencies. 

(a) No assessment shall be levied against any program, budget 

activity, sub-activity, budget line item, or project funded by the Interior, Environment, and Related Agencies Appropriations Act unless such assessment and the basis therefore are presented to the 

Committees on Appropriations in the budget justifications and are 

subsequently approved by the Committees. The explanation for any 

assessment in the budget justification shall show the amount of the 

assessment, the activities assessed, and the purpose of the funds. 

(b) Proposed changes to estimated assessments, as such estimates were presented in annual budget justifications, shall be submitted through the reprogramming process and shall be subject to 

the same dollar and reporting criteria as any other reprogramming. 

(c) The conferees direct that each agency or bureau which utilizes assessments shall submit an annual report to the Committees 

which provides details on the use of all funds assessed from any 

other budget activity, line item, sub-activity, or project. 

(d) In no case shall contingency funds or assessments be used 

to finance projects and activities disapproved or limited by Congress, or to finance programs or activities that could be foreseen 

and included in the normal budget review process. 

(e) New programs requested in the budget should not be initiated before enactment of the bill without notification to, and the 

approval of, the Committees on Appropriations. This restriction applies to all such actions regardless of whether a formal reprogramming of funds is required to begin the program. 

Quarterly Reports.—All reprogrammings between budget activities, budget line-items, program areas, or the more detailed activity levels shown in the Statement of the Managers, including 

those below the monetary thresholds established above, shall be reported to the Committees within 60 days of the end of each quarter 

and shall include cumulative totals for each budget activity, budget 

line item, or construction, land acquisition, or forest legacy project. 

Land Acquisitions, Easements, and Forest Legacy.—Lands 

shall not be acquired for more than the approved appraised value 

(as addressed in section 301(3) of Public Law 91–646), unless such 

acquisitions are submitted to the Committees on Appropriations for 

approval in compliance with these procedures. 

Land Exchanges.—Land exchanges, wherein the estimated 

value of the Federal lands to be exchanged is greater than 

$1,000,000, shall not be consummated until the Committees have 

had a 30-day period in which to examine the proposed exchange. 

In addition, the Committees shall be provided advance notification 

of exchanges valued between $500,000 and $1,000,000. 

Budget Structure.—The budget activity or line item structure 

for any agency appropriation account shall not be altered without 

advance approval of the House and Senate Committees on Appropriations. 


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TITLE I—DEPARTMENT OF THE INTERIOR 

BUREAU OF LAND MANAGEMENT 

MANAGEMENT OF LANDS AND RESOURCES 

The bill provides $961,900,000 for Management of Lands and 

Resources. The conferees also provide the following directions: 

Wild Horse and Burro Management.—The bill provides $75,008,000 for wild horse and burro management. The Bureau of 

Land Management is encouraged to take all necessary steps to 

keep costs under control for this program. 

Range Management.—The bill increases funding to address numerous challenges including completion of grazing permit renewals; hiring of seasonal employees to ensure timely turn-out of livestock; annual and trend monitoring of grazing allotments; and improving the quality of Bureau work on environmental and other 

documents related to livestock grazing, among other range management activities. 

Native Plant Program.—The conferees are supportive of the 

Bureau of Land Management’s existing plant conservation and native plant materials program and expect the Bureau to continue to 

support a robust program through resources provided under various accounts, including land management, wildlife management 

and threatened/endangered species. 

Wildlife and Fisheries.—Funding is included throughout Bureau of Land Management line items for sage grouse habitat monitoring and updating Resource Management Plans to conserve the 

sage grouse. The Bureau should prioritize research related to 

White Nose Syndrome in bats and the inventory and monitoring of 

bat resources on Bureau-administered lands. 

Energy and Minerals.—The conferees are concerned by rising 

energy prices and believe domestic energy production must increase while also being mindful of the environment and other competing land uses. To better track royalty payments, the Department should consider integrating systems that would allow for remote monitoring and third party verification of Bureau production. 

The conferees recommend that the Bureau of Land Management 

continue its policy of keeping renewable energy projects off lands 

that were donated for conservation regardless of deed status. 

Resource Protection and Maintenance.—The bill provides $101,707,000 for resource protection and maintenance. Within resource management planning, the Bureau should allocate at least 

$5,000,000 toward revisions of the Resource Management Plans 

that contain sage grouse habitat. 

In coordination with the Desert Renewable Energy Conservation Plan process, the Secretary is instructed to complete a report 

evaluating the possible Solar Energy Study Areas in the West Mojave that respect designated off-road vehicle routes and provide the 

report to the Committee on Appropriations within ninety days of 

enactment of this Act. 

In the case of any land exchange involving public land carried 

out directly or through a third-party, the Bureau of Land Management is directed to provide written notice of the proposed land exchange to each owner of non-Federal land adjoining a parcel of 


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public land proposed for exchange and each owner of non-Federal 

land adjoining the non-Federal land proposed to be acquired in the 

exchange. The Secretary shall determine adjoining landowners 

using the most recent available tax records. 

CONSTRUCTION 

The bill provides $3,576,000 for Construction of which 

$2,019,000 is for line item projects. The amount provided will fully 

fund construction projects as prioritized by the Bureau pursuant to 

the Administration’s revised request list provided to the Committees on June 24, 2011. Requests for reprogramming will be considered pursuant to the guidelines in the front of this statement. 

LAND ACQUISITION 

The bill provides $22,380,000 for Land Acquisition, of which 

$1,880,000 is for Acquisition Management; $1,500,000 is for 

Inholdings, Emergencies, and Hardships; and $19,000,000 is for Acquisitions. 

This amount will fully fund projects 1 through 5 as prioritized 

by the Bureau pursuant to the Administration’s revised request list 

provided to the Committees on June 24, 2011. Requests for reprogramming will be considered pursuant to the guidelines in the 

front of this statement. 

OREGON AND CALIFORNIA GRANT LANDS

The bill provides $112,043,000 for Oregon and California Grant 

Lands. 

RANGE IMPROVEMENTS

The bill provides $10,000,000 to be derived from public lands 

receipts and Bankhead-Jones Farm Tenant Act lands grazing receipts. 

SERVICE CHARGES, DEPOSITS, AND FORFEITURES

The bill provides an indefinite appropriation estimated to be 

$32,125,000 for Service Charges, Deposits, and Forfeitures. 

MISCELLANEOUS TRUST FUNDS

The bill provides an indefinite appropriation estimated to be 

$19,700,000 for Miscellaneous Trust Funds. 

ADMINISTRATIVE PROVISIONS

The bill includes the administrative provisions as proposed by 

the conferees. 

UNITED STATES FISH AND WILDLIFE SERVICE

RESOURCE MANAGEMENT

The bill provides $1,228,142,000 for Resource Management. 

The detailed allocation of funding by activity and program element 

is included in the table at the end of this statement. The conferees 

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quest but have not provided requested funding increases for fixed 

costs or general program increases. In addition to the guidance and 

reporting requirements included in the House report, as noted in 

the front of this joint explanatory statement, the conference agreement includes the following directions: 

Ecosystem Initiatives.—The conferees are aware that the budget request includes new funding for a number of regional restoration initiatives, including the Chesapeake Bay, Gulf Coast, Bay 

Delta, and the Everglades. Due to funding limitations, the conferees are not able to include new funding for these initiatives 

within the program levels below. However, subject to reprogramming limitations, the conferees do not object to these initiatives 

being funded within the levels provided if the Service is able to 

identify funding offsets from lower priority items. 

Endangered Species.—The bill includes $176,237,000 for Endangered Species. Listing and Critical Habitat is funded at the fiscal year 2011 enacted level of $20,902,000; however, the conferees 

have agreed to combine the funding for activities within this program element in order to provide the Service with additional flexibility to target funding to its highest priorities. Consultation and 

HCPs are funded at $61,041,000, of which $2,000,000 is for renewable energy as requested. Recovery is funded at $82,939,000, of 

which $2,000,000 is for the declining species initiative instead of 

the requested $4,000,000. 

The conferees direct the Service to fund white nose syndrome research and response activities at no less than $4,000,000 from 

within Recovery. Funds should be used to: (1) increase research capacity to fund basic and applied research to stop the spread of the 

disease; (2) provide funding for States to implement response activities; and (3) increase FWS capacity for surveillance, monitoring 

and coordination activities. The conferees expect these activities to 

be coordinated with other Federal partners. The conferees direct the Service to provide $1,000,000 from 

within Recovery to reinstate a livestock loss demonstration program as authorized by Public Law 111–11. States with de-listed 

wolf populations shall continue to be eligible for funding, provided 

that those States continue to meet the eligibility criteria contained 

in Public Law 111–11. 

The conferees recommend that the Service and Federal action 

agencies take into account economic impacts when formulating actions and conducting all section 7 consultations pursuant to the 

Santa Ana Sucker Critical Habitat designation, to the extent authorized under the Endangered Species Act. The economic impacts 

to be considered by the Service and Federal action agencies should 

include the costs of local water supply development and imported 

water costs, infrastructure needs, water conservation efforts, and 

efforts to increase employment in the region affected by the Santa 

Ana Sucker Critical Habitat designation. 

The conferees are concerned that the Service’s region 6 has a 

backlog of Endangered Species Act section 7 consultations on longterm planning documents to assess grizzly bears, bull trout and 

their habitats. The conferees urge the Service to assign appropriate 

resources and staff, including filling any current vacancies, to support timely completion of those consultations. 


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Northern Rocky Mountain Multispecies Conservation Agreements Initiative.—The conferees recommend that the Fish and 

Wildlife Service convene a regional policy coordination and outreach effort to improve upon and increase the use of Endangered 

Species Act conservation agreements between the agency, the 

States, and private landowners. Nearly two-thirds of the nation’s 

land is privately owned, and the Service cannot accomplish its conservation goals without the help of private landowners. Conservation agreements between non-Federal landowners and the Service 

help to conserve listed or at-risk species while offering a level of 

protection from certain Endangered Species Act actions. The conferees recognize the challenges that private landowners often face 

when confronted with working with a Federal regulatory agency 

such as the Service, and believe that the States can play a strong 

intermediary role. The conferees recommend that the Service work 

with the northern Rocky Mountain States and a diverse coalition 

of private landowners to find innovative, multispecies, multi-partner approaches to utilizing conservation agreements that simplify 

the process for private landowners; that empower the States to 

work directly with private landowners to set up the agreements; 

and that recognize the Service’s final authority. The conferees request that the States and the coalition report to the Committees 

with recommendations as to how to improve upon and increase the 

use of conservation agreements. 

Habitat Conservation.—The bill provides $110,814,000 for 

Habitat Conservation. Partners for Fish and Wildlife is funded at 

$54,856,000, of which $6,000,000 is for the climate change initiative instead of the requested $8,000,000. Conservation Planning 

Assistance is funded at $35,837,000, of which $2,000,000 is for renewable energy as requested. 

In carrying out its renewable energy consultations, the conferees direct the Service to continue coordinating with other agencies within the Department of the Interior, as well as with the Department of Commerce, Department of Energy, and other Federal 

and State agencies, to ensure that the investments support the further development of the renewable energy industry, including the 

creation of an offshore wind manufacturing industry and related 

jobs in the United States. 

The conferees support the Secretary’s decision to establish an 

office that will be focused on Endangered Species Act compliance 

for renewable energy projects. In order to facilitate better species 

protection and stewardship of public resources, the conferees expect 

that this office will develop permitting policies that make it less 

difficult and time-consuming to permit projects on disturbed private lands than on pristine public lands. The conferees are aware 

that the Service has begun work on a rule under section 4(d) of the 

Endangered Species Act to address this concern, but the Service 

has not yet released a draft. The conferees expect the Service to 

publish its draft and final rules to address this issue during fiscal 

year 2012. The conferees are aware that the Service is exploring 

opportunities to expedite the permitting of renewable energy 

projects and support efforts by the Service to establish a pilot fee 

program using the Service’s existing authorities. The Service is expected to provide a report within 120 days of enactment of this Act 


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that details how and where the Service plans to institute fees in 

fiscal year 2012 to improve program delivery and customer service. 

National Wildlife Refuge System.—The bill includes 

$486,469,000 for the National Wildlife Refuge System. Wildlife and 

Habitat Management is funded at $223,797,000, of which 

$1,000,000 is for a pilot program to eradicate feral swine on national wildlife refuges; and $20,000,000 is for climate change inventory and monitoring, as requested. Conservation Planning is funded at $11,723,000, which is an increase of $3,440,000 above the request in order to maintain funding for land protection planning 

within this program element instead of within Land Acquisition, as 

was proposed. 

The conferees are concerned about particular restrictions on 

overnight houseboat accommodations at concessionaire-operated 

marinas. In keeping with Executive Order 12866, the conferees direct the Service to carefully consider the impact to concessionaires 

of such operational changes. 

The conferees are aware of local concerns regarding the implementation of certain management activities on the Willapa National Wildlife Refuge and direct the Service to postpone the implementation of those sections of the Final Comprehensive Conservation Plan and Environmental Impact Statement for the refuge that 

deal with the removal of the dikes at the Porter Point Unit, 

Reikkola Unit, and Lewis Unit of the refuge until at least April 1, 

2012, in order to give the Service more time to work with stakeholders to address the concerns. 

Migratory Birds, Law Enforcement and International Conservation.—The bill includes $126,769,000 for Migratory Birds, Law Enforcement, and International Conservation. Migratory Bird Management is funded at $51,535,000, which includes a decrease of 

$1,366,000 from the request for the North American Waterfowl 

Management Plan and a general program decrease of $1,522,000. 

Fisheries and Aquatic Resource Conservation.—The bill includes $135,534,000 for Fisheries and Aquatic Resource Conservation. National Fish Hatchery System Operations is funded at 

$46,149,000. The conferees have restored the proposed $3,388,000 

shortfall in the budget for mitigation hatchery operations and critical supplies. An additional $3,800,000 is appropriated elsewhere in 

this consolidated Act for the U.S. Army Corps of Engineers to reimburse the Service. Together, these amounts fully fund mitigation 

hatcheries operated by the Service for the Corps, Tennessee Valley 

Authority, Bureau of Reclamation’s Central Utah Project and the 

Bonneville Power Administration. The conferees support efforts by 

the Service to recover costs of programs that are conducted to mitigate the environmental effects of other Federal partners. However, 

future budget requests must ensure that Federal partners have 

committed to make sufficient funding available to reimburse the 

Service before the Service proposes to eliminate funding for mitigation hatcheries so that operations at these hatcheries are not disrupted. 

Aquatic Habitat and Species Conservation is funded at 

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sidered to be of highest risk, as called for in the February 2010 

Quagga-Zebra Mussel Action Plan for Western U.S. Waters. An additional $1,000,000 is included to continue and expand funding for 

the control and eradication of zebra and quagga mussels and other 

aquatic invasive species, including funding for State aquatic 

invasive species management plans. Also included is a $2,000,000 

increase above the fiscal year 2011 enacted level for Asian carp 

monitoring and eradication activities. 

Cooperative Landscape Conservation and Adaptive Science.— 

The bill includes $32,250,000 for Cooperative Landscape Conservation and Adaptive Science. The conferees recognize that fish and 

wildlife conservation organizations are facing increasingly complex 

ecological and fiscal challenges that require resource threats to be 

addressed in a more efficient and effective way. In light of these 

challenges, the Service has established a network of Landscape 

Conservation Cooperatives (LCCs) with other Federal, State, local 

and tribal partners to better leverage conservation resources and 

better prioritize and coordinate research and program delivery. The 

conferees support these efforts but also expect the Service to establish clear goals, objectives and measurable outcomes for LCCs that 

can be used as benchmarks of success of the program. Further, the 

conferees direct the Service to clearly articulate how it plans to integrate its LCCs with other successful regional partnerships, including its Joint Ventures and Fish Habitat Partnerships programs, as well as with other Federal and non-Federal partners, including the U.S. Geological Survey’s regional Climate Science Centers, the Cooperative Fish and Wildlife Research Units, and the Cooperative Ecosystem Studies Units. 

Bill Language.—The bill includes language to cap expenditures 

at $7,472,000 for critical habitat designations; $1,500,000 for listing 

species that are indigenous to the United States; and $1,500,000 

for listing foreign species. The bill includes language providing for 

fiscal year 2012 and hereafter: $400,000 for certain law enforcement activities; and $1,000,000 for certain environmental contaminant activities. 

CONSTRUCTION

The bill includes $23,088,000 for Construction, as requested, of 

which $12,149,000 is for line item projects. The amount provided 

will fully fund the projects as prioritized by the Service pursuant 

to the Administration’s revised request list provided to the Committees on June 24, 2011. Requests for reprogramming will be considered pursuant to the guidelines in the front of this statement. 

LAND ACQUISITION

The bill provides $54,720,000 for Land Acquisition. The conference agreement includes $5,000,000 for the Highlands Conservation Act; $10,555,000 for Acquisition Management; $2,000,000 for 

User Pay Cost Share; $2,500,000 for exchanges; $4,500,000 for 

Inholdings, Emergencies, and Hardships; and $30,165,000 for Acquisitions. The conferees have rejected the proposal to transfer 

land protection planning funds from the Resource Management account. 


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The amount provided for Acquisitions will fully fund projects 

1 through 13 as prioritized by the Service pursuant to the Administration’s revised request list provided to the Committees on June 

24, 2011. Requests for reprogramming will be considered pursuant 

to the guidelines in the front of this statement. 

The Secretaries of the Interior and Agriculture are directed to 

report to the Committees on Appropriations within 180 days of enactment of this Act on potential exchange proposals for approximately 1,700 acres currently managed by the U.S. Fish and Wildlife Service and generally depicted on a map titled ‘‘The Sharkey 

Restoration Research Site, Delta NF,’’ for lands of equal or approximate value managed by the U.S. Forest Service in Mississippi. 

Bill Language.—The bill includes language allowing the Service to fund limited administrative costs for the Highlands Conservation Act program administration. Also included is language 

providing that no funds appropriated for specific projects may be 

used for overhead, planning or other management costs. 

COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

The bill provides $47,757,000 for the Cooperative Endangered 

Species Conservation Fund. The detailed allocation of funding by 

activity is included in the table at the end of this statement. 

Bill Language.—The bill includes language deriving $22,757,000 from the Cooperative Endangered Species Conservation Fund and $25,000,000 from the Land and Water Conservation 

Fund. 

NATIONAL WILDLIFE REFUGE FUND

The bill provides $13,980,000 for payments to counties authorized by the National Wildlife Refuge Fund. 

NORTH AMERICAN WETLANDS CONSERVATION FUND

The bill provides $35,554,000 for the North American Wetlands 

Conservation Fund. 

NEOTROPICAL MIGRATORY BIRD CONSERVATION

The bill provides $3,792,000 for Neotropical Migratory Bird 

Conservation. 

MULTINATIONAL SPECIES CONSERVATION FUND

The bill provides $9,481,000 for the Multinational Species Conservation Fund. The detailed allocation of funding by activity is included in the table at the end of this statement. 

STATE AND TRIBAL WILDLIFE GRANTS

The bill provides $61,421,000 for State and Tribal Wildlife 

Grants, of which $51,405,000 is for State formula grants, 

$5,741,000 is for State competitive grants, and $4,275,000 is for 

tribal competitive grants. The Service is directed to report to the 

Committees within 90 days of enactment of this Act on the 

amounts of unobligated and reapportioned funds, by State and Territory, for fiscal years 2008, 2009, and 2010. The conferees encourage the Service and the program partners to complete the Wildlife 


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TRACS database so that the program can better demonstrate its 

ability to prevent at-risk species from having to be listed under the 

Endangered Species Act. 

Bill Language.—The bill includes language requiring a 25 percent non-Federal cost share for planning grants and a 35 percent 

non-Federal cost share for implementation grants. Bill language is 

included allowing unobligated balances to be reapportioned. 

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The bill provides $2,240,152,000 for the Operation of the National Park System account. 

Civil War Sesquicentennial.—In observances marking the 

150th anniversary of the Civil War, the Service is urged to recognize the historic, social, legal, racial, cultural and political forces 

that caused the Civil War and influenced its course and outcomes. 

Technical Assistance.—The Service is encouraged to support 

the effort of NPS retirees to provide volunteer technical assistance 

to national parks in other countries. 

Historic Leases.—The Service is encouraged to pursue the use 

of cost-effective, innovative solutions like historic leases when practical and when the arrangement comports with a park unit’s enabling legislation. 

Flight 93 Memorial.—The conferees remain firmly committed 

to the timely completion of the Flight 93 Memorial and direct the 

Service to devote the resources necessary to properly archive, maintain, and preserve the invaluable collections, including 50,000 personal tributes and 2,000 hours of audio interviews, associated with 

this memorial. 

National Capitol Area Performing Arts Program.—The conferees direct the Service to maintain funding for the National Capital Area Performing Arts Program and have included $612,000 for 

the summer concert series staged on the U.S. Capitol grounds. 

Cuyahoga Valley National Park.—The Service is encouraged to 

continue its work with surrounding communities to support the 

local road systems and establish maintenance priorities. 

Statue of Liberty and Martin Luther King, Jr. Memorial and 

Visitor Center.—The conferees have provided an increase of 

$1,100,000 as requested within Park Protection for additional Park 

Police protection at the Statue of Liberty and Martin Luther King, 

Jr. Memorial. 

Sequoia National Park.—The conference agreement does not 

include report language contained in the House report nor bill language proposed by the Senate directing the Department of the Interior to report on the methodology used in calculating hydropower 

fees on National Park Service lands. The conferees understand that 

this issue has been settled and the need for the report no longer 

exists. 

Delaware Water Gap National Recreation Area and Middle 

Delaware National Scenic and Recreational River, Appalachian National Scenic Trail.—The conferees are concerned about delays in 

completing an Environmental Impact Statement (EIS) announced 

by the National Park Service and the Department of the Interior 


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regarding improvement of electric transmission lines partially lying 

within the boundaries of the Delaware Water Gap National Recreation Area. The National Park Service and the Department are directed to adhere to the previously announced schedule and publish 

a final Record of Decision (ROD) by October of 2012. 

Historic Properties.—The conferees are concerned that a proposal to remove the Fresnel lens currently installed at the Block 

Island Southeast Lighthouse in Rhode Island will have an adverse 

impact on this historic property. As such, the conferees direct the 

Service to report to and consult with the Committees on Appropriations prior to facilitating the transfer of the lens or accepting the 

lens for display at any unit within the System. 

Point Reyes National Seashore.—The conferees are aware that 

the Service will shortly be issuing a Draft Environmental Impact 

Statement (DEIS) regarding a possible 10-year extension for oyster 

operations at Point Reyes National Seashore. Because of concerns 

relating to the validity of the science underlying the DEIS, the conferees direct the National Academy of Sciences to assess the data, 

analysis, and conclusions in the DEIS in order to ensure there is 

a solid scientific foundation for the Final Environmental Impact 

Statement expected in mid-2012. 

NATIONAL RECREATION AND PRESERVATION

The bill provides $59,975,000 for the National Recreation and 

Preservation account with the following specific directive: 

Heritage Partnership Program.—The bill provides an increase of $8,408,000 above the request to maintain funding at the fiscal 

year 2011 enacted level. 

HISTORIC PRESERVATION FUND

The bill provides $56,000,000 for the Historic Preservation 

Fund account with the following specific directive: 

State and Tribal Historic Preservation Offices.—The bill provides $47,000,000 for State Historic Preservation Offices and 

$9,000,000 for Tribal Historic Preservation Offices. 

CONSTRUCTION

(INCLUDING RESCISSION OF FUNDS)

The bill provides $159,621,000 for the Construction account. 

Line Item Construction. The bill provides $77,847,000 in funding for line item construction projects. The amount provided will 

fully fund NPS construction projects as prioritized by the Service 

pursuant to the Administration’s revised request list provided to 

the Committees on June 24, 2011. Requests for reprogramming will 

be considered pursuant to the guidelines in the front of this statement. 

Washington Monument Stabilization and Repair, National 

Capital Region.—The bill provides a total of $7,500,000 for the stabilization and repair of the Washington Monument. The conferees 

understand these funds will be matched on a 1:1 basis by a private 

citizen. The conferees have also included language allowing the National Park Service to enter into a single procurement for repairs 

to the Washington Monument. 


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Special Resource Studies.—The conferees urge the Service to 

complete previously authorized studies before initiating any new 

studies. 

LAND AND WATER CONSERVATION FUND

(RESCISSION)

The bill rescinds $30,000,000, as in previous years, in annual 

contract authority. There are no plans to use this authority in fiscal year 2012. 

LAND ACQUISITION AND STATE ASSISTANCE

The bill provides $102,060,000 for Land Acquisition and State 

Assistance, of which $9,000,000 is for the American Battlefield Protection Program; $9,500,000 is for Acquisition Management; 

$5,000,000 is for Inholdings and Exchanges; $3,000,000 is for 

Emergencies and Hardships; and $30,560,000 is for Federal Acquisitions. The State Assistance Grant Program is funded at 

$45,000,000, of which $2,794,000 is for Administrative Expenses. 

The amount provided for Federal Acquisitions will fully fund 

the first two projects as prioritized by the Service pursuant to the 

Administration’s revised request list provided to the Committees on 

June 24, 2011. Requests for reprogramming will be considered pursuant to the guidelines in the front of this statement. 

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

The bill provides $1,069,744,000 for Surveys, Investigations, 

and Research of the U.S. Geological Survey. The detailed allocation 

of funding by activity and sub-activity is included in the table at 

the end of this statement and comports with the requested budget 

structure realignment. Unless otherwise indicated below, the conferees have accepted the proposals for reductions resulting from 

Department-wide efficiencies, administrative savings, and Enterprise Publishing Network savings. A decrease of $2,172,000 to the 

request has been assumed to reflect changes in the final fiscal year 

2011 operating plan, which was not available at the time the request was submitted. Support for ecosystem restoration activities 

throughout the Survey’s programs is maintained at the fiscal year 

2011 enacted level. Additional changes to the request are specified 

below. 

Ecosystems.—The bill provides $161,536,000 for Ecosystems activities. Increases above the enacted level include $1,500,000 for 

The Chesapeake Bay Executive Order and $2,500,000 for the Great 

Lakes Asian Carp Control Framework. The conferees support the 

President’s budget proposal to conduct an in-depth analysis of the 

extent and sources of endocrine disrupting chemicals impacting fish 

and wildlife in the Chesapeake basin. 

Climate and Land Use Change.—The bill provides 

$144,320,000 for Climate and Land Use Change programs. Within 

Climate Variability, changes to the request include decreases of 

$2,000,000 from Research and Development, and $6,460,000 from 


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Science Support for DOI Bureaus. Carbon Sequestration is funded 

at $9,000,000. 

Within Land Use Change, an increase of $11,500,000 is provided to complete funding for Landsat 8 ground operations development. The conferees have not agreed with the proposal to create a 

separate ‘‘Land Imaging’’ account and have instead maintained 

funding for all satellite operations within this subactivity. Estimated administrative savings assumed in the proposed new account have been assumed within the Land Use Change account instead. 

The conferees have not agreed to transfer budgetary authority 

for the launch of Landsat satellites 9 and 10 from the National 

Aeronautics and Space Administration to the Survey. Of the requested $48,000,000 increase for its implementation, the conferees 

have provided $2,000,000 for program development only. The conferees note that future requests for the project are estimated by the 

Administration to escalate to over $400,000,000 by fiscal year 2014. 

There is little doubt that resources will not be available within the 

Interior Appropriations bill to support these very large increases 

without decimating all other Survey programs. The conferees note 

that the launch of Landsat 9 is not scheduled until 2018. This allows time in the year ahead for all interested parties to re-examine 

how to proceed with future Landsat missions. In the conferees’ 

view this would be a prudent step, inasmuch as the current budget 

proposal is based on a report from the Office of Science and Technology Policy issued in 2008, and both technological advances and 

a vastly different economic environment may point to other, less 

costly, options for obtaining Landsat data. 

Energy, Minerals, and Environmental Health.—The bill pro- vides $96,368,000 for Energy, Minerals, and Environmental 

Health. The following amounts have been restored to ongoing programs that were proposed to be reduced in the request: $250,000 

for the Minerals External Research Program; $5,000,000 for Minerals Resources; $1,000,000 for Energy Resources; $500,000 for 

Contaminants; and $2,500,000 for Toxic Substances Hydrology. An 

increase of $1,000,000 is provided for the New Energy Frontier initiative. 

Natural Hazards.—The bill provides $134,696,000 for Natural 

Hazards. The conferees have not agreed to proposed reductions in 

the request and have restored funds to the following programs: 

$2,000,000 for Earthquake Grants; $1,800,000 for the 2012 MultiHazards Initiative; and $1,500,000 for the National Volcano Early 

Warning System. Decreases from the request include $800,000 

from the 2011 Multi-Hazards Initiative, and $3,000,000 from 

Coastal and Marine Spatial Planning. 

Water Resources.—The bill provides $214,996,000 for Water 

Resources. Funding has been restored for the following programs 

that were proposed to be reduced in the request: $2,000,000 for 

Groundwater Resources; $6,049,000 for the National Water Quality 

Assessment Program; $1,963,000 for the Cooperative Water Program; and $6,500,000 for the Water Resources Research Act Program. A program increase of $2,846,000 above the request is provided for the National Streamflow Information Program. Decreases 

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tive within Hydrologic Networks and Analysis. The conferees encourage the Survey to include with its fiscal year 2013 budget request a proposal to establish a national groundwater monitoring 

network as authorized by the Secure Water Act. 

Core Science Systems.—The bill provides $106,849,000 for Core 

Science Systems. Increases to the request include $998,000 for the 

National Geological and Geophysical Data Preservation Program to 

continue funding at the current year enacted level, and $1,500,000 

for National Cooperative Geologic Mapping Federal and State Partnerships to partially restore the proposed reduction to that program. Decreases from the request include $500,000 from 

WaterSMART. 

Administration and Enterprise Information.—The bill provides 

$110,397,000 for Administration and Enterprise Information. There 

is a decrease from the request of $5,920,000 for separation costs. 

This amount is significantly below what the Survey would need to 

implement its proposed reduction in force. If a similar plan is put 

forward in future budget requests, the conferees expect that sufficient funds will be requested for its implementation. 

Facilities.—The bill provides $100,582,000 for Facilities. The 

conferees do not agree with the administration’s proposal to create 

a separate ‘‘Construction’’ line item within the budget and consequently have maintained those funds within the ‘‘Deferred Maintenance and Capital Improvement’’ subactivity. In the conferees’ 

view, the Survey has the authorities it requires to manage its facilities and space requirements within the current structure. 

BUREAU OF OCEAN ENERGY MANAGEMENT

OCEAN ENERGY MANAGEMENT

The bill provides $59,792,000 for Ocean Energy Management 

to be partially offset with the collection of offsetting rental receipts 

and cost recovery fees totaling $101,082,000. This new account 

funds the activities of the Bureau of Ocean Energy Management, 

including leasing, environmental studies, economic analysis and 

the Renewable Energy Program. The conferees also provide the following directions: 

Renewable Energy.—The bill provides $22,697,000 for renewable energy leasing activities, including program development, environmental analysis, consultation with Federal, State, and local 

stakeholders, and development of a multipurpose marine cadastre. 

The Director should work with the Secretary of Energy and States 

to exchange information about the development of new technology 

related to the structural material, environmental, and design safety 

criteria, as well as design and performance standards, of transitional depth and floating wind turbines. The Bureau is expected to 

continue working with coastal States and other stakeholders to 

study new wind energy areas, including in shallow, transitional, 

and deep (over 200 feet) waters. 

Conventional Energy.—The bill provides $47,283,000 for conventional oil and gas leasing activities, including planning of the 

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ministering leases, and reviewing exploration and development 

plans. 

Environmental Assessment—The bill provides $62,041,000 for 

environmental assessment activities. 

The Bureau is encouraged to continue its efforts in working 

with partners to collect information about methane hydrates on the 

sea floor and the relationships between gas hydrates and episodes 

of sediment instability that may pose a threat to the petroleum industry’s infrastructure and safety of operations. 

Bill Language.—The bill includes in Title IV a general provision that amends Sec. 328 of the Clean Air Act (42 U.S.C. 

7627(a)(1)) to transfer air quality permitting authority, as of the 

date of enactment of this Act, from the Environmental Protection 

Agency to the Department of the Interior, giving regulatory parity 

for the Beaufort and Chukchi Sea planning areas with the Western 

and Central Gulf of Mexico planning areas. Paragraph (c) ensures 

that this change in the issuance and administration of air quality 

requirements will not invalidate or stay any permit, or proceeding 

related thereto, which is existing or pending as of the date of enactment of this Act. 

BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

The bill provides $61,473,000 for Offshore Safety and Environmental Enforcement to be partially offset with the collection of offsetting rental receipts, cost recovery fees and inspection fees totaling $121,081,000. The conferees also provide the following directions: 

Funding has been increased with the expectation that muchneeded inspectors and engineers will be hired and that permits will 

be processed expeditiously. The highest priority for BSEE with the 

funding appropriated is ensuring safety and prompt consideration 

of permits. Appropriated dollars should not be used for expanding 

regulation of non-lease holders, with the exception of those involved 

in the Deepwater Horizon accident, unless approved through reprogramming pursuant to the guidelines in the front of this statement. 

Environmental Enforcement.—The bill provides $4,110,000 for 

environmental enforcement actions, as requested. Activities include 

environmental compliance activities related to issuing permits associated with plans, inspections of environmental measures and enforcement of incidences of noncompliance, and monitoring industry 

compliance with mitigation and other environmental requirements 

through office and field inspections. With the additional resources 

provided, applications for permits to drill should be processed with 

all due speed. 

Operations, Safety, and Regulation.—The bill provides 

$132,139,000 for operations, safety, and regulation. 

Inspection Fees.—The bill includes in Title IV a general provision that provides for the collection of $62,000,000 in inspection 

fees. 

Bill Language.—The bill includes new language requiring that 

at least fifty percent of collected inspection fees are dedicated to 


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mission related costs including the review of applications for permits to drill. 

The report requested in House Report 112–151 on Deepwater 

Horizon recommendations is no longer required. 

OIL SPILL RESEARCH

The bill provides $14,923,000 for Oil Spill Research. 

OFFICE OF SURFACE MINING RECLAMATION AND 

ENFORCEMENT 

REGULATION AND TECHNOLOGY

The bill provides $122,950,000 for Regulation and Technology. 

Within this amount, the bill funds regulatory grants at 

$68,700,000, equal to the fiscal year 2011 enacted level. The conferees find the proposal to reduce regulatory grants would undermine the State-based regulatory system. It is imperative that 

States continue to operate protective regulatory programs as delegation of authority to the States is the cornerstone of the surface 

mining regulatory program. Further, the conference agreement 

does not provide funds to expand and enhance Federal oversight 

activities of State programs. 

On October 26, 2011 the Secretary of the Interior issued an 

order to consolidate the Office of Surface Mining (OSM) within the 

Bureau of Land Management (BLM). The conferees are deeply concerned about the lack of coordination and consultation prior to the 

issuance of this order. Subsequently, the Department of the Interior initiated discussions with employees, Members of Congress, 

and stakeholders. Significant issues have been identified with this 

proposed reorganization, including questions of the wisdom of attempting to combine statutorily created agencies that have responsibilities in law that cannot be combined with or transferred to another agency. The conferees are aware that on November 28, 2011, 

the Secretary suspended the effective date of his directive in order 

to gather further information on this potential restructuring. The 

conferees expect the Department to enhance its consultation and 

coordination with employees, Members of Congress and stakeholders on this matter and to consult with the appropriate committees of jurisdiction before any final decisions are made. 

ABANDONED MINE RECLAMATION FUND 

The bill provides $27,443,000 for the Abandoned Mine Reclamation Fund. 

BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN 

EDUCATION 

OPERATION OF INDIAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $2,371,532,000 for the Operation of Indian 

Programs. The detailed allocation of funding by program area and 

activity is included in the table at the end of the statement. Specific changes to the request and direction are the following: 


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Tribal Government.—The bill provides $520,163,000 for Tribal 

Government. Contract Support Costs are funded at the fiscal year 

2011 enacted level of $219,560,000. Small and Needy Tribes are 

funded at $1,950,000. 

Human Services.—The bill provides $136,579,000 for Human Services. Social Services are funded at $34,379,000. 

Trust—Natural Resources Management.—The bill provides $157,496,000 for Trust—Natural Resources Management. Rights 

Protection Implementation is funded at $29,022,000, and the Tribal 

Management/Development Program is funded at $7,717,000; increases to the fiscal year 2011 enacted level should be distributed 

proportionally across all program elements within these two subactivities. Forestry is funded at $43,644,000. Water Resources is 

funded at $10,150,000. Fish, Wildlife, and Parks is funded at 

$11,340,000. 

Trust—Real Estate Services.—The bill provides $126,963,000 

for Trust—Real Estate Services. Trust Services—General is funded 

at $11,000,000. The increase above the request is for continued implementation of the Klamath Basin Restoration Agreement. 

Education.—The bill provides $796,753,000 for Education. Elementary and Secondary Programs (Forward Funded) are funded at 

$523,083,000, of which $391,333,000 is for ISEP Formula Funds; 

$5,286,000 is for ISEP Program Adjustments; $12,051,000 is for 

Education Program Enhancements; $52,716,000 is for Student 

Transportation; $15,370,000 is for Early Childhood Development; 

and $46,327,000 is for Administrative Cost Grants. Post-Secondary 

Programs (Forward Funded) are funded at $67,401,000. Post-Secondary Programs are funded at $61,533,000, of which $18,527,000 

is for Haskell and SIPI—an increase of $1,153,000 over the request 

that is to be divided proportionally between the two schools. 

Public Safety and Justice.—The bill provides $346,778,000 for Public Safety and Justice, an increase of $12,688,000 above the fiscal year 2011 enacted level. Law Enforcement is funded at 

$322,460,000, of which $185,315,000 is for Criminal Investigations 

and Police Services; and $81,941,000 is for Detention/Corrections. 

The requested increase for Conservation Law Enforcement is not 

agreed to. 

Indian Employment, Training and Related Services.—The bill 

does not include section 430 of the House bill pertaining to Indian 

employment, training, and related services pursuant to Public Law 

102–477. This provision was intended to block the Administration 

from continuing with new, unauthorized and retroactive policies 

which run counter to how ‘‘477’’ funds have been transferred to 

tribal governments and how funds have been audited since the program’s inception 19 years ago. The conferees have dropped this provision in order to give the Administration time to honor its recent 

commitments to suspend new policies while working with Tribes to 

find alternative solutions. 

The conferees understand that recent Administration commitments to the Tribes and the Congress include but are not limited 

to the following: that it has engaged the Tribes in a new consultative process to address agency and tribal concerns; that it has 

halted any effort to alter the manner and conditions under which 

‘‘477’’ funds have historically been transferred to Tribes; that it has 


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indefinitely suspended its 2009 supplemental audit requirements 

for any ‘‘477’’ program audits, covering fiscal years 2009 through 

2012, that were not completed on or before September 30, 2011; 

and that annual ‘‘477’’ program audits will continue to comply with 

the Single Audit Act of 1984. 

The conferees expect the Administration to consult with Tribes 

on a government-to-government basis, and to only proceed with improvements that reflect general consensus among the impacted 

Tribes and agencies. The P.L. 102–477 Tribal Work Group shall be 

consulted on the precise content of all guidance documents and 

similar issuances prior to their finalization. The House and Senate 

Appropriations Committees will be closely monitoring the progress 

of the consultation process, and will expect regular updates from 

the Administration. If issues concerning the transfer and audit of 

‘‘477’’ funds are not permanently resolved administratively, the 

Committees intend to address this issue in the fiscal year 2013 

process. 

Other Matters.—The conferees are aware of a lack of local support for two recent off-reservation gaming projects in Yuba, California, and Madera, California, which received Secretarial Determinations on September 1, 2010. The evidentiary record provided 

by the Bureau of Indian Affairs indicates that only two of the 33 

elected officials or bodies that were consulted on these projects expressed support for them. The conferees are also concerned that in 

one case, the Department appears to have largely ignored a popular vote which indicated a majority of the county was opposed to 

the construction of a casino on the site which was approved by the 

Department. Therefore, the conferees direct the Secretary to review 

these applications to verify the claim of ‘‘strong local support’’ and 

report those findings to the Committees within 60 days of enactment of this Act. 

CONSTRUCTION 

(INCLUDING TRANSFER OF FUNDS)

The bill provides $123,828,000 for Construction. The detailed 

allocation of funding by program area and activity is included in 

the table at the end of the statement. Specific changes to the request are the following: 

Education.—The bill provides $70,940,000 for Education. Replacement Schools are funded at $17,836,000, which funds the next 

school on the 2004 priority list. Facilities Improvement and Repair 

is funded at $48,669,000. 

INDIAN LAND AND WATER CLAIM SETTLEMENTS AND 

MISCELLANEOUS PAYMENTS TO INDIANS 

The bill provides $32,855,000 for Indian Land and Water 

Claim Settlements and Miscellaneous Payments to Indians, as requested. The detailed allocation of funding by subactivity and program element is included in the table at the end of the statement. 


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INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 

The bill provides $7,114,000 for the Indian Guaranteed Loan Program Account, an increase of $4,000,000 above the request. The 

conferees are aware that there is strong interest among tribally 

owned construction contractors to have the Bureau of Indian Affairs offer supplemental surety bond guarantees in an effort to increase economic opportunity in Indian county, particularly in the 

construction trades. In an effort to begin to respond to this interest, 

the conferees request that the Bureau present a plan within 90 

days of enactment of this Act detailing the need for such supplemental surety bond guarantees, how the Bureau would implement 

such a program, whether or not the Bureau currently has the personnel to implement such authorities, and an analysis of how much 

additional activity would be generated through the offering of supplemental surety bond guarantees. 

DEPARTMENTAL OFFICES 

OFFICE OF THE SECRETARY

DEPARTMENTAL OPERATIONS

The bill provides $262,317,000 for Departmental Offices, Office 

of the Secretary, Departmental Operations. 

The bill includes the proposed restructuring of Departmental 

Offices, reflecting the incorporation of the Office of Natural Resources Revenue (ONRR) and alignment of the budget with the Department’s organization. The increase over the fiscal year 2011 enacted level reflects the move of the ONRR from the former Minerals Management Service. The conferees direct the Department to 

continue providing the Committees with the level of budget detail 

that has historically been provided (at the office level). Further, the 

Department is directed to provide to the Committees within 120 

days of enactment of this Act a report on the organization, funding, 

staffing, and status of reforms with the ONRR. 

The conferees direct the Department to work collaboratively 

with interested parties, including the Congress, States, local communities, Tribal governments and others in making national monument designations. 

INSULAR AFFAIRS 

ASSISTANCE TO TERRITORIES

The bill provides $87,997,000 for Assistance to Territories. 

Within that amount, the bill provides the requested increase for 

staffing, which shall be used by the Department to fill positions at 

current Office of Insular Affairs locations rather than at a new location as proposed in the request. At least one of the positions shall 

be dedicated to working on Compact impact issues as detailed 

below. Within the resources provided, the conferees urge the Secretary to fill the current staffing vacancy in the Federated States 

of Micronesia. 

The bill includes $3,000,000 for insular community infrastructure improvements including $791,000 for water infrastructure 

projects and $2,209,000 for the Empowering Insular Communities 


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initiative. That amount includes the proposed funding levels for 

Guam infrastructure and $1,089,000 for sustainable energy strategies projects that will reduce the islands’ over-dependence on imported oil and high electricity prices. Projects shall be chosen based 

on plans specific to each jurisdiction and which are developed and 

approved in conjunction with the Department of Energy and island 

stakeholders, with priority given to energy efficiency projects that 

result in immediate energy savings. The Department is directed to 

report annually to Congress on the status of activities funded 

under this program, including data on oil savings and utility rates. 

The bill also provides $5,000,000 to fund discretionary grants 

to jurisdictions that are affected by Compact migration, as authorized by section 104(e) of Public Law 108–188. The Department 

shall allocate these grants in conjunction with other currently authorized mandatory grants to help offset educational costs incurred 

by these jurisdictions. The Department is directed to follow the 

guidance detailed in Senate Report 112–74 related to the Compact 

of Free Association agreements with the governments of the Federated States of Micronesia [FSM], the Republic of the Marshall Islands [RMI], and the Republic of Palau. The Department shall also 

meet regularly with officials from the Freely Associated States, 

other Federal agencies and affected jurisdictions, and develop and 

implement a comprehensive plan to mitigate the costs of Compact 

migration within 90 days of enactment of this Act. This plan shall 

establish specific goals and action items that include: (1) expanding 

the education of migrants and potential migrants in order to reinforce that the primary purpose of the Compact migration benefit is 

to provide educational and employment opportunities to FAS citizens, not for migrants to develop an over-reliance on public services; (2) improving FAS capacity to provide dialysis and other medical services to prevent citizens from needing to seek treatment 

abroad; and (3) improving screening procedures to identify and restrict migration of individuals who have communicable diseases or 

who have been convicted of serious crimes. The Department is directed to monitor the progress of meeting these goals and action 

items and report to Congress every 6 months. The Department is 

also directed to ensure that the new position dedicated to Compact 

impact issues will work closely with officials of Compact nations, 

other Federal areas and affected areas to implement Compact impact priorities identified in the plan detailed above. 

The conferees urge the Department to continue funding for the 

Commonwealth of the Northern Marianas Islands Initiative on 

Labor, Immigration and Law Enforcement at no less than the enacted level. 

COMPACT OF FREE ASSOCIATION 

The bill provides $17,318,000 which includes $3,318,000 for obligations related to the Compact of Free Association. The conferees 

have also included language in the Title I general provisions section to extend the eligibility for the Republic of Palau to receive 

Federal aid while a new Compact of Free Association is enacted by 

Congress. The amount provided is equal to the fiscal year 2011 appropriation. 


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ADMINISTRATIVE PROVISIONS 

(INCLUDING TRANSFER OF FUNDS)

The bill does not include the requested language that would 

provide the Secretary with new authority to redistribute capital improvement funds in fiscal year 2012. The conferees are similarly focused on the slow spending rates in the territories and urge all territories to increase expenditure of previously awarded funds. The 

conferees intend to revisit the issue in fiscal year 2013 if expenditure rates have not substantially increased. 

OFFICE OF THE SOLICITOR 

SALARIES AND EXPENSES

The bill provides $66,296,000 for the Office of the Solicitor, including the requested increase for the Department’s ethics office. 

OFFICE OF INSPECTOR GENERAL 

SALARIES AND EXPENSES

The bill provides $49,471,000 for the Office of Inspector General. The detailed allocation of funding by program and activity is 

included in the table at the end of the statement. 

OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN 

INDIANS 

FEDERAL TRUST PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The bill provides $152,319,000 for the Office of the Special 

Trustee for American Indians, as requested. 

Bill Language.—The bill includes language, as in previous 

years, limiting the amount of funding that can be used for historical accounting. 

DEPARTMENT-WIDE PROGRAMS 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)

The bill provides $566,495,000 for Department of the Interior 

Wildland Fire Management. The Department is directed to use 

$189,577,000 in carryover emergency fire suppression funds before 

obligating fiscal year 2012 suppression funds. The bill includes a 

rescission of $82,000,000 in suppression carry-over funds. The 

amount provided, combined with $92,000,000 in the FLAME Wildfire Suppression Reserve Fund, fully funds the Department’s 10- 

year average expenditure for fire suppression. The bill also terminates the Rural Fire Assistance program. The detailed allocation of 

funding for these accounts is included in the table at the end of 

this statement. The conferees also provide the following directions: 

The Department is directed to complete an assessment of all 

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fective and efficient means of providing comprehensive fire management services in support of Department and bureau missions 

and to better direct scarce resources from duplicative administrative management organizations. As provided in the House Report, 

the Department is directed to report to the Committees on Appropriations no later than 180 days after enactment of this Act. 

The Department is directed to remove the requirement that 

ninety percent of hazardous fuels funding be spent in the Wildland 

Urban Interface and instead the conferees direct hazardous fuels 

funding be spent on the highest priority projects in the highest priority areas. The Department must also work more closely with the 

Forest Service in developing a strategy for the replacement of the 

current air tanker fleet. 

To reduce the cost of fighting fires in Alaska caused by transporting crews from the continental United States, the Office of 

Wildland Fire Coordination and the Bureau of Land Management 

are strongly encouraged to develop a program to train crews in 

Alaska, particularly the existing native crews that might not now 

be qualified as type I or type II wildland firefighting crews. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND 

(INCLUDING TRANSFER OF FUNDS)

The bill provides $92,000,000 for the FLAME Wildfire Suppression Reserve Fund. 

CENTRAL HAZARDOUS MATERIALS FUND 

The bill provides $10,149,000 for the Central Hazardous Materials Fund. 

NATURAL RESOURCE DAMAGE ASSESSMENT AND 

RESTORATION 

NATURAL RESOURCE DAMAGE ASSESSMENT FUND

The bill provides $6,263,000 for the Natural Resource Damage 

Assessment Fund. The detailed allocation of funding by activity is 

included in the table at the end of this statement. The conferees 

are aware that the program is conducting an internal review of the 

status of restoration funds and options for enhanced implementation of restoration projects. The conferees direct the program to report back to the Committees upon completion of this review. 

WORKING CAPITAL FUND 

The bill provides $62,019,000 for the Department of the Interior, Working Capital Fund. The conferees have included 

$52,019,000 for the Financial and Business Management System 

(FBMS). The bill also provides $5,000,000 as requested to support 

the Department’s ongoing IT transformation. Further, the bill provides $2,500,000 for the Department’s effort to identify operating 

efficiencies and achieve savings across bureaus through consolidation of services, facilities, and infrastructure. Lastly, the bill provides $2,500,000 for training, recruitment, retention, and hiring of 

the acquisition workforce. 


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GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 

(INCLUDING TRANSFERS OF FUNDS)

The conferees have included various legislative provisions affecting the Department in Title I of the bill, ‘‘General Provisions, 

Department of the Interior’’. Several of these provisions have been 

carried in previous years and others are newly proposed this year. 

The provisions are: 

Section 101 provides Secretarial authority for the intra-bureau 

transfer of program funds for expenditures in cases of emergencies 

when all other emergency funds are exhausted. 

Section 102 provides for the Department-wide expenditure or 

transfer of funds by the Secretary in the event of actual or potential emergencies including forest fires, range fires, earthquakes, 

floods, volcanic eruptions, storms, oil spills, grasshopper and Mormon cricket outbreaks, and surface mine reclamation emergencies. 

Section 103 provides for the use of appropriated funds by the 

Secretary for contracts, rental cars and aircraft, telephone expenses, and other certain services. 

Section 104 provides for the transfer of funds from the Bureau 

of Indian Affairs or the Office of Special Trustee for American Indians. 

Section 105 permits the redistribution of tribal priority allocation and tribal base funds to alleviate funding inequities. 

Section 106 permits the Secretary to pay private attorney fees 

for employees and former employees in connection with Cobell v. 

Salazar. 

Section 107 provides authority to the National Park Service to 

implement modifications to restoration efforts of the Everglades 

ecosystem. 

Section 108 authorizes the acquisition of lands for the purpose 

of operating and maintaining facilities that support visitors to 

Ellis, Governors, and Liberty Islands. 

Section 109 establishes Outer Continental Shelf inspection fees 

to be collected by the Secretary of the Interior. 

Section 110 authorizes the Bureau of Land Management to establish an oil and gas Internet leasing program. 

Section 111 extends the authority of the Department to hire 

Indian probate judges. 

Section 112 authorizes the Secretary of the Interior to implement the reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement in conformance with Committee 

reprogramming guidelines. 

Section 113 allows the Bureau of Indian Education to utilize 

funds recovered from grants or ISDA contracts to Tribes upon reassumption of school operations by the Bureau. 

Section 114 provides the Secretary of the Interior with authority to enter into multi-year cooperative agreements with non-profit 

organizations for long-term care of wild horses and burros. 

Section 115 provides the Secretary of the Interior statutory authority to enter into rental or lease agreements that benefit Bureau 

of Indian Education operated schools. 


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Section 116 extends for one year existing authority of the Department of the Interior to efficiently manage construction and 

land acquisition projects. 

Section 117 addresses the U.S. Fish and Wildlife Service’s responsibilities for mass marking of salmonid stocks. 

Section 118 directs the Secretary of the Interior to make certain certifications with respect to existing rights of way. The section also retains a provision limiting funding for a proposal to approve specified rights-of-way on the Mojave National Preserve or 

lands managed by the Needles Field Office of the Bureau of Land 

Management. 

Section 119 address a matter of jurisdiction between the National Park Service and the Coast Guard relating to boater safety 

checks on the Yukon River within the Yukon-Charley National Preserve. 

Section 120 extends authorization for certain payments to the 

Republic of Palau for fiscal year 2012. 

Section 121 provides the Secretary of the Interior certain hiring authorities. 

Section 122 addresses BLM actions regarding grazing on public 

lands. 

Section 123 provides for the trailing of livestock across public 

lands through fiscal year 2013. 

Section 124 allows the Department of the Interior to lease certain lands within Fort Pulaski National Monument. 

Section 125 continues a provision prohibiting funds to implement, administer, or enforce Secretarial Order 3310 issued by the 

Secretary of the Interior on December 22, 2010. 

TITLE II 

ENVIRONMENTAL PROTECTION AGENCY 

Budget Restructuring.—The conferees note that the Agency has 

proposed major changes to its budget structure in order to better 

align program goals and outcomes. The conferees have accepted the 

proposed budget restructuring, as reflected in the program levels 

below. 

Congressional Budget Justification.—In addition to the three 

directives provided in the fiscal year 2010 House report 111–80, the 

conferees direct the Agency to include in future Justifications: a 

comprehensive, detailed explanation of all changes within a program project; a table showing consolidations, realignments or other 

transfers of resources and personnel from one program project to 

another such that the outgoing and receiving program projects offset and clearly illustrate a transfer of resources; and, a table listing 

the budgets and FTE by major office within each National Program 

Management area with pay/non-pay breakouts. The conferees note 

that the Congressional Justification includes the bill language for 

each account. The conferees direct the Agency to highlight and explain any changes to the proposed bill language in the Congressional Justification. 

Reprogramming.—The Agency is held to the reprogramming 

limitation of $1,000,000 and should continue to follow the reprogramming directives as provided in the fiscal year 2010 House 


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report 111–80. Further, the Agency may not use any amount of 

deobligated funds to initiate a new program, office, or initiative, 

without the prior approval of the Committees. The conferees note 

that the Agency’s reprogramming procedures allow the Agency to 

seek funding to implement its highest-priority items if it identifies 

offsetting funding reductions during the fiscal year, provided those 

offsets are not taken from program increases that have specifically 

been provided herein. 

Within 30 days of enactment of this Act, the Agency is directed 

to submit to the House and Senate Committees on Appropriations 

its annual operating plan for FY 2012, which shall include detail 

on how the Agency plans to allocate funds at the program project 

level. 

SCIENCE AND TECHNOLOGY 

The bill provides $795,000,000 for Science and Technology pro- grams and transfers $23,016,000 from the Hazardous Substance 

Superfund account to this account. The bill provides the following 

specific funding levels and direction: 

Clean Air and Climate.—The bill provides $124,576,000 which includes a $1,000,000 increase for the fuel standards program. 

Operations and Administration.—The bill provides $72,137,000 

for Operations and Administration. 

Research: Air, Climate, and Energy.—The bill provides $99,000,000. Within the amount provided, the bill includes 

$78,649,000 for Research: Clear Air, $18,305,000 for Research: 

Global Change and, $2,047,000 for Research: Air, Climate, and Energy (Other). The bill does not provide the requested $3,000,000 increase for air toxics monitors. 

Research: Chemical Safety and Sustainability.—The bill pro- vides $131,498,000 for Research: Chemical Safety and Sustainability. No new funds have been provided for the requested green 

chemistry or e-waste initiatives. 

Research: National Priorities.—The bill provides $5,000,000 

which shall be used for extramural research grants to fund highpriority water quality and availability research by not-for-profit organizations who often partner with the Agency. Funds shall be 

awarded competitively with priority given to partners proposing research of national scope and who provide a 10 percent match, 

which may include in-kind contributions. The Agency is directed to 

allocate funds to grantees within 180 days of enactment of this Act. 

Research: Safe and Sustainable Water Resources.—The bill provides $113,654,000. Within the amount provided, the hydraulic 

fracturing study is funded at the requested amount, and $8,500,000 

is provided for green infrastructure research. 

Research: Sustainable and Healthy Communities.—The bill 

provides $171,026,000, as requested. The conferees note that 

$2,000,000 has been provided within this amount as requested to 

fund a long-term evaluation of the Agency’s laboratory network to 

ensure that the current organization matches the Agency’s strategic needs. The conferees continue to support the Agency’s space 

strategy efforts, including those options that could lead to further 

efficiencies and potential reductions to the Agency’s real property 

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velopment (ORD) to institute efficiency improvements that will result in long term savings using the amounts provided. 

Additional Guidance.—The conferees include the following additional guidance with respect to funding provided under this account: 

Biocrude Research.—The conferees encourage the Agency to 

work with its university partners to research the potential for producing biocrude from wastewater treatment plants that allow the 

production of renewable fuels through traditional petroleum refining techniques. 

Integrated Risk Information System (IRIS).—In lieu of the directives contained in H. Rept. 112–151 regarding the Integrated 

Risk Information System, the conferees agree to the following: 

(1) Fundamental improvements to the policies and practices of 

this program are necessary to ensure that IRIS assessments reflect 

the highest standard of scientific inquiry. 

(2) The Agency shall incorporate, as appropriate, based on 

chemical-specific datasets and biological effects, the recommendations of Chapter 7 of the National Research Council’s Review of the 

Environmental Protection Agency’s Draft IRIS Assessment of 

Formaldehyde into the IRIS process. 

(3) The Agency shall issue a progress report to House and Senate Committees on Appropriations and relevant Congressional authorizing committees no later than March 1, 2012, describing its 

implementation of the National Research Council’s Chapter 7 recommendations for ongoing and new assessments. 

(4) For draft assessments released in fiscal year 2012, the 

Agency shall include documentation describing how the Chapter 7 

recommendations of the National Academy of Sciences (NAS) have 

been implemented or addressed, including an explanation for why 

certain recommendations were not incorporated. 

(5) The Agency shall contract with NAS to conduct up to three 

reviews of IRIS assessments that EPA seeks to make final. Reviews shall include an evaluation of whether the recommendations 

it made in previous reviews, including in Chapter 7 of the National 

Research Council’s Review of the Environmental Protection Agency’s Draft IRIS Assessment of Formaldehyde, have been implemented. Reviews are not intended to unduly delay the Agency’s 

risk assessment process. The conferees further direct NAS to complete any reviews authorized by this paragraph by no later than 18 

months after the date that EPA and the NAS have agreed to the 

terms of the review. One of these NAS reviews shall be a study of 

the cancer and non-cancer hazards from oral exposure to inorganic 

arsenic. The NAS review of inorganic arsenic shall incorporate the 

direction provided in House Report 112–151 regarding parameters 

of the study. Additional reviews will be chosen by NAS from a representational sample of IRIS assessments and NAS will notify Congress directly of these choices. 

(6) Further, the conferees strongly believe any current and future IRIS assessments must not only be grounded in sound, objective, and peer-reviewed science and methodologies but should also 

provide risk managers with realistic values that will result in enhanced protection of human health. 


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ENVIRONMENTAL PROGRAMS AND MANAGEMENT 

The bill provides $2,682,514,000 for Environmental Programs 

and Management and includes following specific funding levels and 

direction: 

Brownfields.—The bill provides $23,680,000 and funds the 

Smart Growth program as requested. 

Clean Air and Climate.—The bill provides $286,568,000. Within this amount the bill provides $99,642,000 for the Climate Protection Program. 

The conferees believe EPA may not rely on broad user fee authority as the basis for charging Energy Star fees and therefore 

lacks such authority. If EPA wishes to collect user fees to offset the 

costs of the program, such fees should be tied to increased performance or service-related goals, and the Administration should send 

a legislative proposal to the committees of jurisdiction for consideration in the same manner as they have requested for the electronic 

manifest system and pesticide user fees. 

The conferees note that the SmartWay transportation program 

has successfully established a partnership among government, 

businesses, and consumers to reduce fuel consumption and improve 

air quality and supports a robust funding level. 

The bill provides $27,343,000 for Federal Stationary Source 

Regulations. From within this amount, EPA is directed to spend 

$5,412,000 on New Source Performance Standards. The conferees 

note that the Administration delayed the issuance of new Ozone 

NAAQS as urged by House Report 112–151. 

The bill provides $123,666,000 for Federal Support for Air 

Quality Management. EPA is directed to spend $3,408,000 of this 

amount on greenhouse gas permitting of stationary sources. No 

new funds have been provided for requested compliance monitoring 

activities. 

Lastly, the bill provides $5,578,000 for Stratospheric Ozone. 

The conferees direct that $1,000,000 shall be for the Sunwise program. Other than provided herein, the agreement does not include 

further directives regarding allocation of funds for Clean Air and 

Climate programs, but instead directs the Agency to submit an allocation of funds at the program project level as part of the operating plan. 

Enforcement.—The bill provides $249,965,000 for enforcement 

activities, with funding for environmental justice maintained at the 

fiscal year 2011 enacted level. The agreement does not include further directives regarding allocation of funds but instead directs the 

Agency to submit an allocation of funds at the program project 

level as part of the operating plan. 

Environmental Protection: National Priorities.—The bill provides $15,000,000 for a competitive grant program to provide rural 

and urban communities with technical assistance to improve water 

quality and provide safe drinking water. EPA shall award grants 

on a competitive basis and give priority to not-for-profit organizations that: conduct activities that are national in scope; can provide 

a 10 percent match, including in-kind contributions; and are supported by a majority of small community water systems, currently 

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vide assistance to private well owners. The Agency is directed to 

allocate funds to grantees within 180 days of enactment of this Act. 

Geographic Programs.—The bill provides $410,375,000, as distributed in the table at the end of this division. No funds have been 

provided for the proposed Mississippi River program or to continue 

the Community Action for a Renewed Environment program. The 

bill includes the following direction: 

Great Lakes Restoration Initiative.—The bill provides $300,000,000 and EPA shall follow the direction provided in House 

Report 112–151 for fiscal year 2012. EPA may distribute the funds 

provided among the five focus areas but shall not spend less than 

the fiscal year 2011 enacted level for Toxic Substances and Areas 

of Concern and for the Invasive Species focus areas. The conferees 

direct the agency to provide a revised spending plan for the Great 

Lakes program that includes funding levels for the five focus areas 

at the same time the Agency submits its operating plan. Once submitted, changes to the funding amounts for the focus areas are subject to a reprogramming threshold of $5,000,000, and the Agency 

is further directed to report quarterly to the Committees on Appropriations on changes below the threshold. 

Chesapeake Bay.—The conference agreement includes $57,391,000 for the Chesapeake Bay program. Within the amount 

provided, $8,000,000 is for nutrient and sediment removal grants 

and $2,000,000 is for small watershed grants. The conferees do not 

provide additional directives regarding the allocation of funds for 

this program but instead direct the Agency to report a proposed allocation of the remaining funds as part of its operating plan. EPA 

is further directed to support the local government study through 

the small watershed grant program as discussed in House Report 

112–151. 

Puget Sound.—The bill provides $30,000,000 to manage and 

implement Washington State’s Puget Sound Action agenda, an approved Comprehensive Conservation and Management Plan 

(CCMP) under Section 320 of the Clean Water Act. The conferees 

direct that funding to restore Puget Sound be allocated consistent 

with the near-term priorities established in the CCMP and the existing Lead Organization and Tribal capacity agreements funded in 

prior years. EPA is directed to expeditiously obligate funds, in a 

manner consistent with the authority and responsibilities under 

Section 320 and the National Estuary Program. Not more than 4 

percent shall be used for EPA intramural costs to manage the cooperative and interagency agreements to restore and protect Puget 

Sound. 

Information Exchange.—The bill provides $130,896,000 for the 

Information Exchange program. From within this amount, 

$3,285,000 has been provided for the Administrator’s Immediate 

Office. Funding for Children and Other Sensitive Populations and 

for Environmental Education programs shall be maintained at the 

enacted level. The agreement does not include further directives regarding allocation of funds or FTE but instead directs the Agency 

to submit an allocation of funds at the program project level as 

part of the operating plan. 

International Programs.—The bill provides $17,632,000 for 

international programs. The agreement does not include further diVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01078 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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rectives regarding allocation of funds but instead directs the Agency to submit an allocation of funds at the program project level as 

part of the operating plan. 

Legal/Science/Regulatory/Economic Review.—The bill provides $110,946,000 and maintains the enacted level for the 

SmartGrowth program. The bill provides no more than $15,286,000 

for Regulatory/Economic Management and Analysis. The agreement does not include further directives regarding allocation of 

funds but instead directs the Agency to submit an allocation of 

funds at the program project level as part of the operating plan. 

Operations and Administration.—The bill provides 

$487,880,000, including requested funding for rent, security and 

utilities. The agreement does not include further directives regarding allocation of funds but instead directs the Agency to submit an 

allocation of funds at the program project level as part of the operating plan. 

Resource Conservation and Recovery Act.—The bill provides 

$112,643,000 for the RCRA program. The bill does not provide the 

$2,000,000 request to develop the e-manifest system despite the 

conferees’ strong support for the establishment of this system because EPA lacks the legal authority to collect user fees to offset 

system costs as expressed in the House report. 

Water: Ecosystems.—The bill provides $48,257,000 for Water: 

Ecosystems. Within this amount the bill provides the requested 

amount for the National Estuary Program and Section 320 grants. 

The bill provides $21,199,000 for the Wetlands program and eliminates previously reprogrammed funds for work on the Enhanced 

Coordination Procedures with the Army Corps of Engineers, and 

the Office of Surface Mining. The conferees have not included bill 

language addressing the enhanced coordination procedures given 

the U.S. District Court’s recent ruling that set aside the procedures. 

Water: Human Health Protection.—The bill provides 

$101,256,000 and directs the reduction below the fiscal year 2011 

enacted level to the drinking water regulatory program. The agreement does not include further directives regarding allocation of 

funds but instead directs the Agency to submit an allocation of 

funds at the program project level as part of the operating plan. 

Water Quality Protection.—The bill provides $217,101,000, of 

which up to $4,738,000 is for the urban waters program. The agreement does not include further directives regarding allocation of 

funds but instead directs the Agency to submit an allocation of 

funds at the program project level as part of the operating plan. 

Additional Guidance.—The conferees include the following additional guidance with respect to funding provided under this account: 

Administrator Priorities.—Funding for Administrator priorities 

shall not exceed the fiscal year 2011 enacted level. The conferees 

direct the Agency to submit a report within 90 days of enactment 

that identifies how the fiscal year 2010 and 2011 funding was used, 

by account, program area and program project and include a description of the activities and any anticipated results. Future congressional justifications should identify funding in each program 


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project that has been set aside for Administrator priorities, and include a justification for the effort and any anticipated results. 

Arsenic Reporting.—Not later than 180 days after the date of 

enactment of this Act, the Agency is directed to: (1) Promptly submit to Congress an overdue report—requested as part of the Consolidated Appropriations Act, 2005 (P.L. 108–447)—on the extent to 

which communities are being affected by the arsenic rule, and proposing compliance alternatives and making recommendations to 

minimize costs; (2) convene a working group composed of representatives from States, small publicly owned water systems, local public health officials, drinking water consumers and treatment manufacturers to provide input and recommendations on barriers to the 

use of point-of-use and point-of-entry treatment units, package 

plants, (including water bottled by the public water system), and 

modular units, as well as alternative affordability criteria that give 

extra weight to small, rural, and lower income communities, and 

(3) based upon input from the working group submit to the Committees a report on actions to make alternative compliance methods (such as point of use, point of entry and package plants) more 

accessible to water systems and a report on alternative affordability criteria. 

Boiler MACT.—The conferees are encouraged by the outcome 

of EPA’s reconsideration of the Boiler MACT rule and offer no directives regarding Boiler MACT standards. The proposed rule addresses substantive concerns by including additional flexibility with 

respect to compliance costs, and a biomass exemption. 

Eastern Long Island Sound Supplemental Environmental Impact Study.—The conferees are concerned by the lack of progress 

at the Agency in completing a Supplemental Environmental Impact 

Statement for eastern Long Island Sound, which has been slated 

since 2002 and is necessary to ensure that significant military installations do not lose access to dredged disposal sites. The conferees direct the Agency to submit a report no later than 90 days 

after enactment of this Act outlining its plan to carry out the Supplemental Environmental Impact Statement for the eastern Long 

Island Sound, including the possible use of existing appropriated 

funds to begin the study. The conferees also urge the Agency to 

work collaboratively with appropriate stakeholders, including the 

Army Corps of Engineers and State partners, to expeditiously determine a dredging solution for eastern Long Island Sound. 

Economic Analysis of Reciprocating Engine Rule.—The conferees are aware that EPA has initiated a reconsideration process 

which the conferees expect will address the concerns expressed in 

House Report 112–151. Amendments to the reciprocating engine 

rule are expected in early 2012. The conferees fully expect that 

EPA will include an analysis of the economic impacts of the rule 

on small government jurisdictions per the direction in the House 

report. Therefore the bill does not provide a directive to initiate a 

separate analysis of the economic impacts of the rule on small government jurisdictions within 60 days of enactment of this Act. 

Personnel and Full Time Equivalents.—While the statement 

does not cap FTE levels for EPA, the conferees do not expect EPA’s 

actual utilization levels will exceed the 2010 utilization levels given 

that EPA’s 2012 budget has been reduced. The conferees remain 


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concerned about the growing disparity between regional and headquarters personnel as well as how EPA develops its personnel requests in its annual budget proposal. 

Recycling Programs.—The conferees direct that the Agency 

submit the report requested in House Report 112–151 within 90 

days of enactment of this Act. 

Refrigerant Gas Containers.—Within 90 days of enactment of 

this Act, the conferees direct the agency to initiate a study on the 

environmental impacts of using disposable containers to transport 

and store refrigerant gasses, compared to refillable containers, and 

to submit the study to the House and Senate Committees on Appropriations upon completion. 

Regional Haze.—States have raised legitimate concerns about 

the costs and compliance deadlines within EPA federal implementation plans to address regional haze issues. The Clean Air Act offers substantial flexibility with regard to how States may choose to 

mitigate regional haze impacts. The conferees are aware that EPA 

released a court-ordered schedule for finalizing Regional haze rules 

in November 2011. Therefore, the agreement does not include the 

specific directives contained in House Report 112–151 but instead 

directs EPA to work with the States as partners in order to resolve 

compliance and cost differences while adhering to the schedule. 

Southern New England Estuaries.—The conferees recommend 

that the Agency convene and lead a comprehensive regional policy 

coordination and outreach effort to protect, enhance, and restore 

the coastal watersheds of southern New England. No entity or consortium exists to meet these challenges, and there is an urgent and 

immediate need for such an effort. For example, in Rhode Island’s 

Narragansett Bay, there are documented extensive areas of pollution severely degrading fish and wildlife habitat and water quality; 

problems that are compounded by the effects of warmer water temperatures and milder winters. The conferees recommend that EPA 

establish goals for the regional effort, emphasizing water quality 

and habitat restoration as well as the development and implementation of innovative technologies to meet these challenges and create jobs. The effort should provide for streamlined interagency communication, and involve an inclusive stakeholder process. Specifically, EPA should collaborate with State agencies as well as other 

Federal partners such as the National Oceanic and Atmospheric 

Administration, the U.S. Fish and Wildlife Service, U.S. Geological 

Survey, Natural Resources Conservation Service, and the Small 

Business Administration. The Agency should also include stakeholders from local governments and agencies, non-governmental organizations, and academic institutions. The conferees also recommend that the Agency, through this regional effort, facilitate the 

development of strategies to restore and protect the southern New 

England Estuaries. 

OFFICE OF INSPECTOR GENERAL 

The bill provides $42,000,000 for the Office of Inspector General. The conferees appreciate the value of a robust Inspector General and expect the same level of effort as in fiscal year 2011 within the funding provided. The funding level reflects the high unobligated balances that remain in this account and the Inspector GenVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01081 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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eral should utilize previously appropriated funds first in fiscal year 

2012. 

BUILDINGS AND FACILITIES 

The bill provides $36,428,000 for Buildings and Facilities, 

equal to the fiscal year 2011 enacted level. 

HAZARDOUS SUBSTANCE SUPERFUND 

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $1,215,753,000 for the Hazardous Substance 

Superfund account, and includes bill language to transfer 

$9,955,000 to the Inspector General account and $23,016,000 to the 

Science and Technology account. Due to budget constraints, the 

conferees have reluctantly proposed general program reductions to 

the Superfund emergency response and removal and remedial programs, as detailed below. The bill provides the following additional 

direction: 

Enforcement.—The bill provides $187,033,000 for Superfund 

Enforcement. 

Operations and Administration.—The bill provides 

$135,969,000 for Superfund Operations and Administration. The 

agreement does not include further directives regarding allocation 

of funds but instead directs the Agency to submit an allocation of 

funds at the program project level as part of the operating plan. 

Superfund Cleanup.—The bill provides $789,180,000 for Superfund Cleanup, of which $189,895,000 is for Superfund: Emergency 

Response and Removal and $565,922,000 is for Superfund: Remedial. The conferees expect that future budget requests will propose 

a higher percentage of cleanup funding as part of the total request 

in addition to proposing funding sufficient to meet program goals, 

such as increasing the number of annual ‘‘construction completes’’ 

and more importantly ‘‘sites made ready for reuse’’. The conferees 

direct the Inspector General to report to the Committees on Appropriations within 90 days of enactment of this Act on current agency 

efforts to strengthen Superfund contracting controls to prevent future waste, fraud and abuse. 

Financial Assurance.—In lieu of the directives contained in H. 

Rept. 112–151 regarding financial assurance requirements, the conferees direct the Administrator to collect and analyze information 

from the commercial insurance and financial industries regarding 

the use and availability of necessary instruments (including surety 

bonds, letters of credit, and insurance) for meeting any new financial responsibility requirements and to make that analysis available to the House and Senate Committees on Appropriations and 

to the general public on the Agency website 90 days prior to proposing any rule pursuant to section 108(b) of the Comprehensive 

Environmental Response, Compensation, and Liability Act of 1980 

(42 U.S.C. 9608(b)). 

Special Accounts.—The conferees direct EPA to follow the language in House Report 112–151 with respect to managing the unobligated balances in the Superfund special accounts. 


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LEAKING UNDERGROUND STORAGE TANK TRUST FUND 

PROGRAM 

The bill provides $104,309,000 for the Leaking Underground 

Storage Tank Trust Fund Program. 

INLAND OIL SPILL PROGRAMS 

The bill provides $18,274,000 for Inland Oil Spill Programs. 

STATE AND TRIBAL ASSISTANCE GRANTS 

The bill provides $3,618,727,000 for the State and Tribal Assistance Grants (STAG) program and includes the following specific 

funding levels and direction: 

Infrastructure Assistance.—The bill provides $2,528,169,000 for infrastructure assistance, including $1,468,806,000 for the Clean 

Water State Revolving Fund and $919,363,000 for the Drinking 

Water State Revolving Fund. The amount provided for the Clean 

Water State Revolving Fund program will fund approximately 473 

new wastewater projects nationwide and more than 81,000 jobs 

when combined with state matching funds and leverage capabilities, according to Agency estimates. Amounts provided for the 

Drinking Water State Revolving Funds program will fund approximately 353 new drinking water projects nationwide and more than 

50,000 jobs when combined with state matching and leveraged 

funds. 

The conferees do not direct EPA to submit a report on water 

rates requested in the House report. However, the conferees direct 

the Agency to report on how EPA and the States have used the additional subsidization authority including information on the number and amounts of loans awarded with additional subsidization, 

recipient communities, and descriptions of projects funded. 

Alaska Native Villages.—The bill provides $10,000,000 as requested. 

Brownfields.—The bill provides $95,000,000 for the 

Brownfields program. 

Diesel Emissions Reduction Act (DERA) Grants.—The bill pro- vides $30,000,000 as the conferees do not agree with the proposal 

to terminate the DERA grants. 

Mexico Border.—The bill provides $5,000,000 for the Mexico 

border program. 

Categorical Grants.—The bill provides $1,090,558,000 for Categorical Grants and funding levels are specified in the table at the 

end of this division. This amount includes $164,757,000 for 

nonpoint source grants as requested. The amount also includes 

$236,107,000 for the State and Local Air Quality Management 

grant program, and the conferees direct EPA to allocate funds for 

this program using the same formula as fiscal year 2011. 

Bill Language.—The bill includes modified language specifying 

amounts made available under the state revolving fund programs 

for additional subsidization, and amounts made available for the 

green infrastructure reserve in the Clean Water State Revolving 

Fund program. The bill does not provide the requested mandatory 

set-aside for green infrastructure projects within the Drinking 

Water State Revolving Fund program but does include language alVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01083 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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lowing States to continue to fund these types of projects at their 

discretion. 

ADMINISTRATIVE PROVISIONS, ENVIRONMENTAL 

PROTECTION AGENCY 

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The bill rescinds $50,000,000 from specific unobligated balances. Modified bill language has been included to provide specific 

wage rate requirements for the Clean Water and Drinking Water 

State Revolving funds. 

Oil Spill Transfer Authority.—The bill includes modified transfer authority language that allows the Agency to meet its obligations to pay contractors responding to inland oil spills. The conferees have included this language for fiscal year 2012 only. The 

conferees strongly urge EPA, in conjunction with the Office of Management and Budget, to propose a more appropriate legislative fix 

if the Administration is unable to process routine transfers from 

the Oil Spill Trust Fund in a timely fashion. The conferees support 

the approach discussed in the House report to be a more permanent solution. 

TITLE III—RELATED AGENCIES 

DEPARTMENT OF AGRICULTURE

FOREST SERVICE 

FOREST AND RANGELAND RESEARCH

The bill provides $295,773,000 for Forest and Rangeland Research. The conferees also provide the following directions: 

The agreement does not specify allocations for individual research facilities. The conferees encourage the Forest Products Laboratory, as part of the Department of Agriculture’s effort to promote and use wood products as a green building material, to invest 

in wood products life cycle assessment research to improve our understanding of the environmental and economic implications of 

using wood in building construction. 

The Forest Service is commended for its localized needs research and is directed to expand this research in support of project 

development on national forests. The Forest Service should 

prioritize research related to White Nose Syndrome as well as inventory and monitoring of bat resources on Forest Service lands. 

The Service is expected to continue ongoing urban natural resources stewardship research and should produce a joint report 

with the Department of Energy on the role that this work can play 

in helping reduce the urban heat island effect, as well as reduce 

the energy demand to cool buildings. 

STATE AND PRIVATE FORESTRY

The bill provides $253,331,000 for State and Private Forestry. 

The conferees also provide the following directions: 

Within six months of enactment of this Act, the Forest Service 

is directed to develop a process in consultation with State foresters 


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that considers State Assessments and Strategies in the annual 

budget for Cooperative Forestry Assistance Act (CFAA) programs, 

and to develop a process allowing State foresters flexibility, with 

appropriate accountability, to reallocate a percentage of authorizations for CFAA programs to address State priorities consistent with 

the State Assessments and Strategies. 

Forest Legacy.—The bill provides $53,388,000 for the Forest Legacy program. This includes $6,628,000 for program administration, $2,500,000 for new State startups, and $44,260,000 for forest 

legacy projects. The Service should fund projects in priority order 

according to their competitively selected national priority list for 

fiscal year 2012. 

NATIONAL FOREST SYSTEM

The bill provides $1,556,628,000 for the National Forest System. The agreement includes a proof of concept pilot for Integrated 

Resource Restoration (IRR). The conferees also provide the following directions: 

Land Management Planning.—The bill provides $40,000,000 

for land management planning. The agreement does not approve 

the consolidation of this line item with the Inventory and Monitoring line item. The Planning Rule should provide for a cost-effective and timely process for forest plan revisions. 

Inventory and Monitoring.—The bill provides $161,980,000 for 

inventory and monitoring. The Forest Service is encouraged to allocate more funding towards monitoring of grazing allotments and 

work with State agencies, universities, professional societies and 

other USDA agencies, such as the Natural Resources Conservation 

Service, to efficiently and effectively increase allotment monitoring. 

Recreation, Heritage, and Wilderness.—The bill provides $281,627,000 for recreation, heritage and wilderness programs. In 

place of House direction on the travel management rule, the Forest 

Service is encouraged to revise travel management plans where 

significant issues have arisen and resolve the Maintenance Level– 

3 road problem in Region 5. The agreement does not provide direction on the Wyoming Wilderness Act. 

Grazing Management.—The bill provides $55,445,000 for the 

grazing management program. The conferees are concerned that 

the best science should be used in making decisions concerning 

grazing on the Dakota Prairie Grasslands. Currently, North Dakota State University is conducting research that should benefit 

the agency in making these determinations. The agency is strongly 

encouraged to work cooperatively with the university and utilize its 

research to the extent practicable, to better inform its grazing management decisions. 

Forest Products.—The bill provides $336,049,000 for the forest 

products program. The Forest Service is directed to improve the 

health and resilience of national forests and through these efforts, 

work to achieve three billion board feet of timber sold. The conferees note that over the last ten years, the timber supply in Region 10 has been constrained to less than 10 percent of the allowable sale quantity in the current land management plan. The Forest Service is encouraged to prepare and offer, within three years, 

the four 10-year timber sales as previously indicated. 


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Vegetation and Watershed Management.—The bill provides 

$184,341,000 for vegetation and watershed management activities. 

The Service is strongly encouraged to provide sufficient resources 

for leafy spurge eradication. 

Wildlife and Fish Habitat Management.—The bill provides 

$140,260,000 for wildlife and fish habitat management activities. 

Collaborative Forest Landscape Restoration.—The bill provides 

$40,000,000 for the Collaborative Forest Landscape Restoration 

Fund. 

Minerals and Geology Management.—The bill provides 

$83,560,000 for minerals and geology management activities. 

The Service should implement the recommendations included 

in the report, ‘‘Assessing the Potential for Renewable Energy on 

National Forest System Lands’’ and initiate a planning process for 

a renewable energy development program and, where appropriate, 

apply guidelines already developed by the Bureau of Land Management. 

Landownership Management.—The bill provides $85,875,000 

for landownership management activities. In the case of any land 

exchange involving National Forest System land carried out directly or through a third-party, the Forest Service is directed to 

provide written notice of the proposed land exchange to each owner 

of non-Federal land adjoining a parcel of National Forest System 

land proposed for exchange and each owner of non-Federal land adjoining the non-Federal land proposed to be acquired in the exchange. The Secretary shall determine adjoining landowners using 

the most recent available tax records. 

Integrated Resource Restoration.—The conferees have agreed to 

the House proposal to allow the Administration to conduct an Integrated Resource Restoration pilot in Regions 1, 3, and 4. Within 90 

days of enactment of this Act, the Forest Service should present a 

plan and guidance to the pilot regions for measuring performance 

and accountability. The plan and guidance should ensure program 

transparency, monitoring, fair allocation of funding, a consistent 

approach across the three regions, and that restoration is the primary goal of any projects funded through the pilot. The plan should 

also include traditional measures, such as timber targets and acres 

treated, while also including new measures such as watershed condition framework. 

CAPITAL IMPROVEMENT AND MAINTENANCE

(INCLUDING TRANSFER OF FUNDS)

The bill provides $394,721,000 for capital improvement and 

maintenance programs offset by a $12,000,000 scoring credit related to the road and trail fund. The conferees also provide the following directions: 

Facilities.—The bill provides $75,785,000 for facilities including $13,124,000 for construction and $62,661,000 for maintenance. 

For future year planning, the Forest Service should include both 

new construction and maintenance in its list of major facilities 

projects based on its facility master plans and the most efficient 

use of taxpayer dollars. 


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Roads.—The bill provides $182,818,000 for roads including 

$27,327,000 for construction and $155,491,000 for maintenance. 

Trails.—The bill provides $81,982,000 for trails including 

$63,422,000 for maintenance and $18,560,000 for construction. 

Legacy Roads.—The bill provides $45,000,000 for the legacy 

roads and trails program. The agreement retains this program 

within Capital Improvement and Maintenance. The Forest Service 

should report on the jobs associated with this program and publicly 

post this information. 

Back-country airstrips.—In place of the reporting requirements 

in the House Report for back-country airstrips, within one year 

after the date of enactment of this Act, the Forest Service is directed to provide the Committees with a general assessment of 

back-country airstrips on National Forest System lands with recommendations for improving their function as an important component of the forest transportation and recreation system. 

Bill Language.—The bill includes language allowing the transfer of funding from Capital Improvement and Maintenance to the 

National Forest System for the Integrated Resource Restoration 

pilot. 

LAND ACQUISITION

The bill provides $52,605,000 for Land Acquisition, of which 

$7,500,000 is for acquisition management; $3,500,000 is for critical 

inholdings/cash equalization; and $41,605,000 is for acquisitions. 

This amount will fully fund projects 1 through 30 as prioritized 

by the Service pursuant to the Administration’s revised request list 

provided to the Committees on August 26, 2011. Requests for reprogramming will be considered pursuant to the guidelines in the 

front of this statement. 

The conferees direct the Forest Service to use inholding funding to acquire high priority lands within Federal boundaries that 

maximize benefits to the public through consolidated Federal ownership that provides access, creates management efficiencies, or 

protects critical resources. 

The Secretary of Agriculture is directed to submit a report to 

the Committees on Appropriations within 90 days of enactment of 

this Act describing current negotiations between the Forest Service 

and private landowners for projects receiving prior year and current appropriations within the Tongass National Forest, including 

the overall scope and timing of these acquisitions. 

ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

The bill provides $955,000 for the Acquisition of Lands for National Forests Special Acts. 

ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES

The bill provides $227,000 for the Acquisition of Lands to Complete Land Exchanges. 

RANGE BETTERMENT FUND

The bill provides $3,262,000 for the Range Betterment Fund. 


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GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND

RESEARCH

The bill provides $45,000 for Gifts, Donations and Bequests for 

Forest and Rangeland Research. 

MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

The bill provides $2,577,000 for the Management of National 

Forest Lands for Subsistence Uses. 

WILDLAND FIRE MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $1,737,631,000 for Forest Service Wildland 

Fire Management. In addition to the funding provided, the Forest 

Service is directed to use $240,000,000 in carryover emergency fire 

suppression funds before obligating fiscal year 2012 suppression 

funds. The amount provided, combined with $315,886,000 in the 

FLAME Wildfire Suppression Reserve Fund, fully funds the Forest 

Service’s 10-year average expenditures for fire suppression. The 

conferees also provide the following directions: 

The Forest Service should complete a plan to replace the aging 

fleet of federal air tankers as soon as possible. While the Forest 

Service and others have produced study after study on the critical 

shortage of firefighting aircraft, there has been a complete lack of 

substantive progress this year. The Service must work more closely 

with the Department of the Interior in developing the strategy for 

replacing the current air tanker fleet. 

Hazardous Fuels.—The bill provides $317,584,000 for hazardous fuels activities. The Forest Service is directed to remove the 

requirement that seventy-five percent of hazardous fuels funding 

be spent in the Wildland Urban Interface and instead the conferees 

direct hazardous fuels funding be spent on the highest priority 

projects in the highest priority areas. 

FLAME WILDFIRE SUPPRESSION RESERVE FUND

(INCLUDING TRANSFERS OF FUNDS)

The bill provides $315,886,000 for the FLAME Wildfire Suppression Reserve Fund. 

ADMINISTRATIVE PROVISIONS, FOREST SERVICE

(INCLUDING TRANSFERS OF FUNDS)

The bill includes administrative provisions similar to previous 

years. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

INDIAN HEALTH SERVICE

INDIAN HEALTH SERVICES

The bill provides $3,872,377,000 for Indian Health Services. Of 

the amount requested for current services, the conferees have included $56,019,000 above the fiscal year 2011 enacted level, which 


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covers the cost of staffing new facilities. Program increases above 

the fiscal year 2011 enacted level include $12,000,000 for the Indian Health Care Improvement Fund; $3,400,000 for Health IT Security; $65,000,000 for Contract Health Services; $3,185,000 for Direct Operations; and $74,500,000 for Contract Support Costs. In 

agreement with the request, a reduction of $7,000,000 has been assumed from savings in grant programs. The conferees direct the 

Service to meet its annual Contract Support Costs reporting requirement due date, and to provide the Committees with current 

Contract Support Costs estimates in conjunction with its annual 

budget submission. 

The Service is directed to update the Committees at least annually on the progress of the Early Childhood Caries initiative and 

the ability of the Service to meet its goals in the allowed time 

frame. The conferees note that the Service has already complied 

with the request contained in the House report to provide a detailed schedule for implementation of the Electronic Dental Record 

system. 

Within the overall amount identified in the ‘‘Indian Health 

Services’’ account for the staffing of new facilities, funds are directed to the following projects, as requested in the President’s 

budget request: $1,809,000 for the Carl Albert Hospital replacement, Ada, Oklahoma; $783,000 for the Lake County Tribal Health 

Center, Lakeport, California; $6,294,000 for the Elbowoods Health 

Center, New Town, North Dakota; $21,185,000 for the Cheyenne 

River Health Center, Eagle Butte, South Dakota; $8,226,000 for 

the Absentee Shawnee Health Center, Little Axe, Oklahoma; 

$7,879,000 for the Cherokee Nation Vinita Health Center, Vinita, 

Oklahoma; and $9,843,000 for joint venture projects. This distribution is in agreement with the budget estimate as it has been revised to reflect distributions made under the fiscal year 2011 operating plan, which was not available at the time the Service’s request was submitted to Congress. 

The conferees understand that a number of joint venture construction projects are nearing completion and will require support 

for the staffing of these new facilities. The Service is urged to request sufficient funding in future budgets to fulfill its obligations 

to participating tribes in the joint venture program. 

Within the Indian Health Professions activity, the conferees 

have continued support for the Recruitment/Retention of American 

Indians into Nursing program; the Indians into Psychology program; and the Indians into Medicine program. 

INDIAN HEALTH FACILITIES

The bill provides $441,052,000 for Indian Health Facilities. Of 

the amount requested for current services, the conferees have included $7,032,000 above the fiscal year 2011 enacted level, which 

covers the cost of staffing new facilities. Program changes to the 

fiscal year 2011 enacted level include a decrease of $15,955,000 

from Sanitation Facilities Construction, as requested, and an increase of $46,028,000 for Health Care Facilities Construction. 

Within the overall amount identified in the ‘‘Facilities Services’’ account for the staffing of new facilities, funds are directed to 

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quest: $678,000 for the Carl Albert Hospital replacement, Ada, 

Oklahoma; $305,000 for the Lake County Tribal Health Center, 

Lakeport, California; $1,021,000 for the Elbowoods Health Center, 

New Town, North Dakota; $3,487,000 for the Cheyenne River 

Health Center, Eagle Butte, South Dakota; $755,000 for the Absentee Shawnee Health Center, Little Axe, Oklahoma; and $786,000 

for the Cherokee Nation Vinita Health Center, Vinita, Oklahoma. 

The amount provided for health care facilities construction includes, as requested in the President’s budget request: $62,184,000 

to complete the Barrow Hospital, Barrow, Alaska; $10,000,000 for 

the Kayenta Health Center, Kayenta, Arizona; $10,000,000 for the 

San Carlos Health Center, San Carlos, Arizona; $2,000,000 for the 

Southern California Youth Regional Treatment Center, Hemet, 

California; and $1,000,000 to complete a feasibility report on the 

use of modular construction for health facilities. 

The conferees are concerned about the large unobligated balances in the ‘‘Indian Health Services’’ and the ‘‘Indian Health Facilities’’ accounts. The conferees direct the Service to review the 

programs that have carried high unobligated balances in recent 

years and provide a detailed report to the Committees within 90 

days of enactment of this Act on the causes for these unobligated 

balances and present a plan for reducing them. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

The bill provides $79,054,000 for the National Institute of Environmental Health Sciences. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

The bill provides $76,337,000 for the Agency for Toxic Substances and Disease Registry. Within the funds provided, 

$2,000,000 has been included as requested to continue the important epidemiological studies of health conditions caused by exposures to uranium released from mining and milling operations in 

the Navajo Nation. 

OTHER RELATED AGENCIES 

EXECUTIVE OFFICE OF THE PRESIDENT

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

The bill provides $3,153,000 for the Council on Environmental 

Quality and Office of Environmental Quality. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

The bill provides $11,147,000 for the Chemical Safety and Hazard Investigation Board. 


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OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION

SALARIES AND EXPENSES

The bill provides $7,750,000 for the Office of Navajo and Hopi 

Indian Relocation, Salaries and Expenses. 

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT

PAYMENT TO THE INSTITUTE

The bill provides $8,533,000 for the Institute of American Indian and Alaska Native Culture and Arts Development. 

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

The bill provides a total of $811,530,000 for all Smithsonian 

Institution accounts, of which $636,530,000 is provided for salaries 

and expenses. The conferees encourage collaborative efforts between the Smithsonian Institution and regional and rural museums that facilitate greater access to the Smithsonian’s virtual collections such as that of the Museum of Natural History. The conferees support the joint venture between the Library of Congress 

and the Smithsonian Institution creating a comprehensive compilation of personal histories and testimonials of individuals who participated in the Civil Rights movement. The conferees remain committed to the preservation of priceless, irreplaceable Smithsonian 

Institution collections and direct the Smithsonian to take steps toward implementing the recommendations of a recently completed 

audit by the Smithsonian’s Office of Inspector General (OIG) on collections stewardship at the National Museum of American History. 

The conferees also support the decision by the OIG to use the Institution’s Strategic Plan as a standard by which to measure the Institution’s performance in its proposed audits and reviews. The 

Smithsonian Institution is directed to work with the Committees to 

standardize its annual budget submission justifications and supporting materials. 

FACILITIES CAPITAL

The bill provides $175,000,000 for the Facilities Capital account of which $75,000,000 is to complete the design and begin the 

construction of the National Museum of African American History 

and Culture (NMAAHC). Bill language is included providing that 

a future procurement for construction of the NMAAHC may include 

the full scope of the project, but that any contract for such procurement must contain a clause clarifying that any payment under the 

contract will be subject to the availability of funds. The Smithsonian is directed to devote remaining Facilities Capital funds to the 

highest and best uses on a priority basis and clearly articulate in 

future budget submissions specific funding needs in priority order 

for all Facilities Capital program initiatives. 


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NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

The bill provides $114,066,000 for the Salaries and Expenses 

account of the National Gallery of Art of which not to exceed 

$3,481,000 is for the special exhibition program. 

REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS

The bill provides $14,516,000 for the Repair, Restoration, and 

Renovation of Buildings account. Bill language is included providing the Gallery with the authority to enter into operating lease 

agreements of no more than 10 years, with no extensions or renewals, in order to address space needs created by ongoing renovations 

in the Master Facilities Plan. 

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

The bill provides $23,200,000 for the Operations and Maintenance account. 

CAPITAL REPAIR AND RESTORATION

The bill provides $13,650,000 for the Capital Repair and Restoration account. 

WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS

SALARIES AND EXPENSES

The bill provides $11,005,000 for the Woodrow Wilson International Center for Scholars. 

NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES 

NATIONAL ENDOWMENT FOR THE ARTS

GRANTS AND ADMINISTRATION

The bill provides $146,255,000 for the National Endowment for 

the Arts (NEA). The conferees agree that initiatives begun in prior 

years, such as the Big Read and Shakespeare in American Communities, are programs of demonstrated worth that reach a broad geographic audience. The Endowment is urged to maintain these 

grants at an appropriate funding level to allow a vibrant, competitive program to be maintained. 

The conferees understand that the proposal included in the 

budget request to eliminate the National Heritage Fellowship program and the American Jazz Masters Fellowship program was reconsidered by the Endowment and subsequently withdrawn. The 

conferees support this decision and expect the Endowment to continue its annual recognition of individuals with outstanding 

achievements in these disciplines in a similar manner to past 

years. The conferees disagree with the proposal to exempt funds for 

the ‘‘Our Town’’ initiative from the overall calculation for providing 

base funding to State arts agencies and direct that funds be distributed based on the longstanding agreement that States receive 


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40 percent of all appropriated grant funds. Reforms originally instituted by the Committees more than a decade ago relating to program priorities and grant guidelines are fully restated in Sections 

418 and 419. These reforms maintain broad bipartisan support and 

the conferees expect the NEA to adhere to them fully. Further, the 

conferees encourage the Administration and the appropriate committees of jurisdiction in Congress to address the vacancies on the 

National Council on the Arts in a timelier manner than has been 

the case to date. 

NATIONAL ENDOWMENT FOR THE HUMANITIES

GRANTS AND ADMINISTRATION

The bill provides $146,255,000 for the National Endowment for 

the Humanities (NEH). The conferees urge the NEH to provide no 

less than 40 percent of program funds to support the critical work 

of state humanities councils. The conferees support the Endowment’s efforts to encourage a better understanding of our Nation’s 

history and the democratic principles upon which it was founded 

by supporting grants for the teaching and study of American history. The conferees, therefore, have included $3,000,000 for the 

longstanding, successful We the People initiative. The NEH is encouraged to include Native American communities in the Bridging 

Cultures initiative and to work with tribes in the preservation of 

Native American languages through the Documenting Endangered 

Languages grant program. 

COMMISSION OF FINE ARTS

SALARIES AND EXPENSES

The bill provides $2,400,000 for the Commission of Fine Arts. 

NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS

The bill provides $2,000,000 for the National Capital Arts and 

Cultural Affairs program. Language has been included in the bill 

amending the program’s underlying authorization to ensure that 

all grantees meet the program’s eligibility requirements. 

ADVISORY COUNCIL ON HISTORIC PRESERVATION

SALARIES AND EXPENSES

The bill provides $6,108,000 for the Advisory Council on Historic Preservation. 

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

The bill provides $8,154,000 for the National Capital Planning 

Commission. 


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UNITED STATES HOLOCAUST MEMORIAL MUSEUM

HOLOCAUST MEMORIAL MUSEUM

The bill provides $50,798,000 for the United States Holocaust 

Memorial Museum. The conferees concur with the Museum’s proposal to re-designate its exhibition fund as an outreach initiatives 

fund to broaden access to historic material, enhance its website, 

and provide a larger public education component. 

PRESIDIO TRUST

PRESIDIO TRUST FUND

The bill provides $12,000,000 for the Presidio Trust Fund. 

DWIGHT D. EISENHOWER MEMORIAL COMMISSION

SALARIES AND EXPENSES

The bill provides $2,000,000 for the Salaries and Expenses account. 

CAPITAL CONSTRUCTION

The bill provides $30,990,000 for Capital Construction. Bill 

language has been included authorizing the contracting officer to 

procure construction services as long as such contracts are contingent upon the availability of funds, and authorizes the Commission 

to proceed with the construction process despite not having full 

funding in place. 

TITLE IV—GENERAL PROVISIONS 

(INCLUDING TRANSFERS OF FUNDS)

The conferees have included various legislative provisions in 

Title IV of the bill. A number of these provisions have been carried 

in previous years and others are newly proposed this year. The provisions are: 

Section 401 continues a provision providing for public availability of information on consulting service contracts. 

Section 402 continues a provision providing that appropriations 

available in the bill shall not be used to produce literature or otherwise promote public support of a legislative proposal on which legislative action is not complete. 

Section 403 continues a provision providing for annual appropriations unless expressly provided otherwise in this Act. 

Section 404 continues a provision limiting the use of personal 

cooks, chauffeurs or servants. 

Section 405 continues a provision providing restrictions on departmental assessments unless approved by the Committees on Appropriations. 

Section 406 continues a provision limiting the actions of the 

Forest Service and the Bureau of Land Management with regard 

to the sale of giant sequoia trees to a manner consistent with such 

sales as were conducted in fiscal year 2011. 

Section 407 continues a limitation on accepting and processing 

applications for patents and on the patenting of Federal lands. 


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Section 408 continues a provision regarding the payment of 

contract support costs. 

Section 409 continues a provision providing that the Secretary 

of Agriculture shall not be considered in violation of certain provisions of the Forest and Rangeland Renewable Resources Planning 

Act solely because more than 15 years have passed without revision of a forest plan, provided that the Secretary is working in good 

faith to complete the plan revision. 

Section 410 continues a provision limiting preleasing, leasing, 

and related activities within the boundaries of National Monuments. 

Section 411 modifies a provision authorizing the Secretary of 

the Interior and the Secretary of Agriculture to enter into reciprocal agreements with foreign wildfire suppression organizations. 

Section 412 continues a provision through fiscal year 2013 authorizing the Secretary of the Interior and the Secretary of Agriculture to consider local contractors when awarding contracts for 

certain activities on public lands. 

Section 413 restricts funding appropriated for acquisition of 

land or interests in land from being used for declarations of taking 

or complaints in condemnation. 

Section 414 continues a provision making Alaska red cedar 

timber available to domestic mills. 

Section 415 extends certain authorities through fiscal year 

2013 allowing the Forest Service and Department of the Interior to 

renew grazing permits. 

Section 416 continues a provision which prohibits no-bid contracts. 

Section 417 continues a provision which requires public disclosure of certain reports. 

Section 418 continues a provision which delineates the grant 

guidelines for the National Endowment for the Arts. 

Section 419 continues a provision which delineates the program priorities for the programs managed by the National Endowment for the Arts. 

Section 420 amends existing law to allow for the use of certain 

competitive grant funds. 

Section 421 extends authorities from the Forest Service Realignment and Enhancement Act of 2005 through 2016. 

Section 422 makes permanent authorities made available to 

the Secretary of the Interior and the Chief of the Forest Service to 

conduct joint programs to promote customer service and efficiency. 

Section 423 retains a provision allowing the State of Utah, 

through contracts or cooperative agreements with the Forest Service, to perform certain activities on Forest Service lands through 

fiscal year 2013. 

Section 424 requires the Department of the Interior, EPA, Forest Service and Indian Health Service to provide the Committees 

on Appropriations quarterly reports on the status of balances of appropriations. 

Section 425 requires the President to submit a report to the 

Committees on Appropriations no later than 120 days after submission of the fiscal year 2013 budget request describing Federal agenVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01095 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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cy obligations and expenditures for climate change programs in fiscal year 2011. 

Section 426 continues a provision prohibiting the use of funds 

to promulgate or implement any regulation requiring the issuance 

of permits under Title V of the Clean Air Act for carbon dioxide, 

nitrous oxide, water vapor, or methane emissions. 

Section 427 continues a provision prohibiting the use of funds 

to implement any provision in a rule if that provision requires 

mandatory reporting of greenhouse gas emissions from manure 

management systems. 

Section 428 provides the Forest Service the authority to use a 

pre-decisional objection process in place of post-decisional appeals. 

Section 429 clarifies Silvicultural Operations under the Federal 

Water Pollution Control Act. 

Section 430 modifies claim maintenance fees for placer claims 

held by two or more persons known as association placer claims. 

Section 431 addresses the management of domestic sheep and 

bighorn sheep on Federal lands. 

Section 432 addresses the issuance of air quality permits in the 

Outer Continental Shelf. 

Section 433 prohibits funds from being used to enter into contracts or agreements with any corporation where the agency is 

aware of a conviction of a felony under any Federal law within the 

preceding 24 months. 

Section 434 prohibits funds for contacts or agreements with 

any corporation where the agency is aware of any unpaid Federal 

tax liability that is not being paid in a timely manner pursuant to 

a payment agreement. 

Section 435 continues current authorities for operations of Indian Health Service programs in Alaska. 

Section 436 includes an across the board rescission of 0.16 percent. This reduction shall be applied to each program, project, and 

activity, except for Miscellaneous Payments to Indians, which has 

a different application of the rescission as specified in the statutory 

language. The bill also requires the Office of Management and 

Budget to submit a report within 30 days specifying the account 

and amount of each rescission. 


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1095 


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1096 


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1097 


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1098 


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1099 


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1100 


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1101 


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1102 


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1103 


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1104 


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1105 


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1106 


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1107 


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1108 


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1109 


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1110 


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1111 


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1112 


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1113 


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1114 


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1115 


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1116 


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1117 


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1118 


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1119 


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DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2012 

The Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act, 2012, put in 

place by this division incorporates the following agreements of the 

managers. Funds for the individual programs and activities within 

the accounts in this division are displayed in the detailed table at 

the end of the statement of the managers for this Act. Funding levels that are not displayed in the detailed table are identified within 

this statement of the managers. In implementing this conference 

agreement, the Departments and agencies should be guided by the 

language and instructions set forth in Senate Report 112–84 accompanying the bill, S. 1599, unless specifically addressed in this 

statement. In cases where the language and instructions in the 

Senate report specifically address the allocation of funds, each has 

been reviewed by the conferees and those that are jointly concurred 

in have been endorsed in this statement of managers. 

TITLE I 

DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $3,195,383,000 for Training 

and Employment Services (TES). Of the amount appropriated 

under the heading TES, $1,423,383,000 shall be available for obligation for the period July 1, 2012 through June 30, 2013, and the 

remaining $1,772,000,000 shall be available as an advance appropriation for the period October 1, 2012 through June 30, 2013. 

The conferees direct that, beginning with the fiscal year 2013 

budget request, the TES detailed workload and performance tables 

in the congressional justification materials be modified to include, 

as a subset of the ‘‘Participants Served in Employment and Training Activities,’’ the number of participants who participated in core 

and intensive services, the number of participants who participated 

in training services, the number of exiters, and the number of 

exiters who gained employment. 

The conference agreement includes $1,008,432,000 for Dislocated Worker Assistance employment and training activities, of 

which $148,432,000 shall be available for obligation for the period 

July 1, 2012 through June 30, 2013, and the remaining 

$860,000,000 shall be available as an advance appropriation for the 

period October 1, 2012 through June 30, 2013. The conferees continue to support the use of National Emergency Grants to meet unanticipated increases in demand for employment and training services and encourage a rapid execution of funding throughout the 

program year to address these needs throughout the country. 

The conference agreement includes $84,451,000 for migrant 

and seasonal farmworker formula grants. The conferees direct that 


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$5,689,000 shall be for migrant and seasonal farmworker housing 

grants, of which not less than 70 percent of this amount shall be 

used for permanent housing grants. The conferees further direct 

the Department of Labor to submit annual reports documenting 

the use of farmworker housing funds. The reports should include 

information on the amount of funds used for permanent and temporary housing activities, respectively; a list of the communities 

served; a list of the grantees and the states in which they are located; the total number of individuals or families served; and a list 

of allowable temporary housing activities. The conference agreement includes $50,000,000 for the Workforce Innovation Fund. 

The conference agreement includes new language that provides 

that funding previously made available under Public Law 112–10 

designated for young parents training grants may be used for research and implementation activities related to the VOW to Hire 

Heroes Act of 2011 and other pilots, demonstrations, and research 

activities. 

The conferees note that the National Guard’s Youth ChalleNGe 

program at the Department of Defense provides a structured high 

school curriculum in a residential setting for 16- to 18-year old 

high school dropouts across 27 states. However, the success of this 

program is hindered by the lack of a formalized employment training component. As the Department of Labor has a long history with 

such endeavors, the conferees encourage the Secretary of Labor to 

work with the Department of Defense, providing technical assistance and guidance where needed, in establishing a vocational 

training component within the Youth ChalleNGe program. 

The conference agreement includes a directive for the Government Accountability Office to assess the capabilities of the Adult 

and Dislocated Worker Employment and Training programs to adequately prepare participants for currently available jobs. The study 

shall include, but is not limited to, the following: 

1. An evaluation of the means by which Workforce Investment 

Act (WIA) local areas identify currently available jobs and the 

skills required for those jobs in potential growth sectors of the 

economy. This may include an evaluation of decisions by regional 

and local WIA areas and an assessment of the quality of available 

labor market information and job projections. 

2. An evaluation of the means by which WIA local areas direct 

program participants to prepare or train for currently or soon-tobe available jobs in the WIA area. To the extent that prospects for 

employment are greater outside the WIA area, the evaluation will 

assess the extent to which WIA areas help the participants of the 

programs prepare or train for these jobs. 

3. A compilation of any recommendations on how participants 

may be better prepared for current openings and for openings in 

growth sectors of the economy. 

The conference agreement includes $6,475,000 for the Workforce Data Quality Initiative. 

OFFICE OF JOB CORPS

The conference agreement includes $1,706,171,000 for the Office of Job Corps (OJC). The budget request includes 


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$1,033,747,000 in fiscal year 2012 funding and, in addition, 

$666,000,000 in advance funding for fiscal year 2013. The conferees 

provide full funding for OJC in fiscal year 2012, eliminating the 

need for advance appropriations, and direct the Secretary of Labor 

to submit future budget requests for OJC without advance appropriations beginning with the fiscal year 2013 budget submission. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

The conference agreement includes $449,100,000 for Community Service Employment for Older Americans. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

The conference agreement includes $4,094,672,000 for State 

Unemployment Insurance and Employment Service Operations, including a total of $60,000,000 to conduct in-person reemployment 

and eligibility assessments (REA) and unemployment insurance 

improper payment reviews. 

The conference agreement for Unemployment Insurance (UI) 

State operations does not explicitly include funds for the expansion 

of REAs or for the new initiative requested for UI operations incentive grants for improved operations. Funds not required for workload should be used by the Department to increase REA funding 

and other activities to address improper payments, to fund State 

requests for technology improvement funding, and to initiate performance improvement grants. 

The conference agreement does not include funding requested 

for expansion of the worker misclassification initiative. 

PROGRAM ADMINISTRATION

The conference agreement includes $147,360,000 for Program 

Administration. 

The conference agreement does not include funding requested 

for expansion of the worker misclassification initiative. 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $183,500,000 for the Employee Benefits Security Administration. 

WAGE AND HOUR DIVISION

SALARIES AND EXPENSES

The conference agreement includes $227,491,000 for the Wage 

and Hour Division. 

The conference agreement does not include funding requested 

for expansion of the worker misclassification initiative. 


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OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS

SALARIES AND EXPENSES

The conference agreement includes $105,386,000 for the Office 

of Federal Contract Compliance Programs. 

The conference agreement does not include funding requested 

for expansion of the worker misclassification initiative. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $565,857,000 for the Occupational Safety and Health Administration (OSHA). 

The conferees note that OSHA’s National Emphasis Program 

(NEP) on Recordkeeping has been underway since October, 2009, 

to assess the accuracy of injury and illness data recorded by employers. The conferees direct the Secretary of Labor to submit a report, not later than 90 days after enactment of this Act, to the 

Committees on Appropriations of the House and the Senate detailing the findings of this NEP, as well as other Department activities, related to the accuracy of employer reporting of injury and illness data. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $374,000,000 for the Mine 

Safety and Health Administration (MSHA). 

The conference agreement provides sufficient funding to improve MSHA’s emergency response operations and rescue capabilities through the upgrade of emergency response equipment and the 

purchase and deployment of new underground mine rescue communications systems for mine rescue teams, continue making progress 

on the elimination of the backlog of mine safety and health appeals, support the reorganization and strengthening of the Office of 

Accountability within the assessments line, upgrade the Mt. Hope 

laboratory, continue the coal dust spot inspection program, and acquire continuous personal dust monitors for MSHA personnel. 

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

The conference agreement includes $610,224,000 for the Bureau of Labor Statistics (BLS). 

GENERAL PROVISIONS

JOB CORPS COMPENSATION

The conference agreement modifies a provision that prohibits 

the use of Job Corps funding from being used to compensate an individual at a rate in excess of Executive Level II. 


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AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT

The conference agreement modifies a provision relating to 

grants made from the Department of Labor under the authority of 

the American Competitiveness and Workforce Improvement Act. 

EMPLOYMENT AND TRAINING ADMINISTRATION COMPENSATION

The conference agreement modifies a provision to prohibit the 

use of funds provided to the Employment and Training Administration for the compensation of any individual at a rate in excess of 

Executive Level II. 

TRANSFER AUTHORITY FOR TECHNICAL ASSISTANCE SERVICES

The conference agreement modifies a provision providing the 

Secretary of Labor with the authority to transfer funds made available to the Employment and Training Administration by this Act, 

or by Public Law 112–10, for technical assistance services to Program Administration. 

DEFINITION OF FIDUCIARY REGULATION

The conference agreement includes a new provision relating to 

the ‘‘Definition of Fiduciary’’ regulation being developed by the Employee Benefits Security Administration (Regulatory Identification 

Number 1210–AB32). The conferees understand that it is the Secretary of Labor’s intention to formally withdraw this proposed rule 

upon the issuance of a new notice of proposed rulemaking (NPRM). 

This section shall not be construed as preventing the Secretary 

from publishing a new or revised NPRM relating to the definition 

of a fiduciary, provided that interested parties and stakeholders are 

afforded a sufficient opportunity to review and comment on the 

proposed rulemaking. 

WAGE METHODOLOGY FOR THE TEMPORARY NON-AGRICULTURAL

EMPLOYMENT H–2B PROGRAM REGULATION

The conference agreement modifies a provision relating to the 

‘‘Wage Methodology for the Temporary Non-Agricultural Employment H–2B Program’’ regulation published by the Employment and 

Training Administration. 

OCCUPATIONAL INJURY AND ILLNESS RECORDING AND REPORTING RE- QUIREMENTS—MUSCULOSKELETAL DISORDERS (MSD) COLUMN REGU- LATION

The conference agreement includes a new provision relating to 

the ‘‘Occupational Injury and Illness Recording and Reporting Requirements—Musculoskeletal Disorders (MSD) Column’’ regulation 

being developed by the Occupational Safety and Health Administration. 

LOWERING MINERS’ EXPOSURE TO COAL MINE DUST, INCLUDING

CONTINUOUS PERSONAL DUST MONITORS REGULATION

The conference agreement includes a new provision relating to 

the ‘‘Lowering Miners’ Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors’’ regulation being developed by the 


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Mine Safety and Health Administration (MSHA). This section is 

not intended to restrict MSHA’s ability to enforce the current rule 

while this section is in effect or address any compliance assistance 

or training needs arising from the publication of the final rule during the effective period of this section. 

OVERTIME EXEMPTIONS FOR SERVICE ADVISORS IN AUTOMOTIVE

DEALERSHIPS

The conference agreement includes a new provision relating to 

overtime exemptions as defined by the Fair Labor Standards Act. 

TITLE II 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

The conference agreement includes $6,450,534,000 for the 

Health Resources and Services Administration (HRSA). In addition, $25,000,000 is made available under section 241 of the Public 

Health Service (PHS) Act. 

The conference agreement includes bill language that divides 

HRSA into several accounts to improve transparency and accountability. The conferees direct that future budget requests reflect this 

new structure. 

PRIMARY HEALTH CARE

The conference agreement includes $1,598,957,000 for Primary 

Health Care. 

HEALTH WORKFORCE

The conference agreement includes $734,402,000 for Health 

Workforce. 

Within the funds provided for Training in Oral Health Care, 

the conferees include $7,563,000 each for general and pediatric 

dentistry. 

The conference agreement includes language prohibiting health 

workforce funds to be used for section 340G–1, the Alternative 

Dental Health Care Providers Demonstration programs. 

Within the funds provided for Public Health and Preventive 

Medicine Programs, the conferees direct HRSA to fund preventive 

medicine residencies at no less than fiscal year 2011 levels. The 

conferees have provided sufficient funding for a national coordinating center and $2,500,000 for grants to incorporate competencybased integrative medicine curricula in graduate medical education. 

Within the funds for Advanced Education Nursing, the conferees direct HRSA to allocate funding for nurse anesthetist education at no less than fiscal year 2011 levels. 

MATERNAL AND CHILD HEALTH

The conference agreement includes $863,607,000 for Maternal 

and Child Health. 


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The conference agreement includes bill language setting aside $79,586,000 for Special Projects of Regional and National Significance (SPRANS). The agreement includes sufficient funding to continue State grants and the set-asides for oral health, epilepsy, sickle cell, and fetal alcohol syndrome at no less than fiscal year 2011 

levels. 

Within the funding provided for the Autism and Other Related 

Developmental Disorders program, the conferees direct HRSA to 

fund the Leadership Education in Neurodevelopmental and Related 

Disabilities (LEND) program at no less than fiscal year 2011 levels. 

RYAN WHITE HIV/AIDS PROGRAMS

The conference agreement includes $2,351,665,000 for Ryan White HIV/AIDS Programs, of which $2,326,665,000 is provided as 

budget authority and $25,000,000 is made available under section 

241 of the Public Health Service Act. 

The conferees intend that HRSA allocate funds for the Minority AIDS Initiative within the Ryan White HIV Programs at no less 

than the fiscal year 2011 funding level. 

HEALTH CARE SYSTEMS

The conference agreement includes $83,526,000 for Health 

Care Systems. 

RURAL HEALTH

The conference agreement includes $139,832,000 for Rural 

Health. 

Rural Outreach Models.—The conferees recognize the continuing challenges facing rural communities in providing adequate 

healthcare services. The conferees urge HRSA to consider projects 

that demonstrate new and innovative models of outreach in rural 

areas, such as the integration and coordination of health services; 

the utilization of technologies to improve access to health services; 

distance education for health professionals; and activities that improve mental healthcare services in rural areas. 

FAMILY PLANNING

The conference agreement includes $297,400,000 for Family 

Planning. 

PROGRAM MANAGEMENT

The conference agreement includes $161,815,000 for Program 

Management. 

CENTERS FOR DISEASE CONTROL AND PREVENTION

The conference agreement includes $5,667,735,000 in discretionary appropriations for the Centers for Disease Control and Prevention (CDC). In addition, $371,357,000 is made available under 

section 241 of the Public Health Service (PHS) Act. 

The conference agreement includes bill language that divides 

CDC into several accounts to improve transparency and accountability. The conferees direct that future budget requests, to include 

the fiscal year 2013 budget request, reflect this new structure. FurVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01130 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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ther, the conferees direct CDC to provide additional programmatic 

information in budget justifications beginning in fiscal year 2014. 

This information shall be included for every activity identified in 

this Statement of the Managers and shall include: a short description of the nature of CDC’s work on a particular subject; the number of new and continuing grants made; the average grant size; and 

a State-by-State table for any formula-based funding. The conferees 

understand that the fiscal year 2013 justification is already in draft 

form; therefore, the conferees expect an operating plan 90 days 

after enactment of this Act that details spending levels for all CDC 

budget lines included in this Statement of the Managers. 

Extramural Research.—The conferees request a report from 

CDC by March 1 of each year that details the breakdown of intramural and extramural funding for each program of the various offices and centers at CDC. This report shall include the amount of 

funding in each Center dedicated to administrative activities. 

IMMUNIZATION AND RESPIRATORY DISEASES

The conference agreement includes $579,375,000 for Immunization and Respiratory Diseases. In addition, $12,864,000 is made 

available under section 241 of the PHS Act. 

Within the program level total for Immunization and Respiratory Diseases, the conference agreement includes the following 

amounts: 

Budget activity Conference 

Section 317 Immunization Program ..................................................................................................................... $369,553,000 

Program Operations .............................................................................................................................................. 63,005,000 

National Immunization Survey .................................................................................................................... 12,864,000 

Influenza ............................................................................................................................................................... 159,681,000 

HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES AND

TUBERCULOSIS PREVENTION

The conference agreement includes $1,105,995,000 for HIV/ 

AIDS, Viral Hepatitis, Sexually Transmitted Diseases and Tuberculosis Prevention. 

Within the total for HIV/AIDS, Viral Hepatitis, Sexually 

Transmitted Diseases, and Tuberculosis Prevention, the conference 

agreement includes the following amounts: 

Budget activity Conference 

Domestic HIV/AIDS Prevention and Research: 

HIV Prevention by Health Departments ....................................................................................................... $336,912,000 

HIV Surveillance .......................................................................................................................................... 117,667,000 

National/Regional/Local/Community/Other .................................................................................................. 138,059,000 

Enhanced HIV Testing ................................................................................................................................. 65,401,000 

Improving Program Effectiveness ............................................................................................................... 102,406,000 

School Health .............................................................................................................................................. 30,000,000 

Viral Hepatitis ...................................................................................................................................................... 19,784,000 

Sexually Transmitted Diseases ............................................................................................................................. 154,666,000 

Tuberculosis .......................................................................................................................................................... 141,100,000 

Within the total for Domestic HIV/AIDS Prevention and Research programs, the conference agreement provides funding at no 

less than the fiscal year 2011 level to support activities that are 

targeted to address the growing HIV/AIDS epidemic and its disVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01131 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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parate impact on communities of color, including African Americans, Latinos, Native Americans, Asian Americans, Native Hawaiians, and Pacific Islanders. 

EMERGING AND ZOONOTIC INFECTIOUS DISEASES

The conference agreement includes $253,919,000 for Emerging 

and Zoonotic Infectious Diseases. 

Within the total for Emerging and Zoonotic Infectious Diseases, the conference agreement includes the following amounts: 

Budget activity Conference 

Vector-borne Diseases .......................................................................................................................................... $23,232,000 

Lyme Disease ........................................................................................................................................................ 8,773,000 

Food Safety ........................................................................................................................................................... 27,172,000 

Prion Disease ........................................................................................................................................................ 5,000,000 

Chronic Fatigue Syndrome ................................................................................................................................... 4,737,000 

Emerging Infectious Diseases .............................................................................................................................. 124,151,000 

National Healthcare Safety Network .................................................................................................................... 14,872,000 

Quarantine ............................................................................................................................................................ 26,032,000 

Lyme Disease.—The conferees encourage CDC to expand its activities related to developing sensitive and more accurate diagnostic tools and tests for Lyme disease, including the evaluation of 

emerging diagnostic methods and improving utilization of diagnostic testing to account for the multiple clinical manifestations of 

acute and chronic Lyme disease. CDC is encouraged to expand its 

epidemiological research activities on tick-borne diseases, to include an objective to determine the long-term course of illness for 

Lyme disease and to improve surveillance and reporting of Lyme 

and other tick-borne diseases in order to produce more accurate 

data on their prevalence. Finally, the conferees encourage CDC to 

evaluate the feasibility of developing a national reporting system 

on Lyme disease, including laboratory reporting; and to expand 

prevention of Lyme and tick-borne diseases through increased community-based public education and creating a physician education 

program that includes the full spectrum of scientific research on 

the diseases. 

CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION

The conference agreement includes $760,700,000 for Chronic 

Disease Prevention and Health Promotion. 

Within the total for Chronic Disease Prevention and Health 

Promotion, the conference agreement includes the following 

amounts: 

Budget activity Conference 

Tobacco ................................................................................................................................................................. $108,685,000 

Nutrition, Physical Activity, and Obesity .............................................................................................................. 34,189,000 

School Health ....................................................................................................................................................... 13,600,000 

Food Allergies .............................................................................................................................................. 488,000 

Health Promotion .................................................................................................................................................. 17,682,000 

Community Health Promotion ...................................................................................................................... 6,141,000 

Glaucoma ..................................................................................................................................................... 3,337,000 

Visual Screening Education ........................................................................................................................ 511,000 

Alzheimer’s Disease ..................................................................................................................................... 1,812,000 

Inflammatory Bowel Disease ....................................................................................................................... 680,000 

Interstitial Cystitis ....................................................................................................................................... 654,000 


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Budget activity Conference 

Excessive Alcohol Use ................................................................................................................................. 2,454,000 

Chronic Kidney Disease ............................................................................................................................... 2,093,000 

Prevention Research Centers ............................................................................................................................... 18,001,000 

Heart Disease and Stroke .................................................................................................................................... 55,284,000 

Diabetes ................................................................................................................................................................ 64,796,000 

Cancer Prevention and Control ............................................................................................................................ 350,332,000 

Breast and Cervical Cancer ........................................................................................................................ 206,001,000 

WISEWOMAN ........................................................................................................................................ 20,745,000 

Breast Cancer Awareness for Young Women .............................................................................................. 4,908,000 

Cancer Registries ........................................................................................................................................ 50,295,000 

Colorectal Cancer ........................................................................................................................................ 43,070,000 

Comprehensive Cancer ................................................................................................................................ 20,313,000 

Johanna’s Law ............................................................................................................................................. 5,000,000 

Ovarian Cancer ............................................................................................................................................ 4,909,000 

Prostate Cancer ........................................................................................................................................... 13,188,000 

Skin Cancer ................................................................................................................................................. 2,150,000 

Cancer Survivorship Resource Center ......................................................................................................... 498,000 

Oral Health ........................................................................................................................................................... 14,726,000 

Safe Motherhood/Infant Health ............................................................................................................................ 44,049,000 

Other Chronic Diseases ........................................................................................................................................ 25,338,000 

Arthritis ........................................................................................................................................................ 13,075,000 

Epilepsy ....................................................................................................................................................... 7,801,000 

National Lupus Patient Registry ................................................................................................................. 4,462,000 

Community Grants ................................................................................................................................................ 14,018,000 

Healthy Communities .................................................................................................................................. 0 

REACH .......................................................................................................................................................... 14,018,000 

The conferees expect the Office of Smoking and Health to 

transfer no less than the amount it did in fiscal year 2011 to the 

Environmental Health Laboratory. The conferees intend that this 

transfer is to be provided to the lab in a manner that supplements 

and in no way replaces existing funding for tobacco-related activities. 

The conferees are pleased to learn that CDC has decided to retain the Division of Oral Health. This action is supported by a recent Institute of Medicine (IOM) report titled ‘‘Advancing Oral 

Health in America’’ that recommends oral health be given a high 

priority within HHS. This decision will allow CDC to focus on the 

prevention and elimination of oral disease, support state oral 

health infrastructure programs, and improve the coordination of 

oral health activities with other chronic disease prevention activities. 

BIRTH DEFECTS AND DEVELOPMENTAL DISEASES

The conference agreement includes $138,072,000 for birth defects and developmental diseases. 

The conferees have rejected the consolidation proposed in the 

fiscal year 2012 budget for disability initiatives in the National 

Center on Birth Defects and Developmental Disabilities 

(NCBDDD). The conferees direct that any new consolidation put 

forward by the administration be accompanied by an assessment of 

the needs of people with disabilities that includes the categories of 

disabilities currently served, validates the value of such a consolidation, considers the input of stakeholders, and establishes the 

basis for any proposed efficiencies and commonalities. 

Within the total for Birth Defects and Developmental Diseases, 

the conference agreement includes the following amounts: 


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Budget activity Conference 

Child Health and Development ............................................................................................................................ $62,295,000 

Birth Defects ............................................................................................................................................... 20,304,000 

Craniofacial Malformation ........................................................................................................................... 1,809,000 

Fetal Death. ................................................................................................................................................. 808,000 

Fetal Alcohol Syndrome ............................................................................................................................... 9,891,000 

Folic Acid ..................................................................................................................................................... 2,795,000 

Infant Health ............................................................................................................................................... 7,925,000 

Autism ......................................................................................................................................................... 21,380,000 

Health and Development for People with Disabilities. ........................................................................................ 56,920,000 

Disability & Health (incl. Child Development) ............................................................................................ 17,893,000 

Limb Loss. ................................................................................................................................................... 2,836,000 

Tourette Syndrome ....................................................................................................................................... 1,701,000 

Early Hearing Detection and Intervention ................................................................................................... 10,672,000 

Muscular Dystrophy ..................................................................................................................................... 5,865,000 

Paralysis Resource Center ........................................................................................................................... 6,739,000 

Attention Deficit Hyperactivity Disorder ...................................................................................................... 1,718,000 

Fragile X ...................................................................................................................................................... 1,684,000 

Spina Bifida ................................................................................................................................................ 5,812,000 

Congenital Heart Failure ............................................................................................................................. 2,000,000 

Public Health Approach to Blood Disorders ......................................................................................................... 18,857,000 

Hemophilia ................................................................................................................................................... 16,670,000 

Thallasemia ................................................................................................................................................. 1,861,000 

Congenital Heart Disease.—The conferees are concerned that 

there is a lack of rigorous epidemiological and longitudinal data on 

individuals of all ages with congenital heart disease and has included funding to begin to compile this information. The conferees 

are particularly interested in information on prevalence, barriers to 

effective care, survival outcomes and neurocognitive outcomes. 

PUBLIC HEALTH SCIENTIFIC SERVICES

The conference agreement includes $144,795,000 for public health scientific services. In addition, $247,769,000 is made available under section 241 of the PHS Act. 

Within the total for Public Health Scientific Services, the conference agreement includes the following amounts: 

Budget activity FY 2012 

Committee 

Health Statistics ................................................................................................................................................... 138,683,000 

Surveillance, Epidemiology, and Infomatics ........................................................................................................ 217,747,000 

Public Health Workforce ....................................................................................................................................... 36,134,000 

The conferees remain supportive of the Primary Immunodeficiency Education and Awareness Program. The program has 

successfully leveraged federal money and private contributions to 

improve the quality of life for these patients. 

ENVIRONMENTAL HEALTH

The conference agreement includes $105,598,000 for environmental health programs. 

Within the total for Environmental Health, the conference 

agreement includes the following amounts: 

Budget activity Conference 

Environmental Health Laboratory ......................................................................................................................... $42,628,000 

Newborn Screening Quality Assurance Program ............................................................................................. 6,865,000 

Newborn Screening/Severe Combined Immuno. Diseases. .............................................................................. 970,000 


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Budget activity Conference 

Environmental Health Activities ........................................................................................................................... 35,526,000 

Safe Water ....................................................................................................................................................... 7,150,000 

Volcanic Emissions .......................................................................................................................................... 197,000 

Environmental and Health Outcome Tracking ................................................................................................. 0 

Amyotrophic Lateral Sclerosis (ALS) Registry .................................................................................................. 5,903,000 

Climate Change ............................................................................................................................................... 7,401,000 

Built Environment and Health Initiative ......................................................................................................... 2,634,000 

Asthma ................................................................................................................................................................. 25,444,000 

Lead Poisoning ..................................................................................................................................................... 2,000,000 

The conferees direct CDC to continue its support of the National Asthma Control Program as currently structured. 

The conferees intend that the funds provided for the CDC lead 

poisoning program be used to maintain expertise and analysis at 

the national level and to provide a resource for States and localities. 

INJURY PREVENTION AND CONTROL

The conference agreement includes $138,480,000 for injury prevention and control activities. 

Within the total for Injury Prevention and Control, the conference agreement includes the following amounts: 

Budget activity Conference 

Intentional Injury .................................................................................................................................................. $93,690,000 

Domestic Violence and Sexual Violence .......................................................................................................... 31,315,000 

Child Maltreatment ............................................................................................................................ 6,974,000 

Youth Violence Prevention ............................................................................................................................... 15,000,000 

Domestic Violence Community Projects ........................................................................................................... 5,423,000 

Rape Prevention ............................................................................................................................................... 39,474,000 

Unintentional Injury .............................................................................................................................................. 31,315,000 

Traumatic Brain Injury ..................................................................................................................................... 6,039,000 

Elderly Falls ..................................................................................................................................................... 1,963,000 

Injury Control Research Centers .......................................................................................................................... 9,996,000 

National Violent Death Reporting System ............................................................................................................ 3,479,000 

NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH

The conference agreement includes $182,903,000 for Occupational Safety and Health. In addition, $110,724,000 is made available under section 241 of the PHS Act. 

Within the total for Occupational Safety and Health, the conference agreement includes the following amounts: 

Budget activity FY 2012 

Committee 

Education and Research Centers ......................................................................................................................... $24,321,000 

Personal Protective Technology ............................................................................................................................ 16,828,000 

Healthier Workforce Centers ................................................................................................................................. 5,026,000 

National Occupational Research Agenda ............................................................................................................. 111,367,000 

Mining Research ................................................................................................................................................... 52,687,000 

Other Occupational Safety and Health Research ................................................................................................ 83,398,000 

Miners Choice .................................................................................................................................................. 647,000 

National Mesothelioma Registry and Tissue Bank .......................................................................................... 1,022,000 

Within the total for the National Occupational Research Agenda, the conferees provide no less than fiscal year 2011 levels for the 

Agriculture, Forestry, and Fishing Program. 


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ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

PROGRAM

The conference agreement includes $55,358,000 for CDC’s responsibilities with respect to the Energy Employee Occupational 

Illness Compensation Program. 

GLOBAL HEALTH

The conference agreement includes $349,547,000 for global 

health activities. 

Within the total for Global Health, the conference agreement 

includes the following amounts: 

Budget activity FY 2012 

Committee 

Global AIDS Program ............................................................................................................................................ $118,023,000 

Global Immunization Program .............................................................................................................................. 160,854,000 

Polio Eradication .............................................................................................................................................. 111,597,000 

Other Global/Measles ....................................................................................................................................... 49,257,000 

Global Disease Detection and Emergency Response ........................................................................................... 41,902,000 

Parasitic Diseases/Malaria ................................................................................................................................... 19,467,000 

Global Public Health ............................................................................................................................................ 9,301,000 

PUBLIC HEALTH PREPAREDNESS AND RESPONSE

The conference agreement includes $1,306,906,000 for public 

health preparedness and response activities. 

Within the total for Public Health Preparedness and Response, 

the conference agreement includes the following amounts: 

Budget activity Conference 

Public Health Emergency Preparedness Cooperative Agreements ....................................................................... $643,069,000 

Centers for Public Health Preparedness .............................................................................................................. 7,997,000 

Advanced Practice Centers .................................................................................................................................. 0 

All Other State and Local Capacity ..................................................................................................................... 7,784,000 

CDC Preparedness and Response ........................................................................................................................ 138,570,000 

BioSense ........................................................................................................................................................... 20,772,000 

Lab Reporting .................................................................................................................................................. 8,092,000 

Strategic National Stockpile ................................................................................................................................. 509,486,000 

CDC-WIDE ACTIVITIES

The conference agreement includes $621,445,000 for CDC-wide 

activities. 

Within the total for CDC-Wide Activities, the conference agreement includes the following amounts: 

Budget activity FY 2012 

Committee 

Preventive Health/Health Services Block ............................................................................................................. $80,000,000 

Business Services Support ................................................................................................................................... 397,026,000 

Buildings and Facilities ....................................................................................................................................... 25,000,000 

Public Health Leadership ..................................................................................................................................... 119,419,000 

The conference agreement includes language making Vessel 

Sanitation Program user fees available through September 30, 

2013. 

Working Capital Fund.—The conferees have included bill language that allows CDC to begin creating a Working Capital Fund 


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(WCF) to achieve greater cost efficiencies across the administrative 

operations of the agency. The conferees expect this WCF to begin 

making disbursements no sooner than fiscal year 2014. CDC shall 

notify the House and Senate Committees on Appropriations prior 

to any funds being transferred to or deposited in the WCF. 

The conferees direct CDC to create a strong auditing system 

for the WCF, which shall include annual auditing of the calculation 

by which programs are charged to ensure that WCF funds are used 

solely for administrative costs and that CDC Centers and Offices 

are not over-charged for services. The conferees instruct that the 

structure of the WCF shall assume no more than a 2 year availability of any funds within it, that no construction of facilities shall 

be allowable costs, and that all allowable costs are clearly defined. 

The conferees further direct that the governance system be designed to include a role for all Center Directors in overseeing the 

costs incurred. The Committees on Appropriations expect quarterly 

briefings on the progress being made in drafting the charter and 

the methodology being used to set up the WCF. 

Within the amount provided for Business Services, the con- ferees have made $30,000,000 available until September 30, 2013. 

NATIONAL INSTITUTES OF HEALTH

The conference agreement includes $30,689,990,000 for the accounts that comprise the National Institutes of Health (NIH) total 

appropriation. This total does not include any funding for the Global Fund to Fight AIDS, Tuberculosis and Malaria; the conferees understand that all fiscal year 2012 funding for the Global Fund is 

provided through Division I (Department of State, Foreign Operations, and Related Programs). The conference agreement continues the allocation to NIH of $8,200,000 in program evaluation 

set-aside funding. Appropriation levels for individual institutes and 

centers are described in the table at the end of this statement of 

managers. 

The conferees recognize NIH’s mission to invest in basic biomedical research and apply that knowledge to enhance our Nation’s 

health and well-being, lengthen life, and reduce the burdens of illness and disability. NIH is strongly urged to ensure its policies 

continue to support a robust extramural community and make certain sufficient research resources are available to the more than 

300,000 NIH-supported scientists at over 3,100 institutions across 

the country. The conferees affirm the critical importance of new 

and competing research project grants (RPGs) to the mission of 

NIH and are concerned that in the past few years, NIH has failed 

to support the number of new, competing RPGs that it estimated 

would be awarded in its annual congressional budget justifications. 

The conferees expect NIH to evaluate its new grant-estimating 

methodology to improve its accuracy and support as many scientifically meritorious new and competing RPGs as possible, at a reasonable award level, with the funding provided in this Act. 

In recent years, extramural research has accounted for nearly 

90 percent of NIH’s budget. The conferees strongly urge NIH to 

maintain at least that level in fiscal year 2012. NIH should also 

establish safeguards to ensure the percentage of funds used to support basic research across NIH is maintained. 


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The Office of the Director (OD) shall ensure, as practicable, the 

programs and offices within OD receive increases proportional to 

the overall increase, unless otherwise specified. The conferees request quarterly notification on obligations from the NIH Director’s 

Discretionary Fund to the Committees on Appropriations of the 

House of Representatives and the Senate. 

The conferees expect NIH to continue the long-standing policy 

for Common Fund projects to be short-term, high-impact awards, 

with no projects receiving funding for more than 10 years. The conferees recognize that certain investigator-initiated programs such 

as Pioneer Awards may be exceptions to the 10-year limit. Any 

other proposed exceptions should be explained in the fiscal year 

2013 congressional budget justification. 

The conference agreement includes language to eliminate the 

National Center for Research Resources (NCRR) and create the National Center for Advancing Translational Sciences (NCATS). 

NCATS will study steps in the therapeutics development and 

implementation process, consult with experts in academia and the 

biotechnology and pharmaceutical industries to identify bottlenecks 

in the processes that are amenable to re-engineering, and develop 

new technologies and innovative methods for streamlining the processes. In order to evaluate these innovations and new approaches, 

NCATS will undertake targeted therapeutics development and implementation projects. In all of these efforts, the conferees expect 

that NCATS will complement, not compete with, the efforts of the 

private sector. 

While the conferees welcome the creation of NCATS, they were 

disappointed by the way the administration requested it. The 

President’s proposed budget for fiscal year 2012 included a vague 

description of NCATS but did not formally request funding for the 

restructuring or provide any details about which components of 

NIH would be consolidated into the new Center. The failure to do 

so caused unnecessary uncertainty about the proposal and contributed to the impression that it was being rushed. The conferees are 

also aware of concerns that the NIH process for evaluating the 

merits of the NCATS reorganization did not comply with the NIH 

Reform Act of 2006 with respect to the role of the Scientific Management Review Board (SMRB). 

Lessons learned with NCATS should guide NIH as it considers 

another proposed restructuring, one that would involve consolidating NIDA, NIAAA and components of other Institutes and Centers (ICs) into a new Institute devoted to research on substance 

use, abuse and addiction. The conferees understand that NIH plans 

to adopt a more deliberate approach in evaluating the need for this 

Institute. The conferees strongly recommend that this approach 

should include full consideration by the SMRB and that if the administration ultimately decides to seek such a restructuring, it 

should provide sufficient details in a formal budget request to Congress. 

The following table provides the specific funding levels for the 

institutes and centers and displays the comparable adjustments related to the reorganization. 


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(Dollars in thousands) FY 2011 

Enacted* 

Reallocation of 

resources 

FY 2011 

Reorganization 

comparable 

FY 2012 Enacted 

National Cancer Institute (NCI) ..................................... $5,058,577 ¥4,163 $5,054,414 $5,081,788 

Therapeutics for Rare and Neglected Disease 

(TRND) ............................................................... ........................ ¥4,163 ........................ ........................

National Heart, Lung, and Blood Institute (NHLBI) ...... 3,069,723 ¥1,489 3,068,234 3,084,851 

Clinical Research Resources ................................ ........................ +995 

Biotechnology Research Resources ....................... ........................ +29 

Research Management & Support ........................ ........................ +14 

TRND ...................................................................... ........................ ¥2,527 

National Institute of Dental & Craniofacial Research 

(NIDCR) ...................................................................... 409,608 ¥337 409,271 411,488 

TRND ...................................................................... ........................ ¥337 0 

Nat. Inst. of Diabetes & Digestive & Kidney Diseases 

(NIDDK) ...................................................................... 1,792,224 ¥1,476 1,790,748 1,800,447 

TRND ...................................................................... ........................ ¥1,476 

National Institute of Neurological Disorders and Stroke 

(NINDS) ...................................................................... 1,622,003 ¥1,335 1,620,668 1,629,445 

TRND ...................................................................... ........................ ¥1,335 

National Institute of Allergy and Infectious Diseases 

(NIAID) ........................................................................ 4,478,668 ¥3,689 4,474,979 4,499,215 

TRND ...................................................................... ........................ ¥3,689 

National Institute of General Medical Sciences 

(NIGMS) ...................................................................... 2,033,782 +338,010 2,371,792 2,434,637 

Institutional Development Awards (IDeA) ............. ........................ +226,480 

Biotechnology Research Resources ....................... ........................ +97,114 ........................ ........................

Research Infrastructure ........................................ ........................ +8,853 ........................ ........................

Research Management & Support ........................ ........................ +7,237 ........................ ........................

TRND ...................................................................... ........................ ¥1,674 ........................ ........................

Nat. Inst. of Child Health and Human Development 

(NICHD) ...................................................................... 1,317,854 ¥1,085 1,316,769 1,323,900 

TRND ...................................................................... ........................ ¥1,085 

National Eye Institute (NEI) ........................................... 700,828 ¥577 700,251 704,043 

TRND ...................................................................... ........................ ¥577 ........................ ........................

National Institute of Environmental Health Sciences 

(NIEHS) ....................................................................... 683,724 ¥555 683,169 686,869 

TRND ...................................................................... ........................ ¥555 

National Institute on Aging (NIA) .................................. 1,100,481 ¥906 1,099,575 1,105,530 

TRND ...................................................................... ........................ ¥906 ........................ ........................

Nat. Inst. Arthritis & Musculoskeletal & Skin Diseases 

(NIAMS) ...................................................................... 534,349 ¥440 533,909 536,801 

TRND ...................................................................... ........................ ¥440 ........................ ........................

Nat. Inst. on Deafness & Other Communication Disorders (NIDCD) ........................................................... 415,155 ¥341 414,814 417,061 

TRND ...................................................................... ........................ ¥341 ........................ ........................

National Institute of Mental Health (NIMH) .................. 1,476,294 ¥1,215 1,475,079 1,483,068 

TRND ...................................................................... ........................ ¥1,215 ........................ ........................

National Institute on Drug Abuse (NIDA) ...................... 1,050,542 ¥865 1,049,677 1,055,362 

TRND ...................................................................... ........................ ¥865 ........................ ........................

National Institute on Alcohol Abuse and Alcoholism 

(NIAAA) ....................................................................... 458,286 ¥377 457,909 460,389 

TRND ...................................................................... ........................ ¥377 ........................ ........................

National Institute of Nursing Research (NINR) ............. 144,381 ¥119 144,262 145,043 

TRND ...................................................................... ........................ ¥119 

National Human Genome Research Institute (NHGRI) .. 511,497 ¥421 511,076 513,844 

TRND ...................................................................... ........................ ¥421 ........................ ........................

National Institute of Biomedical Imaging and Bioengineering (NIBIB) ................................................... 313,802 +23,370 337,172 338,998 

Biotechnology Research Resources ....................... ........................ +22,977 ........................ ........................

Research Management & Support ........................ ........................ +651 ........................ ........................

TRND ...................................................................... ........................ ¥258 ........................ ........................

National Institute on Minority Health and Health Disparities (NIMHD) ........................................................ 209,714 +65,757 275,471 276,963 

Research Centers in Minority Institutions ............ ........................ +58,686 ........................ ........................

Biotechnology Research Resources ....................... ........................ +1,784 ........................ ........................

Research Infrastructure ........................................ ........................ +2,578 ........................ ........................

Research Management & Support ........................ ........................ +2,882 ........................ ........................


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(Dollars in thousands) FY 2011 

Enacted* 

Reallocation of 

resources 

FY 2011 

Reorganization 

comparable 

FY 2012 Enacted 

TRND ...................................................................... ........................ ¥173 ........................ ........................

National Center for Research Resources (NCRR) .......... 1,257,754 ¥1,257,754 0 0 

National Center for Complementary and Alternative 

Medicine (NCCAM) ..................................................... 127,713 ¥105 127,608 128,299 

TRND ...................................................................... ........................ ¥105 ........................ 0 

John E. Fogarty International Center (FIC) .................... 69,436 ¥58 69,378 69,754 

TRND ...................................................................... ........................ ¥58 ........................ 0 

National Library of Medicine (NLM) ............................... 336,733 ¥277 336,456 338,278 

TRND ...................................................................... ........................ ¥277 ........................ 0 

Office of the Director (OD) ............................................ 1,166,963 +287,042 1,454,005 1,461,880 

Comparative Medicine (incl. Nat’l Primate Res. 

Centers) ............................................................ ........................ +194,921 ........................ ........................

Shared & High-end Instrumentation .................... ........................ +64,114 ........................ ........................

Clinical Research Resources ................................ ........................ +769 ........................ ........................

Biotechnology Research Resources ....................... ........................ +8,505 ........................ ........................

Research Infrastructure ........................................ ........................ +6,655 ........................ ........................

Research Management & Support ........................ ........................ +9,594 ........................ ........................

Science Education Partnership Award .................. ........................ +18,480 ........................ ........................

Clinical Research Resources ................................ ........................ +534 ........................ ........................

Biotechnology Research Resources ....................... ........................ +552 ........................ ........................

Research Management & Support ........................ ........................ +716 ........................ ........................

Office of Rare Diseases Research ........................ ........................ ¥17,798 ........................ ........................

National Center for Advancing Translational Sciences 

(NCATS) ...................................................................... 0 +563,405 563,405 576,456 

Clinical & Translational Science Awards (CTSAs) ........................ +457,700 ........................ ........................

Clinical Research Resources ................................ ........................ +27,879 ........................ ........................

Biotechnology Research Resources ....................... ........................ +18,633 ........................ ........................

Research Management & Support ........................ ........................ +16,316 ........................ ........................

NCBI/PA ................................................................. ........................ +1,079 ........................ ........................

TRND ...................................................................... ........................ +24,000 ........................ ........................

Office of Rare Diseases Research ........................ ........................ +17,798 ........................ ........................

Cures Acceleration Network (CAN) ........................ ........................ 0 ........................ ........................

Note: The FY 2011 enacted level does not include transfers. 

Cures Acceleration Network (CAN).—The conferees provide 

NCATS with up to $10,000,000 to support the CAN Board and related activities. The conferees expect a high bar for any use of 

waiver authority for CAN grant matching funds; any use should be 

extremely limited to maximize funds towards the CAN goals. The 

conferees encourage the CAN Board to create general principles 

and measurable outcomes to track success. The conferees request 

NCATS to charter an Institute of Medicine (IOM) work group to review, evaluate, and identify issues related to the CAN authority 

and provide a report for use by the CAN Board to help it identify 

ways to accelerate and expand the number of cures. The report 

should include a survey and inventory of activities at NIH, FDA, 

AHRQ, CDC, the Patent and Trademark Office (PTO), and in the 

private sector that relate to the CAN program. The conferees urge 

IOM to include balanced participation by the entities listed above 

as well as the representatives of the pharmaceutical and biotechnology industry and the biotech venture capital community. 

The report should address patent authority, marketability, use of 

high-throughput analysis, regulatory timelines, and cost structure 

issues related to the purpose of CAN. 

Accelerating Commercialization of Therapies to Patients.—The 

conferees understand the need to develop models to assist research 

universities and institutes on the best ways to leverage and commercialize federally supported basic and applied biomedical reVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01140 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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search discoveries. This is a key reason why the conferees have 

agreed to create NCATS. The conferees note the market has started to develop public-private sector models that are beginning to 

show results in translating basic research far more quickly than 

traditional models. These types of models use pre-defined technology-licensing terms to rapidly license new products and build a 

core of options for commercialization partnerships with pharmaceutical and biotechnology companies to establish joint ventures to 

further advance products to the market. The conferees strongly 

urge NIH to study and foster these models. 

The conferees expect any NIH-supported partnerships to expand translational pharmaceutical development in a manner that 

does not inhibit creative market models. Top priorities of the Center should include developing tools to improve the ‘‘de-risking’’ 

process and advancing the drug development process to the point 

at which it can reasonably be expected to be picked up by the private sector. The conferees suggest the selection of Center projects 

should consider future market acceptance as one component of the 

criteria to evaluate and select potential Center projects. The conferees direct NIH to host a trans-NIH workshop with key research 

organizations, venture capitalists, pharmaceutical firms, the PTO, 

the FDA, and a sample of research universities and institutes to 

work together with NIH and the drug development market. The 

workshop should also consider how existing NIH and government 

mechanisms can be used to encourage models around the country 

to speed commercialization of therapies through a market-based 

approach. 

Clinical and Translational Science Awards (CTSAs).—The conferees are encouraged by the success of the CTSA consortium and 

recommend the program receive full funding as it nears full implementation. The conferees expect the NCATS Director to ensure the 

current focus on the full spectrum of translational research is 

maintained, and CTSA resources are not diverted. The inclusion of 

patient-centered research, community engagement, training, dissemination science, and behavioral research is extremely important 

to the translation and application of basic science discoveries and 

success of the CTSAs. CTSAs now represent an investment of half 

a decade of innovation in translational research. To ensure the benefits of this investment are maintained, the conferees urge NIH to 

support a study by the IOM that would evaluate the CTSA program and recommend whether changes to the current mission are 

needed. The review should include stakeholders’ input and be 

available no later than 18 months after the enactment of this bill. 

Therapeutics for Rare and Neglected Disease (TRND) Program.—The conferees continue support for TRND at a level of 

$24,000,000 within NCATS. The conferees urge NIH to provide an 

annual report on the TRND program that identifies the number of 

projects started each year, cost per project, and the outcome of each 

project. The first report should be provided to the Committees on 

Appropriations by July 1, 2012. 

Institutional Development Awards.—The conferees provide 

$276,480,000 to increase support for the Institutional Development 

Awards (IDeA) program. The conferees recognize the importance of 

the Centers of Biomedical Research Excellence (COBRE) and the 


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IDeA Networks of Biomedical Research Excellence (INBRE) programs. The conferees believe the IDeA program has made a significant contribution to biomedical research and creating a skilled 

workforce. Therefore, the conferees provide a $45,882,000 increase 

and recommend it be divided equally toward a new COBRE competition and to support new awards for the IDeA Clinical Trial and 

Translation Program to develop infrastructure for clinical and 

translational research in IDeA States. The conferees encourage the 

NIH Director to expand the program to support co-funding of IDeA 

projects across NIH ICs to foster the development of efforts in IDeA 

State programs. Further, as an Office of Experimental Program to 

Stimulate Competitive Research (EPSCoR) program, the focus of 

IDeA should continue to be on improving the necessary infrastructure and strengthening the biomedical research capacity and capability of research institutions. Unfortunately, many institutions in 

EPSCoR-qualifying States who could benefit from the IDeA program are ineligible for funding. The conferees encourage NIH to revise current eligibility criteria to take into account how the decreasing success rate for R01 grants NIH-wide is affecting IDeA eligibility. In particular, the conferees believe the IDeA Director 

should have the authority to consider funding institutions in any 

State that is EPSCoR eligible. The conferees urge NIH to develop 

criteria to incorporate flexibility into the program to address these 

concerns. The conferees request an update on both the IDeA eligibility criteria proposals and funding level by State and major activities, to include the co-funding activity, in the fiscal year 2013 

congressional budget justification. 

Third Party Collections 3-Year Pilot.—Since fiscal year 1997, 

Congress has included bill language authorizing NIH to ‘‘collect 

third party payments for the cost of clinical services that are incurred in NIH research facilities.’’ NIH has not yet exercised that 

authority. A recent study released in September that was conducted by PricewaterhouseCoopers LLP (PwC) found that there are 

numerous potential advantages as well as potential disadvantages 

to implementing a third party billing program. ‘‘The potential use 

of third party billing represents a significant investment and enduring change for the NIH Clinical Center,’’ the study states. ‘‘As 

such, additional efforts beyond the 14-week study represented in 

this report may be undertaken to more fully consider the challenges associated with the use of third party billing and the opportunities that may exist.’’ The conferees concur with this observation 

and therefore direct NIH to conduct a 3-year pilot study to assess 

the viability of third party reimbursement at NIH by looking at one 

of the services commonly used by a significant number of outpatients at some point in the patient’s protocol. One possible example would be radiology services, but this is not the only option. The 

Committees on Appropriations expect to be briefed on the proposed 

subject area and scope of the pilot before it is finalized. The conferees include $10,000,000 for the Clinical Center for the costs of 

building the billing infrastructure for the pilot. 

Neuroblastoma.—The conferees note the promising results of a 

recent clinical trial using a chimeric antibody to treat newly diagnosed neuroblastoma patients. The conferees support efforts to faVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01142 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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cilitate access to this new therapy for relapsed patients and request 

an update in the fiscal year 2013 congressional budget request. 

Clinical Trials.—The conferees are aware of a 2010 IOM study 

on clinical trials that identified a number of concerns which may 

apply across all ICs. 

The conferees direct NIH to conduct a trans-NIH review of the 

applicability of the 12 IOM recommendations to all NIH ICs that 

conduct clinical trials. The review should examine ways to develop 

and strengthen NIH-wide policies with a focus on opportunities to 

improve the incorporation of innovative science, increase speed of 

initiation and completion, improve the means of setting priorities, 

and develop better incentives for participation in clinical trials. 

The conferees note the report found it takes over 900 days to 

open a clinical trial, but trials supported through the American Recovery and Reinvestment Act developed methods to open studies 

within 90 days. The conferees encourage NIH to consider guidance 

to incorporate the 90-day opening model into other NIH-wide clinical trial activity. 

The review should examine the policies of each IC regarding 

funding for variable accrual costs per case, and ensure consistent 

guidelines across NIH. Specifically, the review should examine the 

viability and effect on speed of opening trials of a multi-tier system 

in which payments for cost-per-accrual vary according to the time 

required to open the trial. Furthermore, the review should examine 

the methods and processes ICs use to prioritize clinical trials based 

on peer-review input, funding, and other ways to optimize selection 

of studies. 

The conferees request a report by September 30, 2012, that 

identifies the findings, proposed policy changes, implementation 

timeline, and key measures NIH will use to monitor clinical trial 

activity. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

The conference agreement includes $3,354,313,000 for the Substance Abuse and Mental Health Services Administration 

(SAMHSA). In addition, the conference agreement makes available 

$129,667,000 under section 241 of the Public Health Service (PHS) 

Act. 

The conference agreement includes bill language that divides 

SAMHSA into several accounts to improve transparency and accountability. The conferees direct that future budget requests, to 

include the fiscal year 2013 budget request, reflect this new structure. Further, the conferees direct SAMHSA to include in its budget justification the specific funding increases, decreases and FTE 

changes being requested by program, project or activity, along with 

a detailed description of activities funded under each program, the 

number of new and continuing grants made; the average grant 

size; and a State-by-State table for any formula-based funding for 

all budget lines included in this Statement of the Managers. The 

conferees expect that SAMHSA shall not make changes to any program, project, or activity as outlined by the budget tables included 

in this Statement of the Managers without prior notification to the 

House and Senate Committees on Appropriations. 


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The conferees have provided funding for Programs of Regional 

and National Significance under each of SAMHSA’s statutorily-created Centers rather than consolidate funding into a single account 

for Innovation and Emerging Issues, as proposed in the budget request. 

MENTAL HEALTH

The conference agreement includes $934,853,000 for Mental 

Health. In addition, $21,039,000 is made available under section 

241 of the PHS Act. 

Within the total provided for Mental Health Programs of Regional and National Significance, the conference agreement includes the following amounts: 

Budget activity Conference 

Capacity: 

Co-Occurring State Incentive Grant ................................................................................................................ 0 

Seclusion & Restraint ...................................................................................................................................... 2,449,000 

Youth Violence Prevention ............................................................................................................................... 23,200,000 

National Traumatic Stress Network ................................................................................................................. 45,800,000 

Children and Family Programs. ....................................................................................................................... 6,486,000 

Consumer and Family Network Grants . ......................................................................................................... 6,236,000 

MH System Transformation and Health Reform. ............................................................................................. 10,623,000 

Project LAUNCH ................................................................................................................................................ 34,706,000 

Primary and Behavioral Health Care Integration. ........................................................................................... 30,807,000 

Community Resilience and Recovery Initiative ............................................................................................... 0 

Suicide Lifeline ................................................................................................................................................ 5,522,000 

GLS—Youth Suicide Prevention—States ........................................................................................................ 29,738,000 

GLS—Youth Suicide Prevention—Campus ..................................................................................................... 4,975,000 

AI/AN Suicide Prevention Initiative .................................................................................................................. 2,944,000 

Homelessness Prevention Programs ................................................................................................................ 30,830,000 

Older Adult Programs ...................................................................................................................................... 0 

Minority AIDS .................................................................................................................................................... 9,283,000 

Criminal and Juvenile Justice Programs ......................................................................................................... 6,684,000 

Science and Service: 

GLS—Suicide Prevention Resource Center ..................................................................................................... 4,957,000 

Information Dissemination and Training ......................................................................................................... 7,878,000 

Consumer & Consumer Support T.A. Centers ................................................................................................. 1,927,000 

Primary/Behavioral Health Integration TA ....................................................................................................... 2,000,000 

Minority Fellowship Program ............................................................................................................................ 5,099,000 

Disaster Response ........................................................................................................................................... 1,054,000 

Homelessness ................................................................................................................................................... 2,306,000 

HIV/AIDS Education .......................................................................................................................................... 774,000 

Within the funds provided for the National Child Traumatic 

Stress Network, the conferees provide $1,000,000 for continued 

data analysis and reports related to the National Center for Child 

Traumatic Stress core data set. 

The conferees intend that funds provided to Project LAUNCH 

should not duplicate activities eligible for funding elsewhere in 

HHS. 

The conferees intend that all grants awarded for the Primary 

and Behavioral Health Integration program are funded under the 

authorities in section 520(K) of the PHS Act. In addition, the conferees have provided $2,000,000 under a separate budget line for 

SAMHSA to provide technical assistance related to this program. 

Within the funds provided for the Minority Fellowship Program, the conferees have provided an increase in funding to allow 

SAMHSA to increase the pool of culturally competent mental 


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health professionals by granting professional counselors eligibility 

to participate in the program. 

SUBSTANCE ABUSE TREATMENT

The conference agreement includes $2,123,993,000 for Sub- stance Abuse Treatment. In addition, $81,200,000 is made available under section 241 of the PHS Act. 

Within the total provided for Programs of Regional and National Significance, the conference agreement includes the following 

amounts: 

Budget activity Conference 

Capacity: 

Co-occurring State Incentive Grants (SIGs) ................................................................................................ 0 

Opioid Treatment Programs/Regulatory Activities ...................................................................................... 8,903,000 

Screening, Brief Intervention, Referral, & Treatment ................................................................................. 28,237,000 

TCE—General .............................................................................................................................................. 28,033,000 

Pregnant & Postpartum Women .................................................................................................................. 16,000,000 

Strengthening Treatment Access and Retention ........................................................................................ 1,675,000 

Recovery Community Services Program ...................................................................................................... 2,450,000 

Access to Recovery ...................................................................................................................................... 98,454,000 

Children and Families. ................................................................................................................................ 30,678,000 

Treatment Systems for Homeless ................................................................................................................ 41,650,000 

Minority AIDS ............................................................................................................................................... 65,988,000 

Criminal Justice Activities ........................................................................................................................... 67,635,000 

NASPER ........................................................................................................................................................ 0 

Science and Service: 

Addiction Technology Transfer Centers ....................................................................................................... 9,081,000 

Minority Fellowship Program ....................................................................................................................... 547,000 

Special Initiatives/Outreach ........................................................................................................................ 2,271,000 

The conferees direct SAMHSA to ensure that Addiction Technology Transfer Centers continue to maintain a primary focus on 

addiction treatment and recovery services in order to strengthen 

the addiction workforce. 

The conferees direct SAMHSA to ensure that all funding appropriated to the Center for Substance Abuse Treatment for drug 

treatment courts is allocated to serve people diagnosed with a substance use disorder as their primary condition. 

The conferees direct SAMHSA to ensure that funds provided 

for SBIRT are used for existing evidence-based models of providing 

early intervention and treatment services to those at risk of developing substance abuse disorders. 

SUBSTANCE ABUSE PREVENTION

The conference agreement includes $186,361,000 for Substance 

Abuse Prevention. 

Within the total provided for Programs of Regional and National Significance, the conference agreement includes the following 

amounts: 

Budget activity Conference 

Capacity: 

Strategic Prevention Framework/Partnerships for Success ........................................................................ 110,015,000 

Mandatory Drug Testing .............................................................................................................................. 5,206,000 

Minority AIDS ............................................................................................................................................... 41,385,000 

Sober Truth on Preventing Underage Drinking (STOP Act) ......................................................................... 7,000,000 

National Adult-Oriented Media Public Service Campaign ................................................................. 1,000,000

Community-based Coalition Enhancement Grants ............................................................................ 5,000,000 


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1142 

Budget activity Conference 

Intergovernmental Coordinating Committee on the Prevention of Underage Drinking ..................... 1,000,000 

Science and Service: 

Fetal Alcohol Spectrum Disorder ................................................................................................................. 9,821,000 

Center for the Application of Prevention Technologies. ............................................................................. 8,074,000 

Science and Service Program Coordination ................................................................................................ 4,789,000 

Minority Fellowship Program ....................................................................................................................... 71,000 

The conferees direct SAMHSA to fund the remaining cohort of 

Strategic Prevention Framework State Incentive Grant grantees at 

amounts not less than what they received in fiscal year 2011. 

The conferees note that building on the infrastructure of current and past Drug Free Communities grantees is an effective way 

to invest minimal federal dollars to address underage drinking 

issues at the community level. 

HEALTH SURVEILLANCE AND PROGRAM SUPPORT

The conference agreement includes $109,106,000 for health 

surveillance and program support activities. In addition, 

$27,428,000 is made available under section 241 of the PHS Act. 

The conferees have included $3,500,000 to conduct Military 

Families Initiatives policy academies. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

The conference agreement includes a program level of 

$369,053,000 for the Agency for Healthcare Research and Quality. 

The conference agreement makes these funds available through 

section 241 of the Public Health Service (PHS) Act. 

Within the total for the Crosscutting Activities Related to 

Quality, Effectiveness and Efficiency Research portfolio, the conferees provide $43,364,000 for investigator-initiated research. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

The conference agreement includes $184,279,110,000 for the 

Federal share of current law State Medicaid costs. In addition, the 

agreement includes $90,614,082,000 for program costs in the first 

quarter of fiscal year 2013. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

The conference agreement includes $230,741,378,000 for the 

Payments to Health Care Trust Funds account. 

PROGRAM MANAGEMENT

The conference agreement includes $3,879,476,000 for the Program Management account. The agreement maintains the State 

Health Insurance Assistance Program within the Program Management account. The conferees recommend the following levels within 

the Program Management account: 


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Program Management 

Research, Demonstration and Evaluation ........................................................................................................ $21,200,000 

Program Operations .......................................................................................................................................... 2,663,935,000 

State Survey and Certification ......................................................................................................................... 355,876,000 

State High Risk Insurance Pools ..................................................................................................................... 44,000,000 

Federal Administration ..................................................................................................................................... 794,465,000 

The conferees include funding for Research, Demonstration, 

and Evaluation activities, including the Medicare Current Beneficiary Survey. The conferees encourage CMS to review the programs within this account to determine if they are funded in the 

appropriate budget line. Specifically, CMS is encouraged to evaluate the advantages and disadvantages of moving the Medicare Current Beneficiary Survey into the Program Operations activity. 

Ambulatory Surgical Centers (ASC).—The conferees understand that in 2008, ASCs provided 3.3 million Medicare recipients 

with outpatient surgical services, including screening services. The 

conferees have heard concerns related to the use of the consumer 

price index for urban consumers (CPI–U) to update the payment 

rates of ASCs, a different method than is used for other comparable 

service providers. The conferees request that CMS develop a report 

that compares other potential options for updating the payment 

rates of ASCs and report back the findings in the fiscal year 2013 

budget request. 

CMS Test Environment for Testing Industry Solutions in Secure Settings.—The conferees direct and provide $5,000,000 for 

CMS to provide a test environment ‘‘sandbox’’ where vendors can 

work independently and with CMS to seek solutions and execute 

‘‘proof of concept’’ tests to Medicare issues in a secure environment, 

using Medicare data, on CMS technical architecture. The conferees 

recommend support within the Enterprise IT Activities function to 

establish an isolated, stand-alone test environment for independent 

vendor testing of industry solutions that could provide significant 

benefit to CMS operations. The test environment will provide controlled access to Medicare data to run ‘‘proof of concept’’ tests that 

determine solution effectiveness in addressing Medicare issues 

such as improper payment and quality measurement. The test environment must ensure data privacy and security, comply with 

CMS technical architecture standards, provide temporary access 

and secure connectivity for vendor testing, and make relevant data 

sets available for product testing. The conferees request a report 

and timeline in the fiscal year 2013 budget request. 

Comparison of Residency Position.—The conferees request 

CMS conduct an analysis evaluating the implementation of Section 

5503 of Public Law 111–148 on the allocation of Medicare Graduate 

Medical Education (GME) resident slots to hospitals. This analysis 

shall compare how residency slots are allocated according to two 

assignment strategies. Strategy one is the allocation of GME slots 

according to the current final CMS Federal Rule as published in 

the Federal Register on November 24, 2010. The current final rule 

states that fiscal year 2009 report data not be included if it was 

reported after March 23, 2010. Strategy two involves an assessment of GME slot allocation which includes all fiscal year 2009 cost 

reports, including data for hospitals whose fiscal year ended on December 31, 2009, and as such have cost data reported after March 


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23, 2010. The report of this analysis shall include the number of 

Medicare GME slots allocated to each hospital under the two different allocation strategies. The conferees request CMS provide the 

final report with the detailed hospital level information under each 

option to the House and Senate Appropriations Committees not 

later than 6 months after enactment. 

Dialysis Facilities.—The conferees are concerned by reports of 

delays in the processing for surveys and certifications for dialysis 

facilities and encourage CMS to reduce the wait times. Further, the 

conferees request CMS report back to the Congress within 6 

months on major impediments related to processing applications 

timely and provide its plan to address these impediments. 

The conferees urge CMS to develop an overall strategic plan 

that links its vision for operations, program integrity, information 

technology, and other areas into a comprehensive approach with 

measurable objectives and resources. The conferees request a copy 

of this plan no later than 180 days after enactment. 

HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT

The conference agreement includes $310,377,000 from the 

Medicare trust funds for the Health Care Fraud and Abuse Control 

Account. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

LOW INCOME HOME ENERGY ASSISTANCE

The conference agreement includes $3,478,246,000 for the Low 

Income Home Energy Assistance Program. 

REFUGEE AND ENTRANT ASSISTANCE

The conference agreement includes $769,789,000 for Refugee 

and Entrant Assistance programs. 

Within the total provided for Transitional and Medical Services, the conferees include $65,000,000 for the voluntary agency 

matching grant program. 

Within the total for Unaccompanied Alien Children, the conference agreement includes up to $6,100,000 for the pro bono legal 

services pilot to ensure legal representation for both released and 

detained children. 

CHILD CARE AND DEVELOPMENT BLOCK GRANT

The conference agreement includes $2,282,627,000 for the 

Child Care and Development Block Grant. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

The conference agreement includes $9,926,709,000 for Children 

and Families Services Programs. In addition, $5,762,000 is made 

available under section 241 of the Public Health Service (PHS) Act. 

The conferees direct that not later than 120 days after enactment, ACF shall submit to the Committee on Health, Education, 

Labor and Pensions of the Senate and the Committee on Education 

and the Workforce of the House of Representatives the results of 

the study related to suspected and known instances of child abuse 


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and neglect, as required under section 110(d) of the Child Abuse 

Prevention and Treatment Reauthorization Act of 2010. 

The conference agreement includes up to $10,000,000 for the 

Healthy Foods Financing Initiative within the Community Economic Development Program. 

PROMOTING SAFE AND STABLE FAMILIES

The conference agreement includes $345,000,000 in mandatory 

funds for Promoting Safe and Stable Families. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

The conference agreement includes $1,473,703,000 for Aging 

Services Programs. The conferees urge the Administration on 

Aging to improve its consultation with the Committees on Appropriations regarding any reallocation of funds that may occur after 

the submission of its congressional justification. The conferees have 

not transferred the SHIP program from CMS. 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

The conference agreement includes $475,221,000 for General 

Departmental Management. In addition, the conference agreement 

includes $69,211,000 in funding from the Public Health Service 

program evaluation set-aside. 

Within the funds for the Office of the Secretary, the conference 

agreement designates $1,000,000 for the Office of the Assistant 

Secretary for Financial Resources to begin implementing a new, integrated system that can accurately track and report the Department’s finances, including by source year of the appropriation. 

The conference agreement provides $9,000,000 for the Office of 

the Assistant Secretary for Public Affairs. 

The conference agreement provides $250,000 for the Advisory 

Council on Alzheimer’s Research, Care and Services, $1,000,000 for 

a competitive grant program to provide assistance regarding transportation assistance for individuals with disabilities, $1,000,000 to 

continue the national health education program on lupus for 

healthcare providers, and $3,010,000 to continue the preventing violence against women initiative, all as proposed in Senate Report 

112–84. 

In addition, the conference agreement includes $1,000,000 for 

the Assistant Secretary for Health to contract with the National 

Academy of Sciences to conduct a scientific peer review of the 12th 

Report on Carcinogens determinations related to formaldehyde and 

styrene. Included in the review should be all relevant, peer-reviewed research related to both formaldehyde and styrene. 

The conference agreement includes no funding for the Adolescent Family Life program, as proposed in the budget request. 

The conference agreement provides $104,790,000 for the teenage pregnancy prevention initiative. In addition, $8,455,000 is to be 

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aside, including $4,000,000 to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches. 

The conference agreement also includes $5,000,000 for an abstinence education program. 

OFFICE OF MEDICARE HEARINGS AND APPEALS

The conference agreement includes $72,147,000 for the Office 

of Medicare Hearings and Appeals. 

OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION

TECHNOLOGY

The conference agreement includes $61,257,000 for the Office 

of the National Coordinator for Health Information Technology, of 

which $16,446,000 is provided in budget authority and $44,811,000 

is made available through the Public Health Service program evaluation set-aside. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $50,178,000 for the Office 

of Inspector General. 

OFFICE FOR CIVIL RIGHTS

The conference agreement includes $41,016,000 in budget authority only for the Office for Civil Rights. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $984,452,000 for the Public 

Health and Social Services Emergency Fund. 

Within the total for Preparedness and Emergency Operations, 

the conference agreement includes $10,000,000 to prepare for and 

respond to non-Stafford Act National Special Security Events and 

makes such funds available until September 30, 2014. 

The conferees direct the Biomedical Advanced Research and 

Development Authority to develop a plan to deliver recombinant 

anthrax vaccine to the Strategic National Stockpile by 2015 and 

brief the House and Senate Committees on Appropriations on such 

a plan not later than 60 days after enactment of this Act. 

GENERAL PROVISIONS

SALARY CAP ON GRANTS AND OTHER EXTRAMURAL MECHANISMS

The conference agreement includes a general provision capping 

the permitted use of grant and contract funds that may be used to 

pay the salary of a grantee to Executive Level II and applies the 

cap to all HHS operating divisions funded in this Act. 

TRANSFER AUTHORITY

(TRANSFER OF FUNDS)

The conference agreement modifies a general provision providing the Secretary of Health and Human Services the authority 


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to transfer up to 1 percent of discretionary funds between appropriations accounts. 

CENTERS FOR DISEASE CONTROL AND PREVENTION STAFF TRAINING

The conference agreement modifies a general provision regarding Centers for Disease Control and Prevention Individual Learning Accounts. 

NIH MINOR REPAIRS AND ALTERATIONS

The conference agreement modifies a general provision allowing NIH to use up to $45,000,000 for alteration, repair or improvement of its facilities and caps the amount that can be spent on any 

single project to $3,500,000. 

GUN CONTROL

The conference agreement modifies a provision previously carried in the CDC account that prohibits any HHS operating division 

funded in this Act from being used to advocate or promote gun control. 

FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS

The conference agreement includes a general provision prohibiting creation of a new Federally Funded Research and Development Center unless certain conditions are met. 

TITLE III 

DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

The conference agreement includes $15,750,983,000 for Education for the Disadvantaged. The conference agreement provides 

$4,909,806,000 in fiscal year 2012 and $10,841,177,000 in fiscal 

year 2013 funding for this account. 

For Title I School Improvement Grants, the conference agreement continues bill language permitting fiscal year 2012 appropriations to be used by local educational agencies to serve any Title I, 

part A-eligible school that has not made adequate yearly progress 

for at least two years or is in a State’s lowest quintile of performance based on proficiency rates and, in the case of secondary 

schools, priority shall be given to those schools with graduation 

rates below 60 percent. 

The conference agreement includes language permitting the 

Secretary to establish a maximum subgrant size of $2,000,000 for 

Title I School Improvement Grants and allows the Secretary to reserve up to 5 percent of school improvement funds for State and 

local capacity building. 

The conferees note that many children in schools receiving SIG 

funds face myriad personal, familial, and community challenges 

(including poverty-related stressors), and these challenges follow 

students into their schools, often resulting in distracting, disruptive, and ineffective learning environments. Even the best school 

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related barriers to teaching, learning, and school organization are 

addressed and effective conditions for learning are established. 

These barriers to teaching and learning must be addressed in addition to in-school factors in order to achieve sustained academic success. 

The conferees direct the Department to require that all schools 

receiving SIG funds have a plan in place for addressing the academic and non-academic needs of their students, including improving the overall school climate where necessary, in addition to addressing factors such as the usage of time, instructional practices, 

and professional development and supports. The conferees expect 

the plan to assess and address as appropriate the mental health 

needs and interventions of the students at the school in an integrated manner within the overall turnaround strategy; related 

training and professional development for all staff that increase 

classroom efficacy such as classroom organization and management, including teachers and administrators; access to school-based 

counseling services; the development of school-based systems, such 

as teams, to identify and address individual student academic, behavioral, health, or social needs and to support a positive and developmentally appropriate school climate; and how parents, families and the community will be engaged in this and other aspects 

of the school turnaround process. 

For the Striving Readers program, the conference agreement 

includes $160,000,000 and bill language to continue a comprehensive literacy program for States. 

IMPACT AID

The conference agreement includes $1,293,631,000 for Impact 

Aid. In addition, the conference agreement includes bill language 

providing for competitive grants for Impact Aid construction 

grants. 

SCHOOL IMPROVEMENT PROGRAMS

The conference agreement includes $4,550,018,000 for the 

School Improvement Programs account. The conference agreement 

provides $2,868,577,000 in fiscal year 2012 and $1,681,441,000 in 

fiscal year 2013 funding for this account. 

Within the amount provided for Teacher Quality State Grants, 

the conference agreement provides a set aside of one and one-half 

percent of funds for competitive awards for teacher or principal 

training or professional enhancement activities to national not-forprofit organizations. 

The conference agreement includes bill language that allows 

funds under the Education of Native Hawaiians program to be 

used for construction, renovation, and modernization of any elementary school, secondary school, or related structure run by the 

Department of Education of the State of Hawaii that serves a predominantly Native Hawaiian student body. 

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ute. The conference agreement also allows funds within this program to be used for construction. 

The conferees intend that in providing the technical assistance 

and guidance described in Senate Report 112–84, the Department 

of Education should not give priority to, show preference for, or 

provide direction about whether communities use 21st Century 

Community Learning Center funds for after school, before school, 

summer school or extended school day programs, unless specifically 

requested by a State or local educational agency. 

The conference agreement provides $27,000,000 for the Advanced Placement program. The conferees intend that $20,000,000 

of these funds be used to continue the Advanced Placement Test 

Fee program and that $7,000,000 be used for continuation costs for 

the Advanced Placement Incentive Program. 

INDIAN EDUCATION

The conference agreement includes $131,027,000 for Indian 

Education. 

The conferees recognize that tribal education departments and 

agencies are uniquely situated at the local level to implement innovative education programs to improve Native American education. 

Accordingly, the conference agreement includes $2,000,000 under 

the National Activities line for a pilot project to increase the role 

of tribal education departments in Native American education. In 

the pilot, tribal education agencies would directly administer some 

Elementary and Secondary Education Act programs to enter into 

collaborative agreements with States to work closely with school 

districts located on Indian reservations or former Indian reservations located in Oklahoma. The conferees expect the Department of 

Education to collaborate with the Bureau of Indian Affairs on this 

effort. 

INNOVATION AND IMPROVEMENT

The conference agreement includes $1,530,429,000 for Innovation and Improvement. 

The conference agreement includes $550,000,000 for the Race 

to the Top program and authorizes the Secretary to make grants 

under this authority to local educational agencies. The conferees 

expect that the Secretary will include a robust early childhood education component in administering the Race to the Top competition. 

The conference agreement also authorizes the Secretary to use up 

to five percent of funds under the Race to the Top and Investing 

in Innovation authorities for technical assistance and evaluation of 

these programs. 

The conference agreement continues language in the Teacher 

Incentive Fund program that provides for competitive grants to implement performance-based compensation systems for teachers, 

principals and other personnel in high-need schools. 

In the charter schools program, the conference agreement continues language requiring $23,000,000 to be used to support charter school facilities needs. The conference agreement also includes 

language allowing the Secretary to reserve up to $55,000,000 to 

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tions and other entities that are not-for-profit entities for replication and expansion of successful charter school models. 

The conference agreement also includes bill language for the 

charter school program requiring the Secretary of Education to reserve up to $11,000,000 for national activities for technical assistance, evaluation and to make grants to authorized public chartering agencies in order to increase the number of high-performing 

charter schools. 

Within FIE, the conference agreement includes funding for the 

following activities in the following amounts: 

Budget activity Conference 

agreement 

Arts in Education ................................................................................................................................................. $25,000,000 

Data Quality and Evaluation ................................................................................................................................ 1,300,000 

Full Service Community Schools .......................................................................................................................... 10,113,000 

National Clearinghouse for Educational Facilities .............................................................................................. 733,000 

Peer Review .......................................................................................................................................................... 100,000 

The conference agreement also includes $28,654,000 for a literacy initiative within FIE as described in Senate Report 112–84. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

The conference agreement includes $256,237,000 for Safe Schools and Citizenship Education. Within this total, $60,000,000 

is provided for Promise Neighborhoods with funding available 

through December 31, 2012. 

ENGLISH LANGUAGE ACQUISITION

The conference agreement includes $733,530,000 for English 

Language Acquisition. 

SPECIAL EDUCATION

The conference agreement includes $12,647,066,000 for Special 

Education. The conference agreement provides $3,363,683,000 in 

fiscal year 2012 and $9,283,383,000 in fiscal year 2013 funding for 

this account. 

The conference agreement includes $2,000,000 to remain available through September 30, 2013 for a program to improve the outcomes of children receiving Supplemental Security Income (SSI) 

benefits and their families. The agreement allows States to 

subgrant funds to other public and private non-profit entities. The 

conferees note that additional funds for this PROMISE initiative 

are available through the Rehabilitation Services and Disability 

Research Account and Social Security Administration. 

REHABILITATION SERVICES AND DISABILITY RESEARCH

The conference agreement includes $3,512,019,000 for Rehabilitation Services and Disability Research. 

The conference agreement includes language allowing the Secretary to use amounts that remain available after reallotment of 

State vocational rehabilitation funds for activities to improve the 

outcomes of children receiving SSI benefits and their families, allows States to make subgrants of such funds to other public and 


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private, non-profit entities and extends availability of these funds 

to September 30, 2013. 

The conference agreement provides $2,000,000 for competitive 

grants to support alternative financing programs that provide for 

the purchase of assistive technology (AT) devices. The conferees’ 

goal in providing these funds is to allow greater access to affordable financing to help people with disabilities purchase the specialized technologies needed to live independently, to succeed at school 

and work and to otherwise live active and productive lives. The 

conferees intend that applicants incorporate credit building activities in their programs, including financial education and information about other possible funding sources. Successful applicants 

must emphasize consumer choice and control and build programs 

that will provide financing for the full array of AT devices and 

services and ensure that all people, regardless of type of disability 

or health condition, age, level of income and residence have access 

to the program. 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

The conference agreement includes $65,546,000 for operations 

for the National Technical Institute for the Deaf. The conferees 

have consolidated funds into the operations line for NTID this year 

due to fiscal constraints, but will consider construction funding for 

NTID in the future as needs may warrant. 

GALLAUDET UNIVERSITY

The conference agreement includes $125,754,000 for Gallaudet 

University. The conference agreement includes bill language designating $7,990,000 of this amount for construction and provides that 

the funds are available until expended. 

CAREER, TECHNICAL, AND ADULT EDUCATION

The conference agreement includes $1,738,946,000 for Career, 

Technical, and Adult Education. The conference agreement provides $947,946,000 in fiscal year 2012 funding and $791,000,000 in 

fiscal year 2013 funding for this account. 

STUDENT FINANCIAL ASSISTANCE

The conference agreement includes $24,538,521,000 for Student Financial Assistance. 

The conference agreement includes $22,824,000,000 for the 

Pell Grant program. The funds in this conference agreement will 

support a $4,860 maximum discretionary Pell grant for the 2012– 

2013 award year. 

The conferees concur that the Department shall provide the 

same funding in fiscal year 2012 for the Work Colleges program 

authorized under section 448 of the Higher Education Act from the 

Federal Work-Study Program appropriation. 


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STUDENT AID ADMINISTRATION

The conference agreement includes $1,045,363,000 for student 

aid administration. Within the total, $370,000,000 is provided for 

servicing activities and $675,363,000 is provided for salaries and 

expenses to remain available until September 30, 2013. 

The conferees direct the Department to provide a report by 

April 1, 2012 and quarterly reports thereafter detailing their obligation plan by quarter for spending mandatory and discretionary 

funding for student aid administrative activities broken out by 

servicer, activity and funding source. 

HIGHER EDUCATION

The conference agreement includes $1,873,196,000 for Higher 

Education. 

The conference agreement provides $74,177,000 for International Education and Foreign Language Studies. The conferees 

acknowledge that funding provided in the conference agreement for 

international education will likely only allow funding for continuation costs. The conferees encourage the Department to look for 

ways to support undergraduate study abroad programs as authorized by section 604 of the Higher Education Act (HEA). 

The conference agreement includes language that allows international education funds to be used to support visits and study in 

foreign countries to develop language skills and allows up to one 

percent of international education funds to be used for evaluation, 

outreach and information dissemination. The conferees direct the 

Secretary to use international education domestic program funding 

to maintain a focus on continuing instruction in foreign languages 

that are less commonly taught, emphasize those critical for national security, and to maintain a pool of international experts for 

national security needs. 

The conference agreement continues language that requires recipients of a multi-year award under the tribal colleges program to 

continue to receive the amount they would have received prior to 

the Higher Education Act’s reauthorization in accordance with the 

original award terms. 

The conference agreement includes language which consolidates the Javits Fellowship program within the Graduate Assistance in Areas of National Need Program as proposed by the Administration. 

Within the amount for FIPSE, the conference agreement includes $1,130,000 for the Training for Realtime Writers program. 

The conferees direct that these funds be awarded in accordance 

with section 872 of the HEA. 

Within the amount for FIPSE, $2,103,000 is included for the 

European Union-United States Atlantis Program. The conferees direct that these funds be awarded in accordance with section 744 of 

the HEA. 

Within the amount for FIPSE, $267,000 is for continuation of 

a data contract. 

The conferees continue to be concerned with the tardiness of 

the Department in making TRIO and GEARUP awards this year. 

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port to the Committees on Appropriations of both the House and 

the Senate outlining the causes of grant award delays and providing an action plan for remedying this situation in the future. 

HOWARD UNIVERSITY

The conference agreement provides $234,507,000 for support 

for Howard University and Howard University Hospital. 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM

The conference agreement includes $20,541,000 for the HBCU 

Capital Financing Program. The conference agreement provides a 

total loan principal of $367,255,000 and includes language to allow 

funds to be used to support loans without regard to section 344(a) 

of the Higher Education Act. 

INSTITUTE OF EDUCATION SCIENCES

The conference agreement includes $594,788,000 for the Institute of Education Sciences to remain available through fiscal year 

2013. The agreement provides $11,000,000 for awards to public or 

private organizations or agencies to support activities to improve 

data coordination, quality and use at the local, State and national 

levels and modifies language to clarify that funds for statewide 

data systems may be used to link various State systems together. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

The conference agreement includes $447,104,000 for Program 

Administration. 

The conferees are aware that the Government Accountability 

Office issued a report this year which identified 82 federal programs designed to improve teacher quality spread across several 

federal agencies, including 64 at the Department of Education. The 

conferees note that the report ‘‘recognize[d] that there could be instances where some degree of program duplication, overlap, or fragmentation may be warranted due to the nature or magnitude of the 

federal effort’’. The conferees also note that under the fiscal year 

2011 bill and this conference agreement nearly 25 percent of the 

identified programs within the Department have been consolidated 

or eliminated.The conferees request the Department to issue a report within 180 days of enactment of this Act that identifies remaining programs designed to improve teacher quality, which 

agency administers the program, the most recent program evaluation data available for each (if any), and includes recommendations 

on how agencies can better collaborate and coordinate on administration of these programs. 

GENERAL PROVISIONS

TRANSFER OF FUNDS

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between appropriations, provided that no appropriation is increased by more than three percent as a result of such transfer, 

and that no new programs are created, nor programs for which 

funds were not appropriated are funded, as a result of such transfer. The conference agreement also requires the Secretary to notify 

the Committees on Appropriations of both the House and the Senate at least 15 days in advance of any transfer. 

OUTLYING AREAS FUNDS CONSOLIDATION

The conference agreement includes a general provision that extends Palau’s eligibility to participate in certain education programs through the end of fiscal year 2012. 

PELL ELIGIBILITY

The conference agreement includes changes to limit the number of full-time equivalent Pell grants to a lifetime maximum of six 

years/twelve semesters; to lower the adjusted gross income level at 

which an expected family contribution will automatically receive a 

‘‘zero’’ to $23,000; to raise the minimum award for eligibility to ten 

percent of the maximum award; and to require students to either 

have completed a high school diploma, a GED, or have been 

homeschooled to be eligible for a Pell award, unless they were enrolled prior to July 1, 2012. The conference agreement further provides that these provisions will take effect on July 1, 2012 and that 

negotiated rulemaking will not apply to changes made by these 

amendments. 

INTEREST SUBSIDY ELIMINATION

The conference agreement includes language that suspends for 

two years the interest subsidies on loans made on or after July 1, 

2012 through June 30, 2014 during the six-month grace period following a student’s withdrawal or graduation. 

STUDENT LOAN INDEX

The conference agreement includes language that changes the 

index used for holders of federal student loans from commercial 

paper to LIBOR. 

HBCU GULF HURRICANE DISASTER LOANS

The conference agreement includes language that authorizes 

the Secretary to modify terms of Gulf hurricane disaster loans to 

HBCUs if such modifications result in no net cost to the government and if such modifications are approved by the Departments 

of Education, Treasury and the Office of Management and Budget. 

RACE TO THE TOP SUBGRANTING AUTHORITY

The conference agreement includes language that clarifies that 

a State may make subgrants to public or private agencies and organizations under the early childhood component of the Race to the 

Top program. Not later than 60 days after enactment of this Act, 

the conferees direct the Department to provide a briefing on expected outcomes of grantees awarded funds from the fiscal year 

2011 Race to the Top appropriation, including specifically how this 


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subgranting authority will contribute to the successful implementation of State plans. 

TITLE IV 

RELATED AGENCIES 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

The conference agreement includes $5,385,000 for the Committee for Purchase from People Who Are Blind or Severely Disabled. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

OPERATING EXPENSES

The conference agreement includes $751,672,000 for the operating expenses of the programs administered by the Corporation 

for National and Community Service (CNCS). 

Within the total provided for Innovation, Assistance, and Other 

Activities, the conference agreement includes $53,381,000, which 

includes $44,900,000 for the Social Innovation Fund, $3,992,000 for 

the Volunteer Generation Fund, and $1,000,000 for the Martin Luther King Day of Service. The conferees have included language allowing CNCS to make minimum grants of $200,000 to State Service Commissions to spread funding more equitably across the Nation. 

NATIONAL SERVICE TRUST

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $212,198,000 for the National Service Trust. 

SALARIES AND EXPENSES

The conference agreement includes $83,000,000 for the CNCS 

Salaries and Expenses. 

INSPECTOR GENERAL

The conference agreement includes $4,000,000 for the CNCS 

Inspector General Office. 

ADMINISTRATIVE PROVISIONS

The conferees have included a new provision that clarifies the 

use of Education Awards at G.I. Bill institutions related to CNCS. 

CORPORATION FOR PUBLIC BROADCASTING

The conference agreement includes a fiscal year 2014 advance 

appropriation of $445,000,000 for the Corporation for Public Broadcasting (CPB). 

In addition, the conferees request CPB provide a report within 

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priations on alternative sources of funding for public broadcasting 

stations in lieu of federal funding. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

The conference agreement includes $46,250,000 for the Federal 

Mediation and Conciliation Service and does not include funding 

for the Labor-Management Cooperation Grant program. 

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $17,637,000 for the Federal 

Mine Safety and Health Review Commission. 

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND

ADMINISTRATION

The conference agreement includes $232,393,000 for the Institute of Museum and Library Services (IMLS). 

Within the total for IMLS, the conference agreement includes 

funds for the following activities in the following amounts: 

Budget activity Conference 

Library Services Technology Act: 

Grants to States .......................................................................................................................................... $156,661 

Native American Library Services ............................................................................................................... 3,876 

National Leadership: Libraries .................................................................................................................... 11,968 

Laura Bush 21st Century Librarian ............................................................................................................ 12,548 

Museum Services Act: 

Museums for America ................................................................................................................................. 18,064 

21st Century Museum Professionals ........................................................................................................... 1,972 

Conservation Project Support ...................................................................................................................... 2,619 

Native American/Hawaiian Museum Services ............................................................................................. 927 

National Leadership: Museums ................................................................................................................... 5,923 

African American History and Culture Act: 

Museum Grants for African American History & Culture ........................................................................... 1,413 

Program Administration ....................................................................................................................................... 16,422 

Within the amount provided for Program Administration, the conference agreement includes $1,889,000 for research and data 

collection activities. 

MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $6,000,000 for the Medicaid 

and CHIP Payment and Access Commission. 

MEDICARE PAYMENT ADVISORY COMMISSION 

SALARIES AND EXPENSES

The conference agreement includes $11,800,000 for the Medicare Payment Advisory Commission. 


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NATIONAL COUNCIL ON DISABILITY

The conference agreement includes $3,264,000 for the National 

Council on Disability. 

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

The conference agreement includes $278,833,000 for the National Labor Relations Board. 

ADMINISTRATIVE PROVISIONS

The conference agreement includes a new provision that prohibits the National Labor Relations Board from issuing any new 

administrative directive or regulation related to electronic voting. 

RAILROAD RETIREMENT BOARD

LIMITATION ON ADMINISTRATION

The conference agreement includes $108,855,000 for administrative expenses of the Railroad Retirement Board. 

SOCIAL SECURITY ADMINISTRATION

SUPPLEMENTAL SECURITY INCOME

The conference agreement includes $37,582,991,000 for the 

Supplemental Security Income (SSI) program. Within this amount, 

the agreement includes $8,000,000, available through fiscal year 

2013, for the Research and Demonstration activity conducted under 

sections 1110 and 1144 of the Social Security Act to support research activities like PROMISE, the Occupational Information System, and the Disability Research Consortium. The conferees encourage the Commissioner to develop policies related to section 

1110 research portfolio governance related to funding and ensure 

projects meet the intent of section 1110. Such policies should ensure that research projects, with very limited exceptions, are either 

discontinued or graduated into a more appropriate funding line 

within 5 years from project’s beginning. The conferees direct SSA 

to include in its operating plan funding allocations by project at the 

level of detail included in its congressional budget justification and 

expect advance notification of any subsequent realignment of funds 

within those activities. 

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement includes $10,984,494,000 for a Limitation on Administrative Expenses (LAE) for the SSA, including 

dedicated program integrity funding and applicable user fees. 

Information Technology Investments.—The conferees direct 

SSA to include information in its congressional budget justification 

each year regarding LAE expired unobligated balances and the 

amount made available from these balances without fiscal year limitation for information technology investments. This should include 

actual or estimated amounts for the prior, current, and budget 

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dated information technology plan in its congressional budget justification each year, including the total amount of Information 

Technology (IT) expenses and the actual or estimated amount paid 

for with LAE funds and no-year IT funds. 

Independent SSA Resource Analysis and Strategy.—With a 

large percentage of SSA’s workforce eligible for retirement, and 

short- and long-term constraints on available resources, the conferees are concerned that SSA faces continued service delivery challenges in the coming decades. Therefore, the conferees provide SSA 

with up to $500,000 to contract with the National Academy of Public Administration to develop and submit a report proposing a longrange strategic plan for SSA’s consideration. This report shall be 

conducted in consultation with SSA and its stakeholders and address the following: an evaluation of SSA’s existing organizational 

structure, workforce capacity, physical infrastructure and review of 

SSA’s electronic service delivery and investment in automation and 

information technology. The report shall be submitted within 180 

days of enactment to the House and Senate Committees on Appropriations, the House Committee on Ways and Means and the Senate Committee on Finance. 

Annual Social Security Statement Review.—The conferees note 

the public value of the annual Social Security statement. The conferees encourage the Commissioner to examine a broad range of options for continuing to provide the information included in the annual statement to the public and request a report no later than 

March 2012 to examine options to continue to do so. The report 

should examine the advantages and disadvantages, costs, benefits, 

and other potential implications to each method considered. The 

conferees request the Commissioner submit the report to the House 

and Senate Committees on Appropriations, the House Committee 

on Ways and Means and the Senate Committee on Finance. 

DOL and SSA Occupational Handbook.—The conferees appreciate the steps SSA has taken to update occupational information 

used by the SSA to adjudicate claims for disability benefits. The 

conferees urge DOL and SSA to continue to work together on this 

effort and submit a joint report to the House and Senate Committees on Appropriations, the House Committee on Ways and Means, 

and the Senate Committee on Finance with a timeline, major milestones, and projected 5-year costs of this project within 180 days 

of enactment of this bill and to provide annual progress reports 

thereafter. 

Budget Request.—The conferees direct SSA to include the following information in its annual budget requests, operating plans, 

and reprogramming requests: 

SSI Extramural Research and Demonstration program, project, 

and activity details; 

Annual fiscal year workload table on disability appeals at the 

same level of detail as provided in the House fiscal year 2011 questions for the record; 

Annual performance targets for pending cases and processing 

times for the reconsideration level of appeal; 

Updates on the new national data center project milestones 

and plans to use the projected IT refresh/replacement, operations, 


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and repair/maintenance funds over the next 5 years to outfit the 

new facility; 

FTE table by major component for the prior actual year at the 

level of detail as answered in the House fiscal year 2011 hearing 

question for the record; and 

Identification of key assumption and cost drivers for each program. 

The conferees note the required operating plan and reprogramming rules in the bill apply to SSA at the program, project, and activity level for all funds provided. 

OFFICE OF THE INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $102,477,000 for the SSA 

Office of the Inspector General (OIG). 

Video Technology.—The conferees note the recent Administrative Conference of the United States report that referred to ODAR’s 

use of video technology as a model for other agencies. The conferees 

request a report by OIG within 180 days of enactment analyzing 

legislative and administrative options, including potential challenges, for expanding access to video hearings. The report should 

analyze the costs and benefits to the claimant, claimant representatives, and taxpayers related to the current use and potential expansion of the use of video hearings by SSA. The report should be 

sent to the House and Senate Appropriations Committees, the 

House Committee on Ways and Means and the Senate Committee 

on Finance. 

TITLE V 

GENERAL PROVISIONS 

LOBBYING RESTRICTION

The conference agreement modifies a general provision related 

to lobbying. 

STATUS OF FUNDS REPORTING

The conference agreement includes a general provision that requires the Departments of Labor, Health and Human Services, and 

Education and the Social Security Administration to report quarterly on unobligated balances, by source year, beginning on October 

1, 2012. The conferees direct the Departments of Labor, Health and 

Human Services, and Education and the Social Security Administration to continue providing quarterly status of funds reports as 

have been provided during fiscal year 2011. 


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DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 

2012 

The following is an explanation of the effects of Division G, 

which makes appropriations for the Legislative Branch for fiscal 

year 2012. Unless otherwise noted, reference to the House and Senate reports are to House Report 112–148 and Senate Report 112– 

80. The language included in House Report 112–148 and Senate 

Report 112–80 should be complied with and carry the same emphasis as the language included in the explanatory statement, unless 

specifically addressed to the contrary in this explanatory statement. While repeating some report language for emphasis, this explanatory statement does not intend to negate the language referred to above unless expressly provided herein. 

TITLE I 

LEGISLATIVE BRANCH 

SENATE

The conferees agree to appropriate $868,593,000 for Senate operations. This item relates solely to the Senate, and is in accordance with long practice under which each body determines its own 

housekeeping requirements and the other concurs without intervention. 

The conferees note one technical correction to the chart included in Senate Report 112–80 under the heading Senators’ Official Personnel and Office Expense Allowance Fiscal Year 2012 to 

take into account a population change for the state of Colorado that 

was inadvertently omitted. 

State 

Administrative 

and clerical 

assistance 

allowance 

10/1/2011 

Legislative 

assistance 

allowance 

10/1/2011 

O.O.E.A. 

allowance 

10/1/2011 

Total 

allowance 

10/1/2011 

Colorado ......................................................................................... 2,431,275 477,874 180,096 3,089,245 

HOUSE OF REPRESENTATIVES

The conferees agree to appropriate $1,225,680,000 for House 

operations. This item relates solely to the House, and is in accordance with long practice under which each body determines its own 

housekeeping requirements and the other concurs without intervention. 

SECURITY IN CONGRESSIONAL DISTRICT OFFICES

The conferees are aware of efforts underway by the House Sergeant At Arms (HSAA) and the Capitol Police (USCP) to improve 

security in Congressional district offices. With the assistance of the 

HSAA and USCP, many Member offices had security assessments 

conducted and were provided a list of recommended security upgrades as a result of those assessments. Member offices currently 

pay for their office leases, including physical security, through their 

office budgets, also called the Members’ Representational Allowance, which have been reduced. While the payment for district seVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01238 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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curity is decentralized, the guiding principles and policies should 

not be. Therefore, the HSAA, along with USCP, shall assist offices 

in prioritizing improvements and highlighting alternative office locations that yield greater security with less cost. In addition the 

House’s Chief Administrative Officer is directed to provide outreach 

to Member offices and offer assistance in lease negotiations as 

Member offices look to relocate or negotiate more favorable terms 

that incorporate heightened security concerns. 

JOINT ITEMS

JOINT ECONOMIC COMMITTEE

The conference agreement includes $4,203,000 for salaries and 

expenses. 

JOINT COMMITTEE ON INAUGURAL CEREMONIES OF 2013

The conference agreement includes $1,237,000 for salaries and 

expenses associated with conducting the inaugural ceremonies of 

the President and Vice President of the United States. 

JOINT COMMITTEE ON TAXATION

The conference agreement includes $10,004,000 for salaries 

and expenses. 

OFFICE OF THE ATTENDING PHYSICIAN

The conference agreement includes $3,400,000. 

OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES

The conference agreement includes $1,363,000. 

ADMINISTRATIVE PROVISION

The conferees have included an administrative provision which 

authorizes employees of the Office of Congressional Accessibility 

Services to participate in the Senate employee student loan repayment program. 

CAPITOL POLICE

SALARIES

The conference agreement includes $277,133,000 for salaries of 

officers, members, and employees of the Capitol Police. This level 

will support a staffing level of 1,775 sworn officers and 370 civilian 

personnel. 

GENERAL EXPENSES

The conference agreement includes $63,004,000 for general expenses of the Capitol Police. 

WORKFORCE MANAGEMENT/MISSION REQUIREMENTS

The conferees support the directive contained in House Report 

112–148 regarding workforce management and mission requirements in lieu of the directive in Senate Report 112–80. 


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OVERTIME

The conferees recommend no more than 634,667 hours of additional duty in fiscal year 2012 as depicted below. The conferees direct that the Department report on the expenditure of overtime 

within individual accounts by pay period to the House and Senate 

Committees on Appropriations, and that the Committees are notified prior to any transfer within accounts, including the associated 

hours of additional duty. 

Funding Hours (est.) 

Scheduled ................................................................................................................................ $28,915,170 503,364 

Annualization of overtime savings .......................................................................................... (700,370) 0 

Unscheduled ............................................................................................................................ 1,141,850 20,000 

DPD .......................................................................................................................................... 876,018 15,326 

Conventions ............................................................................................................................. 1,626,240 28,000 

Training .................................................................................................................................... 1,371,840 24,000 

LOC—non-reimbursable events .............................................................................................. 214,896 3,700 

Dome Skirt ............................................................................................................................... 1,853,739 31,917 

Red Tunnel Project .................................................................................................................. 485,548 8,360 

Dome Skirt and other project re-estimations ......................................................................... (677,000) 0

Total ................................................................................................................................ $35,107,931 634,667 

THREAT ASSESSMENT

The conferees understand that the Capitol Police conduct many 

different types of threat assessments and direct the Chief of Police 

to work with the House and Senate Committees on Appropriations 

to develop methods of updating the Committees on threat assessment activities. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

The conferees have included a routine administrative provision, section 1101, which continues authorization for transfers between various accounts upon the approval of the Committees on 

Appropriations of the House and Senate. The conferees have also 

included an administrative provision, section 1102, which authorizes the Secretary of the Senate and the Chief Administrative Officer of the House to waive erroneous payments to officers and employees. 

OFFICE OF COMPLIANCE

SALARIES AND EXPENSES

The conference agreement includes $3,817,000, of which 

$700,000 shall remain available until September 30, 2013 for salaries and expenses of the Office of Compliance. 

CONGRESSIONAL BUDGET OFFICE

SALARIES AND EXPENSES

The conference agreement includes $43,787,000 for salaries 

and expenses of the Congressional Budget Office. 


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ARCHITECT OF THE CAPITOL

GENERAL ADMINISTRATION

The conference agreement includes $101,340,000 for General 

Administration, of which $3,749,000 shall remain available until 

September 30, 2016. 

With respect to operations and projects, the House and Senate 

conferees have agreed to the following: 

Operating Budget .................................................................................. $97,591,000 

Project Budget: 

1. Energy Savings Performance Contracts (ESPC) ...................... 2,700,000 

2. Senate Reception Room .............................................................. 550,000 

3. Conservation of Fine Architectural Art .................................... 499,000 

Total, General Administration .............................................................. $101,340,000 

CONGRESSIONAL YOUTH PARK

The conferees note that the fiscal year 2002 Legislative Branch 

appropriations bill, Public Law 107–68 included a provision designating a special parcel of the Capitol Grounds as the Congressional 

Youth Park. The conferees commend the Architect of the Capitol 

(AOC) for developing the Capitol Complex Master Plan as a guiding document for the future development of the Capitol grounds. 

The plan embraces Frederick Law Olmstead’s original landscape 

design establishing grounds that enhance and elevate the U.S. 

Capitol. Integral to this plan should be the original intent of the 

Botanic Garden to educate visitors about the aesthetic, cultural, 

economic, therapeutic, and ecological importance of plants. In this 

spirit, the conferees direct the AOC to develop, as part of the Capitol Complex Master Plan, the cultural landscape plan for the Congressional Youth Park that aligns the use of the Park with 

Olmstead’s historically important vision about the importance of 

the natural world in their daily lives. This segment of the Master 

Plan shall also take into consideration landscape requirements necessary to ensure the continued security of the Capitol complex. 

CAPITOL BUILDING

The conference agreement includes $36,154,000, of which 

$11,063,000 shall remain available until September 30, 2016, for 

maintenance, care, and operation of the Capitol. 

With respect to operations and projects, the House and Senate 

conferees have agreed to the following: 

Operating Budget: ................................................................................. $25,091,000 

Project Budget: 

1. Presidential Inaugural Stand and Support Facilities ............. 4,263,000 

2. Brumidi Corridors Restoration and Conservation Plan .......... 800,000 

3. Minor Construction .................................................................... 6,000,000 

Total, Capitol Building .......................................................................... $36,154,000 


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CAPITOL GROUNDS

The conference agreement includes $9,852,000 for the care and improvements of the grounds surrounding the Capitol, House and Senate 

office buildings, and the Capitol Power Plant. 

With respect to operations and projects, the House and Senate conferees have agreed to the following: 

Operating Budget .................................................................................. $9,852,000 

Total, Capitol Grounds .......................................................................... $9,852,000 

SENATE OFFICE BUILDINGS

The conference agreement includes $71,128,000 for Senate Of- fice Buildings, of which $13,128,000 shall remain available until 

September 30, 2016, for the maintenance, care and operation of the 

Senate office buildings. This item relates solely to the Senate and 

is in accordance with long practice under which each body determines its own housekeeping requirements, and the other concurs 

without intervention. 

Operating Budget .................................................................................. $58,000,000 

Project Budget: 

1. Skylight Replacement (HSOB) .................................................. 5,000,000 

2. Infrastructure Improvements, Phase 3, North Wing (DSOB) 6,128,000 

3. Minor Construction .................................................................... 2,000,000 

Total, Senate Office Buildings .............................................................. $71,128,000 

HOUSE OFFICE BUILDINGS

Base funding, House Office Buildings.—The conference agree- ment includes $94,154,000 for the basic and recurring needs of the 

House within the House Office Buildings account, of which 

$45,631,000 shall remain available until September 30, 2016. 

These funds support the regular maintenance, care, and operation 

of the House office buildings by the Architect of the Capitol. 

Operating Budget .................................................................................. $48,523,000 

Project Budget: 

1. Alternate Life Safety Approach, CHOB ................................... 4,229,000 

2. Interior Rehabilitation of the West House Underground Garage .............................................................................................. 18,000,000 

3. Power Distribution System Replacement, Vault C, FHOB ..... 3,957,000 

4. Domestic Water and Sanitary Piping Replacement, RHOB ... 1,598,000 

5. Fire Alarm System Replacement, RHOB ................................. 1,457,000 

6. CAO Project Support .................................................................. 4,390,000 

7. 480V Switchgear & Transformer Replacement, Phase III, 

HOB ............................................................................................. 5,000,000 

8. Minor Construction .................................................................... 7,000,000 

Total, House Office Buildings (base program) ..................................... $94,154,000 

House Historic Buildings Revitalization Trust Fund.—In addition to funding for core facility needs, the conference agreement includes $30,000,000 for the Historic Buildings Revitalization Trust 

Fund, to remain available until expended. 

As these funds relate solely to the House, and is in accordance 

with long practice under which each body determines its own 

housekeeping requirements and the other concurs without intervention. 

CAPITOL POWER PLANT

In addition to the $9,000,000 made available from receipts 

credited as reimbursements to this appropriation, the conference 

agreement includes $123,229,000 for maintenance, care and operVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01242 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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ation of the Capitol Power Plant. Of this amount, $37,617,000 shall 

remain available until September 30, 2016. 

With respect to operations and project differences, the House 

and Senate conferees have agreed to the following: 

Operating Budget (net) ......................................................................... $94,612,000 

Project Budget: 

1. Utility Tunnel Program ............................................................. 14,406,000 

2. WRP Chiller System Replacement, RPR, CPP ........................ 800,000 

3. East Plant Chiller Relocation, RPR, CPP ................................ 16,411,000 

4. Cogeneration Management Program ........................................ 2,000,000 

5. Minor Construction .................................................................... 4,000,000 

Total, Capitol Power Plant .................................................................... $132,229,000 

LIBRARY BUILDINGS AND GROUNDS

The conference agreement includes $46,876,000 for Library of 

Congress buildings and grounds. Of this amount, $21,116,000 shall 

remain available until September 30, 2016. 

With respect to operations and projects, the House and Senate 

conferees have agreed to the following: 

Operating Budget .................................................................................. $25,760,000 

Project Budget: 

1. Sprinkler System, West Main Pavilion 1st Floor, Phase III 

TJB ............................................................................................... 4,100,000 

2. Egress Improvements ................................................................. 1,126,000 

3. Generator Replacement JAB ..................................................... 5,000,000 

4. Secured Storage Facilities, Phase III ....................................... 2,000,000 

5. East and West Pavilion Copper Roof and Fall Protection Replacement, Design ....................................................................... 309,000 

6. Air Handling Unit Replacement and Hazardous Materials 

Abatement, TJB .......................................................................... 2,047,000 

7. Fall Protection ............................................................................ 4,034,000 

8. ABA Space Reorganization, JMMB .......................................... 500,000 

9. Minor Construction .................................................................... 2,000,000 

Total, Library Buildings and Grounds ................................................. $46,876,000 

CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY

The conference agreement includes $21,500,000 for Capitol Police Buildings, Grounds and Security. Of this amount, $3,473,000 

shall remain available until September 30, 2016. 

With respect to operations and projects, the conferees have 

agreed to the following: 

Operating Budget .................................................................................. $18,027,000 

Project Budget: 

1. Fire Alarm System Replacement, Headquarters ..................... 2,473,000 

2. Minor Construction .................................................................... 1,000,000 

Total, Capitol Police Buildings, Grounds and Security ...................... $21,500,000 

BOTANIC GARDEN

The conference agreement includes $12,000,000 for salaries 

and expenses, Botanic Garden. 

CAPITOL VISITOR CENTER

The conference agreement includes $21,276,000 for the Capitol 

Visitor Center (CVC). 


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CVC GIFT SHOP

The conferees note that the CVC gift shop operating budget exceeds the revenues generated within the gift shop revolving fund. 

The conferees understand that there are mitigating circumstances 

such as ‘‘Buy American’’ requirements that account for the CVC 

gift shop operating differently than other gift shops, such as the Library of Congress gift shop. Given that the CVC gift shop has been 

operating for a few years, the conferees believe it would be beneficial at this juncture for the AOC to review and report on the operations and steps that can be taken to improve operations within 

the revolving fund understanding the distinctive parameters under 

which the CVC gift shop operates. This report should be provided 

to the Committee on Appropriations of the House and Senate no 

later than March 31, 2012. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

REIMBURSABLE OVERTIME COSTS

The conference agreement includes an administrative provision, section 1201, which authorizes the Architect of the Capitol to 

reimburse the Capitol Police for the cost of overtime associated 

with construction projects. 

The conferees direct the Architect of the Capitol and the 

United States Capitol Police to enter into a memorandum of understanding to establish the appropriate mechanisms necessary to implement this reimbursable process. The memorandum of understanding shall include, but not be limited to, the identification of 

the type and scope of construction projects subject to reimbursement, the projected overtime and related benefits costs for security 

requirements necessitated by a specific project before the project 

commences, and the reporting to the Architect of the Capitol actual 

costs for reimbursement on a regular basis during and upon completion of a security project. It is the conferees intent that this 

practice will commence with the submission of the fiscal year 2013 

budget request. The Architect of the Capitol shall submit the requested overtime for ongoing and future construction projects for 

fiscal year 2013. During fiscal year 2013, and for future fiscal 

years, if overtime costs exceed those requested, the Architect of the 

Capitol, with the concurrence of the Capitol Police, will submit 

such costs to the House and Senate Committees on Appropriations 

for approval. 

The conference agreement includes an administrative provision, section 1202, concerning the Capitol grounds. 

LIBRARY OF CONGRESS

SALARIES AND EXPENSES

The conference agreement includes $413,743,000 in direct appropriations, of which $6,959,000 is to remain available until expended for digital collections and educational curricula program, 

Library of Congress. In addition to this amount $6,350,000 is availVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01244 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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able from receipts collected by the Library of Congress and is to remain available until expended. 

COPYRIGHT OFFICE

SALARIES AND EXPENSES

The conference agreement includes $16,137,000 in direct ap- propriations to the Copyright Office. An additional $35,513,000 is 

made available from receipts for salaries and expenses. 

CONGRESSIONAL RESEARCH SERVICE

SALARIES AND EXPENSES

The conference agreement includes $106,790,000 for salaries 

and expenses, Congressional Research Service including up to 

$1,000,000 for a review of the Government Printing Office. 

BOOKS FOR THE BLIND AND PHYSICALLY HANDICAPPED

SALARIES AND EXPENSES

The conference agreement includes $50,674,000 for salaries and expenses. This amount includes $650,000 for costs to provide 

recorded newspaper services for the blind and physically handicapped. The conferees have agreed that up to $2,000,000 of unobligated balances can be utilized for media production. 

ADMINISTRATIVE PROVISIONS

The conferees have agreed to include administrative provisions 

(sections 1301–1304) related to reimbursable and revolving fund 

activities, transfer authority, availability of funds for Workers 

Compensation Payments, and disposition of surplus or obsolete personal property. 

GOVERNMENT PRINTING OFFICE

Operational Review 

Over the past 10 years, the Government Printing Office has 

regularly contracted out approximately 75% of the dollar value of 

all work ordered annually (other than U.S. passports and secure 

credentials). The vast majority of the work that is contracted out 

is for the Executive Branch. Printing for the Congress, passports 

for State Department, secure credentials for Federal agencies and 

Congress, products for the Office of the Federal Register, and several important jobs of the Executive Branch, such as the President’s Annual Budget and printing for the White House, are conducted in-house, as are all of GPO’s digital information operations 

serving all three branches of the Federal Government. The conferees note that several studies evaluating GPO’s production, procurement, and information dissemination programs and operations, 

including the Federal Depository Library Program, have been conducted in the past. The conferees also note that past reviews have 

supported the GPO’s business model as the most efficient way in 

which the government should operate its printing and information 

dissemination responsibilities. The conferees believe that the GPO 


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and the Congress would benefit from an update of these reviews, 

particularly given the growth in printing and digital technology in 

recent years, including the feasibility of Executive Branch printing 

being continued to be performed by the GPO, and other cost saving 

operational alternatives that might be worthy of consideration. 

Within available funds under the heading, ‘‘Congressional Research 

Service’’ , the conferees direct the Congressional Research Service 

to award a grant or contract to the National Academy of Public Administration, an independent, nonpartisan organization that was 

chartered by Congress to assist Federal, State, and local governments in improving their effectiveness, efficiency, and accountability, to conduct a study on updating a review of GPO operations 

and additional cost saving opportunities beyond what GPO has already instituted, if any, and report its findings to the Committee 

on Appropriations of the House and Senate no later than one year 

after enactment of this Act. 

CONGRESSIONAL PRINTING AND BINDING

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $90,700,000 for authorized 

printing and binding for the Congress. 

OFFICE OF THE SUPERINTENDENT OF DOCUMENTS

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $35,000,000. 

GOVERNMENT PRINTING OFFICE REVOLVING FUND

The conference agreement includes $500,000. 

GOVERNMENT ACCOUNTABILITY OFFICE

SALARIES AND EXPENSES

The conference agreement includes $511,296,000 in direct appropriations for salaries and expenses, Government Accountability 

Office. In addition, $22,304,000 is available from offsetting collections. 

ADMINISTRATIVE PROVISION

The agreement includes an administrative provision, section 

1401, that allows GAO to be treated the same as other Legislative 

Branch agencies regarding employee buyout authority. 

The conferees direct that GAO cease all work and no funds are 

provided for any GAO study related to the study requested in 

House Report 112–148 regarding the future of the Government 

Printing Office. That work is being conducted by NAPA through 

CRS. 

Cost Analysis 

The conferees believe that in order to provide the GAO with 

the appropriate funding level to conduct its audits efficiently, the 


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conferees need a complete understanding of the costs associated 

with conducting the audits. The concern that certain costs associated with the reports cannot be accounted for was heightened by 

the GAO Office of Inspector General report noting that ‘‘GAO’s 

travel card program could be strengthened by adopting selected 

best practices identified in related Office of Management and Budget (OMB) guidance. . . . Further, we found that OMB’s travel card 

guidance was not used by GAO to manage or assess the effectiveness of its travel card program controls.’’ Therefore, the conferees 

direct the GAO to report to the Senate and House Committees on 

Appropriations on a semi-annual basis, with a cost analysis by 

function of its work products, a total funding level for any completed report during the fiscal year, and the number of reports previously conducted on the particular issues for which reports are 

being conducted. 

OPEN WORLD LEADERSHIP CENTER TRUST FUND

The conference agreement includes $10,000,000 for payment to 

the Open World Leadership Center Trust Fund. 

In June 2003 the House Committee on Appropriations directed 

the Government Accountability Office (GAO) to assess the overall 

effectiveness and efficiency of the Open World Leadership Center 

(OWLC) in fulfilling its responsibilities and role in achieving the 

overall intent and purposes of the program. In March 2004 the 

GAO issued a report (GAO–04–436) containing recommendations 

that OWLC establish strategic and performance plans, strengthen 

assessing and reporting on program performance, and improve its 

financial management and accountability mechanisms. In the report the OWLC took issue with the GAO emphasis on performance 

measures, noting that its success is only measurable in the medium 

or long term. The conferees direct the GAO to reexamine the 

OWLC regarding the recommendations to determine what action 

has been taken to meet the GAO recommendations with special 

emphasis on financial management and performance measures. It 

has been a number of years since this report was issued, and the 

conferees believe enough time has lapsed to determine progress in 

both these fields. Therefore, the conferees direct the GAO to reexamine the recommendations of the March 2004 report with emphasis on financial management and accountability mechanisms and 

the measurable benefits of the OWLC. GAO shall consult with the 

Committees on Appropriations as it develops the methodology and 

scope of the review. GAO shall issue its final report by August 

2012 and provide regular updates to the Committees prior to 

issuing the final report. 

JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND

DEVELOPMENT

The conference agreement includes $430,000. The conferees direct that future budget requests from the John C. Stennis Center 

be accompanied by an appropriately detailed budget justification. 


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TITLE II—GENERAL PROVISIONS 

The conference agreement continues, in sections 201 to 209, 

nine routine provisions carried in prior years. In addition the 

agreement includes section 210 related to delivery of printed copies 

of bills, joint resolutions, and resolutions, section 211 related to delivery of printed copies of the Congressional Record being delivered 

to a Member’s House office, and section 212 related to Members of 

the House, which places a limitation on the amount that can be expended for the lease of a vehicle. 

REPROGRAMMING GUIDELINES FOR LEGISLATIVE BRANCH AGENCIES

The conferees expect all agencies to notify the Committees on 

Appropriations of the House and Senate of any significant departures from budget plans presented to the Committees of the House 

and Senate. In particular, agencies funded in this bill are required 

to notify the Committees prior to each reprogramming of funds in 

excess of the lesser of 10 percent or $500,000 between programs, 

projects, or activities, or in excess of $500,000 between object classifications (except for shifts within the pay categories, object class 

11, 12, and 13, or as further specified in each agency’s respective 

section). This includes cumulative reprogrammings that together 

total at least $500,000 from or to a particular program, activity, or 

object classification, as well as reprogramming of FTEs or funds to 

create new organizational entities within the Agency or to restructure entities which already exist. These guidelines remain effective 

unless modified by a subsequent conference. 


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DIVISION H—MILITARY CONSTRUCTION AND VETERANS 

AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 

2012 

Matters Addressed by Only One Committee.—The language and 

allocations set forth in House Report 112–94 and Senate Report 

112–29 should be complied with unless specifically addressed to the 

contrary in the conference agreement and this explanatory statement. Report language included by the House, which is not 

changed by the report of the Senate or this explanatory statement, 

and Senate report language, which is not changed by this explanatory statement, is approved by the Committees on Appropriations 

of both Houses of Congress. This explanatory statement, while repeating some report language for emphasis, does not intend to negate the language referred to above unless expressly provided herein. In cases where the House or the Senate has directed the submission of a report, such report is to be submitted to both Houses 

of Congress. House or Senate reporting requirements with deadlines prior to, or within 15 days after, enactment of the conference 

agreement shall be submitted no later than 60 days after enactment of this Act. All other reporting deadlines not changed by this 

explanatory statement are to be met. 

TITLE I 

DEPARTMENT OF DEFENSE 

ITEMS OF GENERAL INTEREST

Reprogramming Guidelines.—The following reprogramming 

guidelines apply for all military construction and family housing 

projects. A project or account (including the sub-elements of an account) which has been specifically reduced by the Congress in acting on the budget request is considered to be a congressional interest item and as such, prior approval is required. Accordingly, no 

reprogrammings to an item specifically reduced below the threshold 

by the Congress are permitted, except that the Department of Defense may seek reprogrammings for appropriated increments. 

The reprogramming criteria that apply to military construction projects (25 percent of the funded amount or $2,000,000, whichever 

is less) continue to apply to new housing construction projects and 

to improvements over $2,000,000. To provide the services the flexibility to proceed with construction contracts without disruption or 

delay, the costs associated with environmental hazard remediation 

such as asbestos removal, radon abatement, lead-based paint removal or abatement, and any other legislated environmental hazard remediation may be excluded, provided that such remediation 

requirements could not be reasonably anticipated at the time of the 

budget submission. This exclusion applies to projects authorized in 

this budget year, as well as projects authorized in prior years for 

which construction has not been completed. Planning and design 

costs associated with military construction and family housing 

projects may also be excluded from these guidelines. In instances 

where prior approval to a reprogramming request for a project or 

account has been received from the Committees on Appropriations, 

the adjusted amount approved becomes the new base for any future 


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increase or decrease via below-threshold reprogrammings (provided 

that the project or account is not a congressional interest item as 

defined above). 

In addition to these guidelines, the services are directed to adhere to the guidance for military construction reprogrammings and 

notifications, including the pertinent statutory authorities contained in DOD Financial Management Regulation 7000.14–R and 

relevant updates and policy memoranda. The conferees encourage 

the Office of the Director of National Intelligence to use a format 

similar to that used by the Office of the Secretary of Defense to 

submit reprogramming requests. 

Incrementally Funded Projects.—The conferees note that the 

Administration requested several large military construction 

projects that can be incrementally funded, but were instead submitted as large single-year requests, in accordance with a directive 

from the Office of Management and Budget to the Department of 

Defense to severely restrict the use of incremental funding for military construction. The Committees on Appropriations of both 

Houses of Congress have previously notified the Administration 

that they reserve the prerogative to provide incremental funding 

where appropriate, in accordance with authorizing legislation. The 

conferees continue to believe that military construction projects 

should be fully funded or separated into stand-alone phases when 

practical. In some cases, however, incremental funding makes fiscal 

and programmatic sense. The conference agreement therefore incrementally funds the following projects: Aviation Complex Phase 

3A, Fort Wainwright, Alaska; Mountainview Operations Facility, 

Buckley AFB, Colorado; Hospital Replacement, Increment 3, Fort 

Bliss, Texas; Ambulatory Care Center Phase 3, Joint Base San Antonio, Texas; STRATCOM Replacement Facility, Increment 1, 

Offutt AFB, Nebraska; Data Center, Increment 3, Camp Williams, 

Utah; Ambulatory Care Center, Ph 3, Joint Base Andrews, Maryland; and Strike Fuel Systems Maintenance Hanger, Anderson 

AFB, Guam. 

Quarterly Summary of Notifications.—The conferees direct the 

services and the Office of the Secretary of Defense (on behalf of 

itself and Defense agencies) to continue to submit a quarterly report listing all notifications, to include bid savings by service and 

Defense agencies, that have been submitted to the Committees during the preceding three-month period. 

Report on Design Obligations.—The conferees direct that the 

Secretary of Defense, and the secretaries of the Army, Navy, and 

Air Force, each submit separate semi-annual reports on the obligation and expenditure of planning and design funds. The Secretary 

of Defense’s report shall cover Military Construction, Defense-Wide, 

and the reports by the Army, Navy, and Air Force shall cover active, guard, and reserve military construction accounts. Each report 

shall provide data on the total amount available from each and all 

fiscal years for planning and design activities, as well as the 

amounts currently obligated and expended. The reports shall be 

submitted no later than 30 days following the end of the second 

and fourth quarters of fiscal year 2012 and semi-annually no later 

than 30 days following the second and fourth quarters of each fiscal 

year thereafter. 


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Quadrennial Defense Review/Nuclear Posture Review (QDR/ 

NPR).—The conference agreement does not reference language requiring the Secretary of Defense to submit a report regarding future funding for the QDR/NPR programs because the reporting requirement has already been fulfilled. 

Army Stationing in Europe.—In order to better understand future requirements for U.S. military construction in Germany in 

light of current and projected realignment activities, the conferees 

direct that no later than 90 days after enactment of this Act, the 

Secretary of Defense shall provide a report, in writing, on installations and properties in Germany that the Department of Defense 

intends to return to the host nation. This report should include (1) 

intended timelines for closures of U.S. Army installations along 

with a list of military construction projects required at other installations to facilitate the downsizing and consolidation of Army forces 

in Germany; (2) identification of the brigade combat team that will 

be withdrawn from Germany; (3) an estimate of costs (including operation and maintenance costs and military construction costs) to 

be incurred during fiscal years 2012 through 2015 in connection 

with keeping the brigade identified in Germany through September 

30, 2015, versus stationing a similar brigade in the United States; 

and (4) identification of the Army installations in the United States 

with the capability, existing infrastructure, and training facilities 

to support a brigade combat team similar to the one referenced 

above. The report should be submitted to the Committees on Appropriations of both Houses of Congress and may include a classified annex if necessary. 

Guam Realignment.—The conferees support the Administration’s focus on strengthening the U.S. military posture in the Pacific region. One of the most ambitious undertakings by the Department of Defense is the joint U.S.-Japanese plan to move 8,000 Marines and their families from Okinawa to Guam. The conferees note 

that a number of unforeseen obstacles, including lengthy environmental studies, legal challenges, and land use issues, have hampered the Department’s ability to execute planned military construction projects associated with the realignment that have been 

funded in previous appropriations bills. In light of these delays, the 

conference agreement does not include funding, as requested, for 

two projects associated with the realignment. The conferees encourage the Department to complete the Guam master plan and provide a revised cost estimate and timetable for the Guam relocation 

so that the realignment can proceed without further delay. 

MILITARY CONSTRUCTION, ARMY 

The conference agreement appropriates $3,006,491,000 for 

Military Construction, Army, instead of $3,041,491,000 as proposed 

by the House and $3,066,891,000 as proposed by the Senate. Within this amount, the agreement provides $229,741,000 for study, 

planning, design, architect and engineer services, and host nation 

support, the same amount as proposed by the House and Senate. 


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MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 

The conference agreement appropriates $2,112,823,000 for 

Military Construction, Navy and Marine Corps, instead of 

$2,436,547,000 as proposed by the House and $2,187,622,000 as 

proposed by the Senate. Within this amount, the agreement provides $84,362,000 for study, planning, design, architect and engineer services, the same amount as proposed by the House and Senate. 

MILITARY CONSTRUCTION, AIR FORCE 

The conference agreement appropriates $1,227,058,000 for Military Construction, Air Force, instead of $1,247,358,000 as proposed by the House and $1,227,058,000 as proposed by the Senate. 

Within this amount, the agreement provides $81,913,000 for study, 

planning, design, architect and engineer services, the same amount 

as proposed by the House and Senate. 

MILITARY CONSTRUCTION, DEFENSE-WIDE 

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $3,431,957,000 for Military Construction, Defense-Wide, instead of $3,533,757,000 as 

proposed by the House and $3,380,917,000 as proposed by the Senate. Within this amount, the agreement provides $430,602,000 for 

study, planning, design, architect and engineer services, the same 

amount as proposed by the House and Senate. 

Fort Gordon, Georgia, National Security Agency (NSA) Project 

Adjustment.—The President’s budget submission included $11,340,000 for the NSA Whitelaw Wedge Building addition at Fort 

Gordon, Georgia. Subsequent to the budget submission NSA determined that the cost of the project had increased to $17,705,000 and 

requested a $6,365,000 funding adjustment for the project. The Director of the NSA transmitted a formal request for this adjustment 

to the Committees on Appropriations of the House and Senate on 

June 2, 2011. Therefore, the conference agreement includes an additional $6,365,000 for this project as requested, with a corresponding decrement from the NSA minor construction account. 

Department of Defense Education Activity (DODEA) Schools.— 

The conferees note that over 86,000 children attend DODEA 

schools in the United States and overseas, but according to the 

2009 DOD Report to Congress on Department of Defense Education 

Activity’s Military Construction Program, 79 percent of DODEA 

schools were structurally rated as poor or failing. The conferees 

note that DOD’s Future Years Defense Plan (FYDP) for fiscal years 

2012 through 2016 includes funding to recapitalize many, but not 

all, of these schools. The conferees urge the Secretary of Defense 

to prioritize the recapitalization of all poor or failing DODEA 

schools, and accelerate funding for this purpose in future FYDPs. 

Energy Conservation Investment Program (ECIP).—The conference agreement provides $135,000,000 for ECIP, as proposed by 

both the House and the Senate. Additionally, the conference agreement provides $10,000,000 in dedicated funding for ECIP planning 

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port the efforts of the Department of Defense to promote energy 

conservation, green building initiatives, energy security, and investment in renewable energy resources, and commend the leadership of the Department and the services for making energy efficiency a key component of construction on military installations. 

The conferees urge the Department to use the the dedicated planning and design funds to invest in innovative renewable energy 

projects as well as projects that enhance energy security at military 

installations and encourages the Department to request dedicated 

planning and design funding for ECIP in future budget submissions. 

Landstuhl Regional Medical Center.—The conferees strongly 

support the construction of the new Landstuhl Regional Medical 

Center in Germany to replace the current aging facility, which is 

inefficient, and structurally a failing facility. However, the conferees note that the size, scope and design of the proposed replacement hospital was initiated several years ago, before the withdrawal schedule for U.S. troops in Iraq and Afghanistan was established, and before looming budget restraints prompted the Department of Defense (DOD) to reconsider all overseas basing of U.S. 

military forces. Given the potential for major force structure reductions in Europe, the conferees believe that the planning assumptions for the new Landstuhl Regional Medical Center should be reevaluated to ensure that the facility is properly sized and scoped 

to meet the emerging contingency and force structure requirements 

in Europe. 

Because of the importance of this project, the conference agreement fully funds the Department’s request to proceed with site 

preparation and utility infrastructure for the replacement hospital. 

However, the conference agreement restricts the Department from 

awarding a design contract for the hospital that exceeds the 20 percent design level until the Secretary of Defense has provided a plan 

to the Committees on Appropriations of the House of Representatives and the Senate describing how it intends to implement the 

recommendations of a Government Accountability Office study with 

regard to the plans, baseline data, and estimated cost of the new 

facility, and certifies that the replacement hospital is properly sized 

and scoped to meet the projected health care requirements. 

The conferees further direct DOD to provide to the Committees, in conjunction with the certification, justification supporting 

the size and scope of the replacement hospital that includes, at a 

minimum, (1) documentation that clearly shows how health care 

requirements were used to calculate the size, configuration, and associated costs of the facility, and (2) a risk or sensitivity analysis 

that assesses, at a minimum, how potential global posture changes 

in the area of responsibility of the European Command may impact 

the health care requirements for the proposed facility. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 

The conference agreement appropriates $773,592,000 for Military Construction, Army National Guard, as proposed by the Senate instead of $798,592,000 as proposed by the House. Within this 

amount, the agreement provides $20,671,000 for study, planning, 

design, architect and engineer services. 


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MILITARY CONSTRUCTION, AIR NATIONAL GUARD 

The conference agreement appropriates $116,246,000 for Military Construction, Air National Guard, as proposed by the both the 

House and the Senate. Within this amount, the agreement provides 

$12,225,000 for study, planning, design, architect and engineer 

services. 

MILITARY CONSTRUCTION, ARMY RESERVE 

The conference agreement appropriates $280,549,000 for Military Construction, Army Reserve, as proposed by both the House 

and the Senate. Within this amount, the agreement provides 

$28,924,000 for study, planning, design, architect and engineer 

services. 

MILITARY CONSTRUCTION, NAVY RESERVE 

The conference agreement appropriates $26,299,000 for Military Construction, Navy Reserve, as proposed by both the House 

and the Senate. Within this amount, the agreement provides 

$2,591,000 for study, planning, design, architect and engineer services. 

MILITARY CONSTRUCTION, AIR FORCE RESERVE 

The conference agreement appropriates $33,620,000 for Military Construction, Air Force Reserve, as proposed by both the 

House and the Senate. Within this amount, the agreement provides 

$2,200,000 for study, planning, design, architect and engineer services. 

NORTH ATLANTIC TREATY ORGANIZATION SECURITY 

INVESTMENT PROGRAM 

The conference agreement appropriates $247,611,000 for the 

North Atlantic Treaty Organization Security Investment Program, 

the same amount as proposed by the House, instead of 

$272,611,000 as proposed by the Senate. 

FAMILY HOUSING CONSTRUCTION, ARMY 

The conference agreement appropriates $176,897,000 for Family Housing Construction, Army, instead of $186,897,000 as proposed by both the House and the Senate. 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY 

The conference agreement appropriates $493,458,000 for Family Housing Operation and Maintenance, Army instead of 

$494,858,000 as proposed by both the House and the Senate. 

General Officer Flag Officer Quarters.—The conferees reduced 

the request for Family Housing Operation and Maintenance by 

$1,400,000 based on the Secretary of the Army’s notification that 

the exterior repairs in Stuttgart, Germany, are no longer necessary. 


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FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE 

CORPS 

The conference agreement appropriates $100,972,000 for Family Housing Construction, Navy and Marine Corps as proposed by 

both the House and the Senate. 

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY 

AND MARINE CORPS 

The conference agreement appropriates $367,863,000 for Family Housing Operation and Maintenance, Navy and Marine Corps 

as proposed by both the House and the Senate. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE 

The conference agreement appropriates $60,042,000 for Family 

Housing Construction, Air Force instead of $84,804,000 as proposed 

by both the House and the Senate. The funding adjustment was requested by the Air Force to offset a shortfall in family housing operation and maintenance funding. To cover the shortfall, the Air 

Force requested the cancellation of a family housing construction 

improvement project at Misawa, Japan, resulting in a decrease of 

$24,762,000 from the budget submission. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 

FORCE 

The conference agreement appropriates $429,523,000 for Family Housing Operation and Maintenance, Air Force instead of 

$404,761,000 as proposed by both the House and the Senate. The 

$24,762,000 increase was requested by the Air Force to cover a projected shortfall in family housing operation and maintenance funding. The funding increase is offset by a corresponding reduction of 

$24,762,000 in Air Force family housing construction funding. 

FAMILY HOUSING OPERATION AND MAINTENANCE, 

DEFENSE-WIDE 

The conference agreement appropriates $50,723,000 for Family 

Housing Operation and Maintenance, Defense-Wide as proposed by 

both the House and the Senate. 

DEPARTMENT OF DEFENSE FAMILY HOUSING 

IMPROVEMENT FUND 

The conference agreement appropriates $2,184,000 for the Department of Defense Family Housing Improvement Fund as proposed by both the House and the Senate. 

HOMEOWNERS ASSISTANCE FUND 

The conference agreement appropriates $1,284,000 for the 

Homeowners Assistance Fund as proposed by both the House and 

the Senate. The conference agreement also includes language that 

the Secretary of Defense shall not issue any regulation or otherwise 

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tion benefits, as provided under section 1013 of the Demonstration 

Cities and Metropolitan Development Act of 1966, (42 U.S.C. 3374), 

as amended. 

CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSEWIDE 

The conference agreement appropriates $75,312,000 for Chemical Demilitarization Construction, Defense-Wide as proposed by 

both the House and the Senate. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

The conference agreement appropriates $323,543,000 for the 

Department of Defense Base Closure Account 1990, as proposed by 

the Senate instead of $373,543,000 as proposed by the House. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

The conference agreement appropriates $258,776,000 for the 

Department of Defense Base Closure Account 2005, as proposed by 

both the House and Senate. The conferees note that significant bid 

savings have been realized in the BRAC 2005 military construction 

program, primarily as a result of the favorable bid climate over the 

past several years, and believe that these savings should be used 

to offset current BRAC 2005 requirements as well as current and 

projected requirements of the Homeowners Assistance Program. 

The conferees therefore are rescinding $258,776,000 from previous 

BRAC 2005 appropriations (Sec. 132 of Administrative Provisions) 

to offset the fiscal 2012 request. Additionally, the conferees direct 

the Department to use the transfer authority provided elsewhere in 

this Act to transfer sufficient unobligated balances from the BRAC 

2005 account to the Homeowners Assistance Program to address eligible claims for benefits, including permanent change of station 

benefits, submitted through September 30, 2012. 

BRAC 133.—On November 30, 2011, the Department of Defense Inspector General (DODIG) released report number DODIG 

2012–024, which found that the Army’s transportation management plan for Base Closure and Realignment (BRAC) recommendation #133 (Mark Center) was based on faulty data, rendering the 

transportation plan’s findings and conclusions unreliable. Further, 

the Inspector General found that the traffic studies used to develop 

the plan do not address the totality of issues related to site ingress 

and egress, nor will the plan achieve its goal of reducing single-occupancy vehicle utilization. The conferees find the analysis as outlined in the DODIG’s report deeply troubling. Equally troubling is 

the Army’s refusal to even consider the DODIG’s recommendations. 

In an effort to mitigate traffic congestion surrounding the 

Mark Center site, the conference agreement includes a limitation 

on the number of parking spaces the Department may utilize at the 

Mark Center to no more than 2,000, with the exception of disabled 

parking spaces. The limitation may be waived in part, but not in 

whole, if the Secretary of Defense certifies that none of the intersections surrounding the Mark Center reach failing levels of service 

‘‘e’’ or ‘‘f,’’ as defined by the Transportation Research Board Highway Capacity Manual, during a consecutive 90-day period. 


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Should the intersections currently undergoing traffic monitoring surrounding the Mark Center be deemed as not to have 

reached failing levels of service, the Department of Defense (DOD) 

and the Virginia Department of Transportation (VDOT) must agree 

to the number of additional spaces that may be utilized at the 

Mark Center, which would then be subject to another 90-day traffic 

monitoring program. To ensure that the Department adequately 

plans and mitigates traffic generated by the BRAC #133 development, the Department is directed to implement the DODIG’s recommendations outlined in report number DODIG–2012–024, and 

certify to Congress not later than 180 days after enactment of this 

Act that the recommendations have been implemented. 

The conferees recognize that the employees that work at the 

Mark Center bear no fault in the poor planning and execution of 

the transportation management plan. The conferees therefore 

strongly encourage the Department of Defense to examine mandatory commuting alternatives such as telework, flexible work schedules, satellite parking facilities with dedicated shuttle service to 

the Mark Center, parking capacity at the Pentagon, additional 

ridesharing and public transit incentives and all other means to ensure that Mark Center employees can commute to and from work 

without undue burden. 

ADMINISTRATIVE PROVISIONS 

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)

The conference agreement includes section 101 as proposed by 

both the House and the Senate limiting the use of funds under a 

cost-plus-a-fixed-fee contract. 

The conference agreement includes section 102 as proposed by 

both the House and the Senate allowing the use of construction 

funds in this title for hire of passenger motor vehicles. 

The conference agreement includes section 103 as proposed by 

both the House and the Senate allowing the use of construction 

funds in this title for advances to the Federal Highway Administration for the construction of access roads. 

The conference agreement includes section 104 as proposed by 

both the House and the Senate prohibiting construction of new 

bases in the United States without a specific appropriation. 

The conference agreement includes section 105 as proposed by 

both the House and the Senate limiting the use of funds for the 

purchase of land or land easements that exceed 100 percent of the 

value. 

The conference agreement includes section 106 as proposed by 

both the House and the Senate prohibiting the use of funds, except 

funds appropriated in this title for that purpose, for family housing. 

The conference agreement includes section 107 as proposed by 

both the House and the Senate limiting the use of minor construction funds to transfer or relocate activities. 

The conference agreement includes section 108 as proposed by 

both the House and the Senate prohibiting the procurement of steel 

unless American producers, fabricators, and manufacturers have 

been allowed to compete. 


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The conference agreement includes section 109 as proposed by 

both the House and the Senate prohibiting the use of construction 

or family housing funds to pay real property taxes in any foreign 

nation. 

The conference agreement includes section 110 as proposed by 

both the House and the Senate prohibiting the use of funds to initiate a new installation overseas without prior notification. 

The conference agreement includes section 111 as proposed by 

the Senate establishing a preference for American architectural 

and engineering services for overseas projects. The House bill contained a similar provision, but included countries within the United 

States Central Command Area of Responsibility. 

The conference agreement includes section 112 as proposed by 

the Senate establishing a preference for American contractors in 

certain locations. The House bill contained a similar provision, but 

included countries within the United States Central Command 

Area of Responsibility. 

The conference agreement includes section 113 as proposed by 

both the House and the Senate requiring congressional notification 

of military exercises when construction costs exceed $100,000. 

The conference agreement includes section 114 as proposed by 

both the House and the Senate limiting obligations in the last two 

months of the fiscal year. 

The conference agreement includes section 115 as proposed by 

both the House and the Senate allowing funds appropriated in 

prior years for new projects authorized during the current session 

of Congress. 

The conference agreement includes section 116 as proposed by 

both the House and the Senate allowing the use of expired or 

lapsed funds to pay the cost of supervision for any project being 

completed with lapsed funds. 

The conference agreement includes section 117 as proposed by 

both the House and the Senate allowing military construction 

funds to be available for five years. 

The conference agreement includes section 118 as proposed by 

both the House and the Senate allowing the transfer of proceeds 

between BRAC accounts. 

The conference agreement includes section 119 as proposed by 

both the House and the Senate allowing the transfer of funds from 

Family Housing Construction accounts to the Family Housing Improvement Fund. 

The conference agreement includes section 120 as proposed by 

both the House and the Senate allowing transfers to the Homeowners Assistance Fund. 

The conference agreement does not include a provision proposed by the Senate (Sec. 120) requiring congressional notification 

prior to issuing a solicitation for a contract with the private sector 

for family housing. The House bill contained no similar provision. 

The conference agreement includes section 121 as proposed by 

both the House and the Senate limiting the source of operation and 

maintenance funds for flag and general officer quarters and allowing for notification by electronic medium. 


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The conference agreement includes section 122 as proposed by 

both the House and the Senate extending the availability of funds 

in the Ford Island Improvement Account. 

The conference agreement includes section 123 as proposed by 

both the House and the Senate placing limitations on the expenditure of funds for projects impacted by BRAC 2005. 

The conference agreement includes section 124 as proposed by 

both the House and the Senate allowing the transfer of expired 

funds to the Foreign Currency Fluctuations, Construction, Defense 

account. 

The conference agreement includes section 125 as proposed by 

the Senate allowing for the reprogramming of construction funds 

among projects and activities subject to certain criteria. The House 

bill contained a similar provision with an additional reporting requirement. 

The conference agreement does not include a provision proposed by the House (Sec. 126) rescinding unobligated balances 

available for the Base Realignment and Closure Account 1990. The 

Senate bill contained no similar provision. 

The conference agreement includes a modified section 126 as 

proposed by the Senate related to the closure of the Umatilla Army 

Chemical Depot. The House bill contained no similar provision. 

The conference agreement includes a modified section 127 as 

proposed by the House which limits parking at BRAC 133 to 2,000 

spaces and includes other requirements and exemptions. The Senate bill contained no similar provision. 

The conference agreement includes section 128 as proposed by 

the Senate restricting the obligation of funds for a permanent 

United States Africa Command headquarters outside of the United 

States until an analysis of all military construction costs is submitted to the congressional defense committees. The House bill contained no similar provision. 

The conference agreement includes section 129 as proposed by 

the House prohibiting the use of funds for any action related to the 

expansion of Pinon Canyon Maneuver Site, Colorado. The Senate 

bill contained no similar provision. 

The conference agreement includes a modified section 130 as 

proposed by the House restricting the obligation of funds for relocating an Army unit that performs a testing mission. The Senate 

bill contained no similar provision. 

The conference agreement does not include a provision proposed by the Senate (Sec. 129) restricting the obligation of funds 

for military construction projects in Germany. The House bill contained no similar provision. This issue is instead addressed under 

Items of General Interest in Title I. 

The conference agreement does not include a provision proposed by the Senate (Sec. 130) requiring a report on the status and 

improvement plan for all DODEA schools with Q3 or Q4 rating. 

The House bill contained no similar provision. This issue is instead 

addressed under Military Construction, Defense-Wide in Title I. 

The conference agreement includes section 131 rescinding unobligated balances primarily due to bid savings from the following 

accounts in the specified amounts: Military Construction, Army, 

$100,000,000; Military Construction, Navy and Marine Corps, 


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$25,000,000; Military Construction, Air Force, $32,000,000; and 

Military Construction, Defense-Wide, $131,400,000. The Senate bill 

contained no similar provision. 

The conference agreement includes section 132 rescinding unobligated balances from the Department of Defense Base Closure 

Account 2005. The House bill contained a similar provision and the 

Senate bill contained no similar provision. 


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TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION 

COMPENSATION AND PENSIONS 

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $51,237,567,000 for 

Compensation and Pensions instead of $58,067,319,000 as proposed 

by both the House and the Senate. The agreement reflects new estimates provided in the Administration’s mid-session review. Of the 

amount provided, not more than $32,187,000 is to be transferred 

to General Operating Expenses, Veterans Benefits Administration, 

Medical Support and Compliance, and Information Technology Systems for reimbursement of necessary expenses in implementing 

provisions of title 38, as proposed by both the House and the Senate. 

READJUSTMENT BENEFITS 

The conference agreement appropriates $12,108,488,000 for Readjustment Benefits instead of $11,011,086,000 as proposed by both 

the House and the Senate. The agreement reflects new estimates 

provided in the Administration’s mid-session review. 

VETERANS INSURANCE AND INDEMNITIES 

The conference agreement appropriates $100,252,000 for Veterans Insurance and Indemnities as proposed by both the House 

and the Senate. 

VETERANS HOUSING BENEFIT PROGRAM FUND 

The conference agreement appropriates such sums as may be 

necessary for costs associated with direct and guaranteed loans for 

the Veterans Housing Benefit Program Fund, as proposed by both 

the House and the Senate. The agreement limits obligations for direct loans to not more than $500,000 and provides that 

$154,698,000 shall be available for administrative expenses, as proposed by both the House and the Senate. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT 

The conference agreement appropriates $19,000 for the cost of 

direct loans from the Vocational Rehabilitation Loans Program Account, plus $343,000 to be paid to the appropriation for General 

Operating Expenses, Veterans Benefits Administration, as proposed by both the House and the Senate. The agreement provides 

for a direct loan limitation of $3,019,000 as proposed by both the 

House and the Senate. 


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NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM 

ACCOUNT 

The conference agreement appropriates $1,116,000 for administrative expenses of the Native American Veteran Housing Loan 

Program Account as proposed by both the House and the Senate. 

VETERANS HEALTH ADMINISTRATION 

AREAS OF INTEREST

Rural access. The conferees are deeply concerned about the difficulties veterans in rural areas face in finding appropriate and accessible Department of Veterans Affairs (VA) health care. As identified in the House and Senate reports, the conferees urge the VA 

to focus on infrastructure improvements at small and mid-sized 

medical centers, to consider offering mobile health services, to promulgate regulations allowing veterans service organizations to provide better transportation options for rural veterans, and to partner with State and local organizations to identify veterans in rural 

and highly rural areas. The conferees also expect to see a longrange strategic plan for the Office of Rural Health, as well as that 

Office’s response to recommendations in the Inspector General’s 

April 2011 report. The conferees emphasize that all reports on 

rural access issues requested by either the House or Senate are required to be submitted to the Committees on Appropriations of the 

House of Representatives and the Senate (‘‘Committees’’) 90 days 

after enactment of this Act, as described in the first section of this 

explanatory statement. In addition to the strategic plan, the conferees strongly urge the Department to improve the accessibility, 

efficiency, and effectiveness of rural healthcare by detailing options 

available for veterans who need to access healthcare from facilities 

which are ‘‘split campus’’ models where outpatient care and specialty services are not collocated. 

Licensing. The conferees urge the Department of Defense 

(DOD) and the VA to examine ways to eliminate duplicative licensing requirements as described in Senate Report 112–29. 

MEDICAL SERVICES 

The conference agreement appropriates $41,354,000,000 in advance for fiscal year 2013 for Medical Services, as proposed by both 

the House and the Senate. The agreement does not extend the 

availability of any of this funding until September 30, 2014, as proposed by the House. The conferees do not include the language proposed by the House limiting the use of $664,000,000 of fiscal year 

2012 medical services funding to the fourth quarter and only once 

approval is obtained from the Committees. 

The conference agreement fully funds the family caregivers 

program at the request level of $248,000,000 for fiscal year 2013. 

The conferees urge the VA to ensure that the caregivers program 

remains a top priority. 

The conference agreement provides sufficient resources to fully 

implement VA homeless assistance programs, including the providers grant and per diem, domiciliary care for homeless veterans, 

and the HUD–VA supported housing program. In particular, the 


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conferees urge the VA to focus on homeless veterans living in rural 

and highly rural areas. 

The conferees concur with the direction of the House regarding 

an annual report detailing the distribution of medical services 

funding among the Veterans Integrated Service Networks, central 

headquarters, and medical centers. 

The conferees concur with the House report language directing 

the VA not to convert dialysis service from contract-provided care 

to in-house care until after completion and evaluation of its pilot 

demonstration. The conferees include an exception to this directive 

if there are any locations where it would result in a diminution of 

clinical care. 

The conferees urge the VA to continue implementation of the 

Integrated Mental Health Strategy. 

The conferees note that VA HIV testing rates significantly improved at VA facilities which used a clinical reminder to prompt 

routine HIV testing. The conferees urge the VA to employ HIV testing clinical reminders at all VA medical centers to accelerate the 

implementation of routine HIV testing, consistent with VHA Directive 2009–036. The conferees also encourage the VA to continue to 

award laboratory and clinical grants to implement routine HIV 

testing. 

MEDICAL SUPPORT AND COMPLIANCE 

The conference agreement appropriates $5,746,000,000 in advance for fiscal year 2013 for Medical Support and Compliance, as 

proposed by both the House and the Senate. The agreement does 

not extend the availability of any of this funding until September 

30, 2014, as proposed by the House. 

MEDICAL FACILITIES 

The conference agreement appropriates $5,441,000,000 in advance for fiscal year 2013 for Medical Facilities, as proposed by 

both the House and the Senate. The agreement does not extend the 

availability of any of this funding until September 30, 2014, as proposed by the House. The conferees urge the Department to submit 

an additional fiscal year 2013 budget request for Medical Facilities 

with the submission of the 2013 budget to address the need for increased non-recurring maintenance funding. Additionally, the conferees direct the Department to submit no later than April 6, 2012, 

a comprehensive list by location of all established multi-specialty 

outpatient clinics and any proposed to be opened in fiscal year 

2012. 

MEDICAL AND PROSTHETIC RESEARCH 

The conference agreement appropriates $581,000,000 for Medical and Prosthetic Research as proposed by the Senate instead of 

$530,774,000 as proposed by the House. 

The conferees continue to support the development of advanced 

prosthetic devices and direct that, no later than 90 days after the 

enactment of this Act, the Secretary, in coordination with the Defense Advanced Research Projects Agency, shall submit to the Committees on Appropriations, the Committees on Veterans Affairs, 


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and the Committees on Armed Services of both Houses of Congress 

a report on the Department’s plans to make the next generation of 

advanced prosthetics available for injured veterans and members of 

the Armed Forces. The report shall include the strategic plan and 

timetable to make the next generation prosthetic devices available 

and a description of the challenges (both technical and administrative) that could impact the schedule, as well as the Department’s 

plans to mitigate these challenges. 

NATIONAL CEMETERY ADMINISTRATION 

The conference agreement appropriates $250,934,000 for the 

National Cemetery Administration (NCA) as proposed by both the 

House and the Senate. Of the amount provided, $25,100,000 is 

available until September 30, 2013, as proposed by both the House 

and the Senate. 

The conferees are concerned that the NCA has failed to adequately serve the burial needs the nation’s veterans in rural areas. 

The NCA fiscal year 2012 budget submission acknowledges that 10 

percent of all veterans will not have access to a burial option in a 

national, State or tribal cemetery. The majority of these underserved veterans live in rural areas, and the conferees are concerned 

that the NCA’s Urban Initiative will exacerbate the disparity of 

burial services between urban and rural veterans. The conferees 

have included a provision in the bill prohibiting funds from being 

used to expand the Urban Initiative beyond the sites already outlined in the budget until the NCA submits to the Committees a detailed strategy to meet the burial needs of veterans residing in 

rural and highly rural areas. The report shall include a timeline for 

implementation of such a strategy and cost estimates of establishing new burial sites in at least five rural or highly rural locations. This report shall be submitted no later than February 6, 

2012. 

In the short term, because the Secretary has the authority to 

waive Department guidance establishing a population threshold for 

creating national cemeteries, the conferees urge the Secretary to 

use this waiver authority to address the pressing needs for access 

to VA cemeteries in some rural areas. 

DEPARTMENTAL ADMINISTRATION 

GENERAL ADMINISTRATION

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $416,737,000 for General Administration, instead of $400,500,000 as proposed by the 

House and $431,257,000 as proposed by the Senate. Of the amount 

provided, $20,837,000 is available for obligation until September 

30, 2013, instead of $22,144,000 as proposed by the House and 

$21,562,000 as proposed by the Senate. The conference agreement 

includes bill language permitting the transfer of funds from this account to ‘‘General Operating Expenses, Veterans Benefits Administration’’, as proposed by both the House and Senate. Bill language 

is not included to identify specific resources to improve acquisition 


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workforce capacity. The House and Senate had included such language, but with different funding amounts. 

The Administration’s budget request proposed that funding for 

administrative expenses associated with executive offices be included in a single account with the general operating expenses of 

the Veterans Benefits Administration. The conference agreement 

includes funding for these two distinct functions in two separate 

accounts: General operating expenses, Veterans Benefits Administration; and General administration, as proposed by both the House 

and Senate. The conferees believe that differences in the mission 

and purpose of the Department’s executive offices and the Veterans 

Benefits Administration justify providing funding in two separate 

accounts. Further, separating these two broad categories will provide the Congress with greater visibility of budgetary resources and 

oversight of expenditures for these two vital missions. 

The conference agreement includes the following funding levels: 

[In thousands of dollars] 

Office House Senate Conference 

The Secretary .......................................................................................................... 9,270 10,104 10,085 

Board of Veterans Appeals ..................................................................................... 78,273 78,006 78,006 

General Counsel ...................................................................................................... 80,778 84,073 83,099 

Management ........................................................................................................... 43,956 45,686 45,598 

Human Resources ................................................................................................... 68,590 70,516 70,379 

Policy and Planning ................................................................................................ 26,015 26,127 26,015 

Operations Security and Prep ................................................................................. 16,746 19,543 18,510 

Public and Intergovernmental Affairs .................................................................... 22,079 23,330 23,286 

Cong and Legislative Affairs .................................................................................. 6,065 6,065 6,053

Acquisition, Logistics and Construction ................................................................. 70,728 67,807 55,706 

Undistributed .......................................................................................................... ¥22,000 .................... ....................

Total ............................................................................................................... 400,500 431,257 416,737 

The total for the Office of the General Counsel includes 

$1,889,000 for staffing to speed the appeals process and regulation 

promulgation, as requested by the Administration and proposed by 

the Senate. The House had no similar provision. 

Within the total for the Office of Management, the conference agreement provides $1,600,000 to conduct audits of the Veterans 

Health Administration Fee Care program, as requested by the Administration and proposed by the Senate. The House did not include a similar provision. The conferees concur in the Fee Care report requirement proposed by the Senate and expect the report to 

be submitted within 90 days of enactment of this Act. The conferees provide $1,900,000 within the Office of Operations, Security and Preparedness to implement the Homeland Security Presidential Directive 12 mandate. The Senate provided 

$2,900,000 for this activity, as proposed in the Administration request; the House did not provide specific funding. The agreement 

also provides $705,000 to activate the Integrated Operations Center and the Capital Region Readiness Center, as requested by the 

Administration and proposed by the Senate. The House did not include a similar provision. 

The conference agreement provides $1,150,000 within the Office of Public and Intergovernmental Affairs for the tribal government outreach and new media offices, as requested by the AdminisVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01294 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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tration and proposed by the Senate. The House did not include 

similar provisions. 

The conference agreement provides $5,000,000 within the Office of Acquisition, Logistics, and Construction for the 2012 President’s acquisition initiative and the facilities management transformation. The House provided $20,000,000 for these activities; the 

Senate provided $17,000,000. 

The conferees require the VA to include in budget justification 

documents each year a detailed summary of the marketing campaign budget, as proposed in the House report. The Senate report 

did not include a similar requirement. 

The conferees concur in the Senate report directive requiring 

a report on adopting payment recapture audits, with the report to 

be submitted within 90 days of enactment of this Act. 

GENERAL OPERATING EXPENSES, VETERANS BENEFITS 

ADMINISTRATION 

The conference agreement appropriates $2,018,764,000 for 

General Operating Expenses, Veterans Benefits Administration, as 

proposed by the Senate instead of $2,020,128,000, as proposed by 

the House. The agreement makes available not to exceed 

$105,000,000 of this funding until the end of fiscal year 2013, as 

proposed by the Senate, instead of $105,856,000 as proposed by the 

House. The conferees concur with Senate report language regarding Decision Review Officers. 

INFORMATION TECHNOLOGY SYSTEMS 

The conference agreement appropriates $3,111,376,000 for Information Technology (IT) Systems instead of $3,025,000,000 as 

proposed by the House and $3,161,376,000 as proposed by the Senate. The agreement follows the Senate format of identifying separately in bill language the funding available for pay ($915,000,000); 

operations and maintenance ($1,616,018,000); and systems development, modernization, and enhancement ($580,358,000). The Senate 

bill provided $915,000,000 for pay; $1,709,953,000 for operations 

and maintenance; and $536,423,000 for development. The House 

provided all IT funding in one lump sum. The agreement also 

adopts the Senate proposal of making $25,000,000 of pay funding 

available until the end of fiscal year 2013; $110,000,000 of operations and maintenance funding available until the end of fiscal 

year 2013; and all IT systems development, modernization and enhancement funding available until the end of fiscal year 2013. The 

House proposed to make the entire IT appropriation available until 

the end of fiscal year 2013. 

On May 2, 2011, the Secretary of Veterans Affairs and the Secretary of Defense entered into an agreement to implement an integrated electronic health record (iEHR) system rather than pursue 

separate strategies for modernizing the two existing health record 

systems. The conferees are encouraged by this agreement and believe that successful development and implementation is crucial for 

both Departments to continue to provide high-quality medical care 

in the 21st century and to enhance seamless transition from active 

duty to the VA. 


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The conferees strongly encourage the Secretaries of the Department of Veterans Affairs and the Department of Defense to continue to work together throughout the development of this new system to ensure an unambiguous and unified message is clearly articulated to both Departments. It is imperative the new iEHR system be agreed to and driven by senior leadership at both Departments to ensure system development is on time and within budget. 

Given that the two Departments entered into this agreement 

after the Administration had transmitted the fiscal year 2012 

budget request to Congress, the VA has had to alter its original Information Technology budget submission to account for iEHR. According to the VA, the requirement for iEHR in fiscal year 2012 is 

$100,000,000, which includes $73,200,000 in development funds. 

The conference agreement fully funds this request and includes an 

updated development chart displaying the iEHR development requirement. 

The conferees direct the Department of Veterans Affairs, in 

conjunction with the Department of Defense, to identify the timeframe for completion of an integrated electronic health record system and develop detailed benchmarks to track progress. Additionally, the conferees direct the Office of Information Technology to 

provide quarterly updates on the progress of this project to the 

Committees on Appropriations of both Houses of Congress. 

The conference agreement includes language proposed in both 

the House and Senate bills requiring that no IT funding may be 

obligated until the VA submits to the Committees, and the Committees approve, an expenditure plan meeting the four criteria outlined. The conferees are disturbed that the VA has not complied 

with this language in previous years and expect prompt compliance 

in fiscal year 2012. 

The conference agreement includes bill language proposed by 

the Senate but not the House prohibiting the obligation of IT development, modernization, and enhancement funding until the VA 

submits a certification of the amounts to be obligated, in part or 

in full, for each development project. 

The conference agreement includes bill language proposed by 

the Senate but not the House permitting funding made available 

for the three IT subaccounts to be transferred among them after 

the VA requests and receives approval from the Committees. 

The conferees include bill language making funds available for 

IT development, modernization, and enhancement for the projects 

and in the amounts specified in the following table: 

INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS 

[In thousands of dollars] 

Project Conference 

agreement 

Veterans Benefits Management System (VBMS): 

VBMS ............................................................................................................................................................... 88,870 

Veterans Service Network (VETSNET) .............................................................................................................. 17,843 

Total VBMS Development ....................................................................................................................... 106,713 

Virtual Lifetime Electronic Record (VLER): 

Memorial/Cemeterial Legacy Development ...................................................................................................... 10,859 


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INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS—Continued 

[In thousands of dollars] 

Project Conference 

agreement 

VISTA Web Performance and User Interface ................................................................................................... 600 

Bidirectional Health Information Exchange .................................................................................................... 3,760 

NHIN Gateway and Adaptor Development ....................................................................................................... 8,435 

Veteran Authorization and Policies Development ........................................................................................... 4,100 

VLER Services .................................................................................................................................................. 5,200 

Warrior Support/Information Sharing Initiative Development ......................................................................... 5,000 

Warrior Support/VA-DOD Identity Repository Development ............................................................................. 5,000 

Warrior Support/Federal Case Management Tool ............................................................................................ 6,640 

Total VLER Development ........................................................................................................................ 49,594 

Access to Healthcare: 

Access IT-Program Management Office .......................................................................................................... 1,000 

Emergency Department Information System Development ............................................................................. 7,400 

Surgical Quality and Workflow Management Development ............................................................................ 22,200 

Veterans Benefits Handbook Development ..................................................................................................... 6,000 

TeleHealth ........................................................................................................................................................ 3,300 

Bed Management Solution Development ........................................................................................................ 3,900 

National Utilization Management Integration Development ........................................................................... 1,760 

VPS Kiosk Development ................................................................................................................................... 1,700 

Total Access to Healthcare .................................................................................................................... 47,260 

New Models of Care: 

Patient Centered Medical Home Proposed Initiatives Development ............................................................... 2,200 

MyHealtheVet ................................................................................................................................................... 2,410 

Enterprise Web Applications ........................................................................................................................... 4,350 

TeleHealth ........................................................................................................................................................ 10,700 

Program Management Office .......................................................................................................................... 1,100 

VISTA Imaging—Telemedicine Development .................................................................................................. 5,034 

Woman’s Health Proposed Projects Development ........................................................................................... 1,900 

Total New Models of Care ...................................................................................................................... 27,694 

Homelessness: 

Homelessness—At Risk Tracking ................................................................................................................... 2,470 

Homelessness Registries ................................................................................................................................. 2,250 

Homelessness Case Management Development ............................................................................................. 150 

Total Homelessness IT Development ...................................................................................................... 4,870 

Healthcare Efficiency: 

PMO Support .................................................................................................................................................... 2,000 

Total Healthcare Efficiency .................................................................................................................... 2,000 

Mental Health: 

Behavioral Health Lab Software Development ................................................................................................ 1,060 

My Recovery Plan ............................................................................................................................................ 2,130 

Mental Health Systems Development .............................................................................................................. 4,121 

Total Mental Health IT Development ...................................................................................................... 7,311 

Other Development: 

Chapter 33 Development ................................................................................................................................. 52,000 

Integrated Electronic Health Record Development ......................................................................................... 73,200 

Health Management Platform Development ................................................................................................... 8,000 

Revenue Improvements System Enhancements Development ........................................................................ 1,091 

Compensation and Pension Records Interface Development ......................................................................... 1,091 

Caregivers Development .................................................................................................................................. 8,000 

International Classification of Diseases—10 Development ........................................................................... 29,930 

Health Provider Systems Development ............................................................................................................ 4,000 


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INFORMATION TECHNOLOGY DEVELOPMENT PROJECTS—Continued 

[In thousands of dollars] 

Project Conference 

agreement 

VHA Research IT Support Development .......................................................................................................... 16,755 

Human Capital Development .......................................................................................................................... 1,800 

Innovations ...................................................................................................................................................... 14,024 

Integrated Operating Model ............................................................................................................................ 16,520 

Strategic Capital Investment Planning Database Development .................................................................... 2,800 

VA Learning Management Systems Development ........................................................................................... 3,650 

Enterprise IT Support Development ................................................................................................................. 2,930 

Repositories Development ............................................................................................................................... 3,273 

Standards and Terminology Services .............................................................................................................. 1,091 

Safety and Security Initiative .......................................................................................................................... 21,163 

Enrollment System Modernization ................................................................................................................... 3,323 

Veterans Relationship Management Development .......................................................................................... 70,275 

Total Other Development ........................................................................................................................ 334,916 

Total Development .................................................................................................................................................... 580,538 

As proposed in the Senate bill, the conferees intend this table 

to serve as the Department’s approved list of development projects; 

any requested changes are subject to reprogramming guidelines. 

The agreement does not include the House proposed bill language 

requiring the VA to submit to the Committees a reprogramming 

base letter by project within 30 days of enactment of this Act. 

The conference agreement directs the Department to submit an 

expenditure plan to the Committees within 30 days of enactment 

of this Act as proposed by both the House and the Senate. This 

plan should be in the same format as the table above. The conferees also expect all future IT budget displays provided to the 

Committees to use this format. 

The conferees concur in the Senate report language concerning 

metrics for evaluating the Veterans Benefits Management System 

pilot. 

OFFICE OF INSPECTOR GENERAL 

The conference agreement appropriates $112,391,000 for the 

Office of Inspector General as proposed by the Senate instead of 

$109,391,000 as proposed by the House. Of the amount provided, 

$6,000,000 is available for obligation until September 30, 2013, as 

proposed by the House instead of $6,600,000 as proposed by the 

Senate. 

CONSTRUCTION, MAJOR PROJECTS 

The conference agreement appropriates $589,604,000 for Construction, Major Projects as proposed by both the House and the 

Senate. 

The agreement makes this funding available until expended, 

as proposed by the Senate, rather than with a limitation of five 

years as proposed by the House. The conferees are concerned about 

the very large unobligated balances that have built up in the major 

construction account and believe that the account’s ‘‘no year’’ funding framework must be changed. In contrast, military construction 

funds provided in this bill are made available on a five-year basis. 


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The Department of Defense (DOD) is able to manage these funds 

and construct its buildings in a timely way. The conferees understand that the VA will need to make process changes in planning, 

budgeting, and execution to make the DOD five-year obligation approach viable. The conferees direct the VA to develop a plan to 

transition to five-year availability of funds for both major and 

minor construction and deliver the plan to the Committees within 

180 days of enactment of this Act. The plan should identify any legislative language needed to make the plan workable. The conferees’ 

goal is to implement this plan when finalizing the fiscal year 2013 

budget in the fall of 2012. 

The conference agreement funds the following items as requested in the budget submission and as proposed by both the 

House and Senate: 

Project Conference 

agreement 

Veterans Health Admin (VHA): 

New Orleans, LA new medical facility ............................................................................................................. $60,000,000 

Denver, CO new medical facility ..................................................................................................................... 42,000,000 

San Juan, PR seismic corrections ................................................................................................................... 100,720,000 

St. Louis, MO medical facility improvements ................................................................................................. 80,000,000 

Palo Alto, CA polytrauma/ambulatory care ..................................................................................................... 75,900,000 

Bay Pines, FL in-/outpatient improvements .................................................................................................... 43,970,000 

Seattle, WA seismic deficiencies ..................................................................................................................... 47,500,000 

Reno, NV expansion of clinical services ......................................................................................................... 21,380,000 

W. Los Angeles, CA new tower/renovation ...................................................................................................... 50,790,000 

San Francisco, CA seismic deficiencies .......................................................................................................... 22,480,000 

Advance Planning Fund ................................................................................................................................... 59,145,000 

Asbestos ........................................................................................................................................................... 40,000,000 

Facility Security ................................................................................................................................................ 8,000,000 

CFM Staff ......................................................................................................................................................... 24,200,000 

Judgment Fund ................................................................................................................................................ 5,000,000 

Total VHA ..................................................................................................................................................... 681,085,000 

National Cemetery Admin (NCA): 

National Memorial Cemetery of Pacific columbarium/administration ............................................................ 23,700,000 

Advance Planning Fund ................................................................................................................................... 4,500,000 

NCA Land Acquisition Fund ............................................................................................................................. 10,000,000 

Total NCA ..................................................................................................................................................... 38,200,000 

General Admin staff offices ................................................................................................................................. 6,000,000 

Available from existing projects .......................................................................................................................... (135,681,000) 

Major construction total ....................................................................................................................................... 589,604,000 

The conferees direct the VA to submit a master plan at the 

time of the budget submission describing each major construction 

project included in the budget. The plan should include the projected time line for completion of each component of each of the 

projects and the annual and total cost of each project. The format 

of the DOD Form 1391 is a good model for the VA to use to describe clearly and completely the expected obligations for each 

project. 

The conferees encourage the VA to examine its practices on rehabilitation and re-use of national landmarks within the VA infrastructure that are aging, outdated, or obsolete and report to the 

Committees on any actions taken or planned to be taken on these 

facilities. 


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CONSTRUCTION, MINOR PROJECTS 

The conference agreement appropriates $482,386,000 for Construction, Minor Projects, instead of $475,091,000 as proposed by 

the House and $550,091,000 as proposed by the Senate. The agreement makes this funding available until expended, as proposed by 

the Senate, rather than with a limitation of five years as proposed 

by the House. As indicated in the narrative for Construction, Major 

Projects, the VA is directed to develop a plan to transition to fiveyear availability of funds for both major and minor construction 

and deliver the plan to the Committees within 180 days of enactment of this Act. 

As proposed by the Senate, the conferees direct the Department to provide to the Committees an expenditure plan for this account within 30 days of enactment of this Act. The House did not 

propose a similar requirement. 

The conferees expect the fiscal year 2013 budget submission to 

include a separate list of all minor construction projects proposed 

to be funded in fiscal year 2013 in priority order, consistent with 

the integrated Strategic Capital Investment Plan. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE 

FACILITIES 

The conference agreement appropriates $85,000,000 for Grants 

for Construction of State Extended Care Facilities, as proposed by 

both the House and the Senate. 

GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES 

The conference agreement appropriates $46,000,000 for Grants 

for Construction of Veterans Cemeteries, as proposed by both the 

House and the Senate. 

ADMINISTRATIVE PROVISIONS 

(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 

The conference agreement includes section 201 as proposed by 

both the House and the Senate allowing for transfers among three 

mandatory accounts. 

The conference agreement includes section 202 as proposed by 

both the House and the Senate allowing for the transfer of funds 

among the three medical accounts. 

The conference agreement includes section 203 as proposed by 

both the House and the Senate allowing salaries and expenses 

funds to be used for related authorized purposes. 

The conference agreement includes section 204 as proposed by 

both the House and the Senate restricting the use of funds for the 

acquisition of land. 

The conference agreement includes section 205 as proposed by 

both the House and the Senate limiting the use of funds in the 

Medical Services account only for entitled beneficiaries unless reimbursement is made to the Department. 

The conference agreement includes section 206 as proposed by 

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datory appropriations accounts for payment of prior year accrued 

obligations for those accounts. 

The conference agreement includes section 207 as proposed by 

both the House and the Senate allowing the use of appropriations 

available in this title to pay prior year obligations. 

The conference agreement includes section 208 as proposed by 

both the House and the Senate allowing the Department to use 

surplus earnings from the National Service Life Insurance Fund, 

the Veterans’ Special Life Insurance Fund, and the United States 

Government Life Insurance Fund to administer these programs. 

The conference agreement includes section 209 as proposed by 

both the House and the Senate allowing the Department to cover 

the administrative expenses of enhanced-use leases and provides 

authority to obligate these reimbursements in the year in which 

the proceeds are received. 

The conference agreement includes section 210 as proposed by 

both the House and the Senate limiting the amount of reimbursement the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication can charge other 

offices of the Department for services provided. 

The conference agreement includes section 211 as proposed by 

both the House and the Senate limiting the use of funds for any 

lease with an estimated annual rental cost of more than $1,000,000 

unless approved by the Committees on Appropriations of both 

Houses of Congress. 

The conference agreement includes section 212 as proposed by 

both the House and the Senate requiring the Department to collect 

third-party payer information for persons treated for a non-service 

connected disability. 

The conference agreement includes section 213 as proposed by 

both the House and the Senate allowing for the use of enhanceduse leasing revenues for Construction, Major Projects and Construction, Minor Projects. 

The conference agreement includes section 214 as proposed by 

both the House and the Senate allowing Medical Services funds to 

be used for expenses related to the broader mission of medical care 

to veterans. 

The conference agreement includes section 215 as proposed by 

both the House and the Senate allowing for funds deposited into 

the Medical Care Collections Fund to be transferred to the Medical 

Services account. 

The conference agreement includes section 216 as proposed by 

both the House and the Senate which allows Alaskan veterans to 

use medical facilities of the Indian Health Service or tribal organizations. 

The conference agreement includes section 217 as proposed by 

the Senate providing for the transfer of funds from the Department 

of Veterans Affairs Capital Asset Fund to the Construction, Major 

Projects and Construction, Minor Projects accounts and makes 

those funds available until expended. The House proposed that 

these funds be made available for five years. 

The conference agreement includes section 218 as proposed by 

both the House and the Senate prohibiting the use of funds for any 


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policy prohibiting the use of outreach or marketing to enroll new 

veterans. 

The conference agreement includes section 219 as proposed by 

both the House and the Senate requiring the Secretary to submit 

quarterly reports on the financial status of the Veterans Health 

Administration. 

The conference agreement includes section 220 as proposed by 

both the House and the Senate requiring the Department to notify 

and receive approval from the Committees of any proposed transfer 

of funding to or from the Information Technology Systems account. 

The conference agreement includes section 221 as proposed by 

the Senate providing for transfer of funds among development, 

modernization and enhancement projects or to newly identified 

projects within the Information Technology Systems account. The 

House proposed similar but more general language. 

The conference agreement includes section 222 as proposed by 

the Senate prohibiting any funds to be used to contract out any 

function performed by more than ten employees without a fair competition process. The House did not propose a similar provision. 

The conference agreement includes section 223 as proposed by 

both the House and the Senate limiting the obligation of non-recurring maintenance funds during the last two months of the fiscal 

year. 

The conference agreement includes section 224 as proposed by 

both the House and the Senate providing up to $241,666,000 for 

transfer to the joint DoD-VA Medical Facility Demonstration Fund. 

The conference agreement includes section 225 as proposed by 

both the House and the Senate which authorizes transfers from the 

Medical Care Collections Fund to the joint DoD-VA Demonstration 

Fund. 

The conference agreement includes section 226 as proposed by 

both the House and the Senate which transfers at least 

$15,000,000 from VA medical accounts to the DoD-VA health care 

sharing incentive fund. 

The conference agreement includes section 227 which is similar 

to a provision proposed by both the House and the Senate. It rescinds fiscal year 2012 medical account funding and re-appropriates it to be available for two years. The provision rescinds and 

re-appropriates $1,400,000,000 for Medical Services, $100,000,000 

for Medical Support and Compliance, and $250,000,000 for Medical 

Facilities. The House bill provided slightly different amounts. 

The conference agreement includes section 228 as proposed by 

the Senate requiring that the Department notify the Committees of 

bid savings in major construction projects of at least $5,000,000 or 

5 percent within 14 days of a contract identifying the programmed 

amount. The House bill proposed similar language. 

The conference agreement includes section 229 as proposed by 

both the House and the Senate which prohibits the VA from increasing the scope of work for a major construction project above 

the scope specified in the original budget request. 

The conference agreement includes section 230 which is similar 

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trolled substance monitoring programs. The Senate bill did not contain a similar provision. 

The conference agreement does not include section 230 as proposed by the Senate, requiring the Secretary, in coordination with 

the Defense Advanced Research Projects Agency (DARPA), to submit a report on the next generation of advanced prosthetics. This 

issue is addressed under the Medical and Prosthetic Research account. 

The conference agreement includes section 231 requiring the 

Secretary to report to the Committees each quarter about any single national outreach and awareness marketing campaign exceeding $2,000,000. The House bill contained similar language. The 

Senate did not have a comparable provision. 

The conference agreement includes, as VA administrative provision section 232, a general provision proposed by the House prohibiting the VA from using any funds to declare as excess to the 

needs of the VA Federal land and improvements to the St. Albans 

campus in New York. The Senate bill did not include a similar provision. 

The conference agreement includes, as VA administrative provision section 233, a general provision proposed by the House prohibiting the use of funds in the Act for any contract using procedures that do not give to small business concerns owned and controlled by veterans any preference with respect to such contract, 

except for a preference given to small business concerns owned and 

controlled by service-disabled veterans. The Senate bill did not include a similar provision. 

The conference agreement includes section 234 extending the 

authorization for the VA office in the Philippines through December 31, 2012. Neither the House nor the Senate bill contained a 

comparable provision. 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION 

SALARIES AND EXPENSES 

The conference agreement includes $61,100,000 for Salaries 

and Expenses of the American Battle Monuments Commission. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT 

The conference agreement includes such sums as necessary, estimated at $16,000,000, for the Foreign Currency Fluctuations Account. 

UNITED STATES COURT OF APPEALS FOR VETERANS 

CLAIMS 

SALARIES AND EXPENSES 

The conference agreement includes $30,770,000 for Salaries 

and Expenses. 


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DEPARTMENT OF DEFENSE—CIVIL 

CEMETERIAL EXPENSES, ARMY 

SALARIES AND EXPENSES 

The conference agreement includes $45,800,000 for Salaries 

and Expenses. 

Information Technology.—The conferees recognize the significant management and oversight improvements that have been 

made at Arlington National Cemetery over the past year, particularly efforts to improve the accuracy and reliability of burial and 

headstone records. The conferees also realize that the development 

of a robust information technology system is essential to this effort. 

To ensure that information technology development remains on 

track, the Executive Director of the Cemetery is directed to provide 

a report to Congress detailing the strategic plan and timetable for 

completing the modernization of the Cemetery’s information technology system, including electronic burial records. The report 

should also include a description of improvements implemented to 

date, and identify any remaining information technology and systems infrastructure requirements. The report should be submitted 

to the following Committees of both Houses of Congress no later 

than 90 days after enactment of this Act: The Committees on Appropriations, Armed Services, Veterans Affairs, and the Senate 

Homeland Security and Governmental Affairs Committee. 

ARMED FORCES RETIREMENT HOME 

TRUST FUND 

The conference agreement includes $67,700,000 for the Armed 

Forces Retirement Home, to be derived from the Trust Fund. 

GENERAL FUND PAYMENT, ARMED FORCES RETIREMENT 

HOME 

The conference agreement includes $14,630,000 for the Armed 

Forces Retirement Home, to be derived from the General Treasury. 

The amount provided is to facilitate repairs at the Washington, DC, 

campus to correct damage sustained by an earthquake on August 

23, 2011. 

ADMINISTRATIVE PROVISION 

The conference agreement does not include a Senate provision 

(Sec. 301) requiring a report on information technology modernization for Arlington National Cemetery. This issue is instead addressed elsewhere in this Statement of Managers. 

TITLE IV 

OVERSEAS CONTINGENCY OPERATIONS 

DEPARTMENT OF DEFENSE 

The conference agreement includes a new title IV, Overseas 

Contingency Operations. Title IV provides funding for certain miliVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01304 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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tary construction projects in the Central Command and Africa 

Command Areas of Responsibility that was requested in title I, 

Military Construction, in the budget submission. The conferees 

agree that the projects transferred to title IV are necessary to support the global war on terrorism and should be designated as overseas contingency operations functions. 

MILITARY CONSTRUCTION, ARMY 

The conference agreement appropriates $80,000,000 for Military Construction, Army in this title instead of title I of this Act 

as proposed by both the House and Senate. 

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 

The conference agreement appropriates an additional 

$189,703,000 for Military Construction, Navy and Marine Corps in 

this title instead of title I of this Act as proposed by both the House 

and Senate. 

ADMINISTRATIVE PROVISIONS 

(INCLUDING RESCISSION OF FUNDS) 

The conference agreement includes section 401 rescinding unobligated balances from title IV, Division E of Public Law 111–117 

in the specific amount of $269,703,000. The House and Senate bill 

included no similar provision. 


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TITLE V 

GENERAL PROVISIONS 

Section 501 prohibits the obligation of funds in the Act beyond 

the current fiscal year unless expressly so provided. 

Section 502 prohibits the use of the funds in this Act for programs, projects or activities not in compliance with Federal law relating to risk assessment, the protection of private property rights, 

or unfunded mandates. 

Section 503 requires pay raises to be absorbed within the levels appropriated in the Act. 

Section 504 prohibits the use of funds in the Act to support or 

defeat legislation pending before Congress. 

Section 505 encourages all Departments to expand their use of 

‘‘E-Commerce’’. 

Section 506 specifies the Congressional Committees that are to 

receive all reports and notifications. 

Section 507 prohibits the transfer of funds to any instrumentality of the United States Government without authority from an 

appropriations Act. 

Section 508 prohibits the use of funds for a project or program 

named for a serving Member, Delegate, or Resident Commissioner 

of the United States House of Representatives. 

Section 509 requires all reports submitted to the Congress to 

be posted on official websites of the submitting agency. 

Section 510 prohibits the use of funds to establish or maintain 

a computer network unless such network blocks the viewing, 

downloading, and exchanging of pornography, except for law enforcement investigation, prosecution, or adjudication activities. 

Section 511 prohibits the use of funds in this Act for the renovation, expansion, or construction of any facility in the continental 

United States for the purpose of housing any individual who has 

been detained at the United States Naval Station, Guantanamo 

Bay, Cuba. 

Section 512 prohibits the use of funds for the payment of firstclass travel by an employee of the executive branch. 

Section 513 prohibits the use of funds in this Act for any contract where the contractor has not complied with E-Verify requirements. 

The conference agreement includes a modified House provision, 

Section 514, which prohibits the use of funds in this Act for any 

contract, memorandum of understanding, or cooperative agreement 

with any corporation convicted of a felony criminal violation within 

the preceding 24 months, where the awarding agency is aware of 

the conviction. 

The conference agreement includes House provision 416 as an 

administrative provision under title II. 

The conferees have not included a House provision, section 417 

which prohibited funds for the enforcement of section 526 of the 

Energy Independence and Security Act of 2007. The conferees note 

that the enforcement of section 526 of the Energy Independence 

and Security Act of 2007 may lead to higher fuel costs for federal 

fleets in the absence of competitively priced new generation fuels 

that emit fewer emissions. In carrying out this statute, the SecVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01307 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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retary of Defense and the Secretary of Veterans Affairs should 

work to ensure that costs associated with fuel purchases necessary 

to carry out the missions of their respective departments should be 

minimized to the extent possible under the law. 

The conference agreement includes House provision 418 as an 

administrative provision under title II. 

The conference agreement does not include House provision 

419 which prohibited funds to be used in contravention of the War 

Powers Resolution. 


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DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS 

ACT, 2012 

In implementing this conference agreement, the departments 

and agencies shall comply with the Senate report (S. Rept. 112–85) 

accompanying S. 1601 as though stated in this joint explanatory 

statement unless specifically directed to the contrary. Matters addressed in the report of the House Subcommittee on State, Foreign 

Operations, and Related Programs (Full Committee Print, circulated on July 29, 2011) are restated in this joint explanatory 

statement where the conferees concur. 

TITLE I 

DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $6,550,947,000 for Diplomatic and Consular Programs (D&CP), of which up to 

$1,355,000,000 is for Worldwide Security Protection. The conference agreement provides an additional $4,389,064,000 in title 

VIII under this heading, which is designated for Overseas Contingency Operations/Global War on Terrorism (OCO/GWOT) pursuant 

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

Within the total provided under this heading, the conference 

agreement includes: 

$2,277,862,000 for Human Resources (of which $121,814,000 is 

for public diplomacy); 

$2,109,293,000 for Overseas Programs (of which $347,572,000 

is for public diplomacy); 

$822,513,000 for Diplomatic Policy and Support; and 

$1,341,279,000 for security programs. 

The conference agreement does not include funding for the 185 

new positions requested in fiscal year 2012. The conference agreement assumes continuation of the pay freeze in fiscal year 2012 for 

all Department of State employees, including Foreign Service Officers. 

The conference agreement includes language amending the 

heading ‘‘Civilian Stabilization Initiative’’ included in prior acts to 

‘‘Conflict Stabilization Operations’’ (CSO) and provides transfer authority of up to $35,000,000 of the funds appropriated under this 

heading to funds made available under the CSO heading. The conference agreement provides an additional $8,500,000 in title VIII 

under the CSO heading, which is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act 

of 1985. The conferees remain concerned with CSO’s limited activities, specifically the minor role it has played in response to the 


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earthquake in Haiti and the revolution in Libya. The conferees will 

further assess the performance of the CSO during fiscal year 2012. 

The conferees request the Secretary of State to be prepared to 

report to the Committees on Appropriations in hearings on the fiscal year 2013 budget on the use of the Secretary’s authority to determine whether an American citizen has voluntarily renounced 

United States citizenship as a result of engaging in activities with 

a Foreign Terrorist Organization. 

The conferees recognize that B–1 and B–2 visitor visa applications in some countries, such as the People’s Republic of China 

(PRC) and Brazil, are significantly and rapidly increasing. The 

number of visa applications increased 53 percent in Brazil and 64 

percent in the PRC from fiscal year 2010 to fiscal year 2011, resulting in increased delays in interviewing applicants and longer approval times. The Department of State is taking steps to reduce the 

wait time but more needs to be done. Section 7076 of this Act directs the Secretary of State to take steps to reduce delays in processing tourist visas in the PRC, Brazil, and India, and to consider 

extending the expiration period for B–1 and B–2 visas for applicants before requiring a consular officer interview. The conferees 

recognize that wait times for interviews can fluctuate due to unforeseen circumstances, including assisting United States citizens 

abroad during an emergency, but expect the Department to continue to implement steps to minimize wait times. The conferees expect the Secretary of State to determine the appropriate extension 

beyond the current one-year limit in a manner consistent with security controls. The conference agreement also permits the Secretary to conduct a pilot program for processing tourist visas via 

secure remote videoconferencing technology if doing so would not 

pose a security risk. 

The conferees direct the Secretary of State to report to the 

Committees on Appropriations, not later than 90 days after enactment of this Act, on steps taken to reduce visa processing wait 

times; the Department of State’s 5-year forecast of non-immigrant 

visas for each country; the number of consular officers necessary to 

meet the Department’s standards; a comparison of the Department’s forecast with the Department of Commerce’s 5-year visitor 

arrival projections; and the impact of the different projections on 

visa processing times and the required number of consular officers. 

The conferees direct the Secretary of State to provide to the 

Committees on Appropriations, not later than 90 days after the end 

of any videoconference pilot program, an assessment of the efficacy, 

efficiency, and security of this technology for conducting visa interviews. 

The conferees endorse Senate report language regarding the 

Coordinator for Cyber Issues, and recommend $1,000,000, in addition to funds otherwise made available for such purposes, for operations and programs under the Coordinator’s authority. The conferees recommend that the fiscal year 2013 congressional budget 

justification materials include a request for program funds under 

the Coordinator’s authority in the accounts included in title III of 

this Act. 

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cers posted overseas, including consideration of options for substantially reducing costs and delivery times and increasing available 

choices. 

The conferees are concerned with the unnecessary idling of 

parked motor vehicles that is wasteful and harms the environment. 

The conferees direct that, not later than 90 days after enactment 

of this Act, the Secretary of State, in consultation with the head 

of each United States Government agency that uses funds appropriated by this Act to purchase or lease motor vehicles, shall establish a policy to eliminate the unnecessary idling of parked motor 

vehicles and provide a copy of such policy to the Committees on Appropriations. Such policy may include exceptions to accommodate 

important security, health, or safety concerns, and if necessary to 

perform an important job function, ensure safe operating conditions, or to operate a motor vehicle in accordance with manufacturer specifications. 

The conferees support the Secretary of State’s expanded engagement with governments to improve the inter-country adoption 

process, to finalize implementation agreements with such governments, where appropriate, and to resolve impediments to the completion of adoptions for waiting families and children. 

The conferees encourage the Secretary of State to continue to 

support the United States-Colombia Action Plan on Racial and Ethnic Equality and the United States-Brazil Joint Action Plan on Racial and Ethnic Equality. 

The conference agreement includes new language prohibiting 

the use of funds under this heading for the preservation of religious 

sites unless the Secretary of State determines and reports to the 

Committees on Appropriations that: (1) The site is historically, artistically, or culturally significant; (2) the purpose of the project is 

neither to advance nor to inhibit the free exercise of religion; and 

(3) the project is in the national interest of the United States. 

The conferees direct that a portion of the funds that have been 

provided to the Bureau of International Organizations Affairs and 

Office of International Conferences should be used to support the 

Group of 8 (G–8) and NATO summits during 2012. 

The conference agreement includes language requiring the continuation of the pilot Partner Vetting System (PVS), and requires 

that such pilot be implemented by September 30, 2012. The conferees direct that such PVS pilot continue to be applied equally to 

the programs and activities of the Department of State and USAID, 

as required by section 7034 of Public Law 111–117. 

The conferees direct the Secretary of State to provide to the 

Committees on Appropriations, not later than 90 days after enactment of this Act, the following information on the Acquisitions 

Management program funded by the 1 percent procurement fee: (1) 

the Working Capital Fund (WCF) including carry-over balances, by 

line item, service center and program, currently available for the 

Acquisitions Management program; (2) the actual expenditures in 

fiscal year 2011 by line item, service center and program; (3) the 

number of staff, including employees and contractors funded by the 

1 percent procurement fee; and (4) an evaluation of the efficiencies 

and improvements gained through this program. The Secretary is 

also directed to include: (1) the funds from the 1 percent procureVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01320 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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ment fee in the WCF in the Department’s operating plans and 

quarterly unobligated balances report; and (2) a WCF section in the 

Department’s fiscal year 2013 congressional budget justification, 

providing information on total budgetary resources for the Bureau 

of Administration and any other office that receives WCF funds 

and a WCF table by line item, service center and program that 

shall serve as the control level for reprogramming and transfer 

purposes. 

The conferees direct the Secretary of State to continue to assist 

American victims of terrorism abroad regarding frozen assets for 

compensation and other issues, including from the bombings of 

United States facilities in Kenya and Tanzania and terrorist acts 

sponsored by former Libyan leader Muammar Qaddafi. 

The conferees endorse Senate report language regarding funding for the Bureau of Democracy, Human Rights and Labor to monitor United States assistance to foreign security forces pursuant to 

section 620M of the Foreign Assistance Act of 1961, as amended by 

this Act. 

The conferees direct the Secretary of State to continue the reporting requirement detailed under this heading in the joint statement accompanying the Department of State, Foreign Operations, 

and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) concerning agreements for transfer and release of 

detainees at Naval Station, Guantanamo Bay, Cuba. 

Section 7078 of this Act requires the Secretary of State to submit an operating plan for funds appropriated in title I. The conferees expect the operating plan to integrate the additional funds 

appropriated in title VIII for OCO/GWOT, where appropriate, and 

the OCO/GWOT amounts should be separately identified in the integrated plan. 

CAPITAL INVESTMENT FUND

The conference agreement provides $59,380,000 for the Capital 

Investment Fund. In addition, the conference agreement permits 

the transfer of up to $6,000,000 from funds appropriated under the 

heading Diplomatic and Consular Programs to funds available 

under this heading. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $61,904,000 for the Office of Inspector General (OIG), and an additional $67,182,000 in title 

VIII under this heading is designated for OCO/GWOT pursuant to 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

The conferees direct the Inspectors General of the Department 

of State and the United States Agency for International Development (USAID), the Special Inspector General for Afghanistan Reconstruction (SIGAR), and the Special Inspector General for Iraq 

Reconstruction (SIGIR) to coordinate audit plans and activities to 

minimize unnecessary duplication, ensure comprehensive oversight 

plans, and maximize the effective use of resources. The conferees 

direct the OIG to continue to plan for increased responsibilities 

when SIGIR draws down its oversight operations. 

Section 7078 of the conference agreement requires the relevant 

department, agency, or organization to submit to the Committees 


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on Appropriations a spend plan for funds appropriated in titles I 

and II of this Act. The conferees expect each inspector general 

funded under this heading in titles I and VIII to submit such plans 

within 30 days of enactment of this Act. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The conference agreement provides $583,200,000 for Educational and Cultural Exchange Programs, and an additional 

$15,600,000 in title VIII under this heading is designated for OCO/ 

GWOT pursuant to the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

No funds are provided for the one-time competitive grants program in fiscal year 2012. 

Section 7078 of this Act includes a requirement that the Secretary of State submit to the Committees on Appropriations an operating plan for funds appropriated under this heading. The conferees expect such plan will include the distribution of unobligated 

balances and recoveries, as well as any transfers to this account 

from other accounts. The operating plan should integrate the funds 

appropriated under this heading in title VIII of this Act for OCO/ 

GWOT, and the OCO/GWOT amounts should be separately identified in the integrated plan. 

Funds in this account are allocated, unless otherwise noted, according to the following table, and are subject to the provisions of 

section 7019 of this Act: 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 

[Budget authority in thousands of dollars] 

Activity Budget 

authority 

Academic Exchanges ................................................................................................................................................ 324,582 

Special Academic Exchanges (non-add) ......................................................................................................... [38,670] 

Professional and Cultural Exchanges ...................................................................................................................... 193,964 

Special Professional and Cultural Exchanges (non-add) ............................................................................... [7,881] 

Program Evaluation .................................................................................................................................................. 5,054 

Exchanges Support ................................................................................................................................................... 59,600 

Total, Educational and Cultural Exchange Programs 1 ......................................................................... 583,200 

1 An additional $15,600,000 is included in title VIII under this heading designated for OCO/GWOT pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

REPRESENTATION ALLOWANCES

The conference agreement provides $7,300,000 for Representation Allowances. 

The conferees direct the Secretary of State to provide a semiannual report to the Committees on Appropriations on the allotment and expenditure of representation allowances. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The conference agreement provides $27,000,000 for Protection 

of Foreign Missions and Officials. 

The conferees expect the Secretary of State to continue to submit to the Committees on Appropriations a semi-annual report on 

the number of claims for extraordinary protective services that 

have been submitted by eligible jurisdictions and certified as meetVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01322 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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ing the program requirements, and the amount of unobligated 

funds available to pay such claims. 

The conferees urge the Secretary of State to make appropriate 

reimbursements to jurisdictions providing security for visiting foreign officials and their delegations attending the G–8 and NATO 

summits in the United States during 2012. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement provides $1,537,000,000 for Embassy Security, Construction, and Maintenance, of which 

$775,000,000 is for worldwide security upgrades and $762,000,000 

is for other construction, operations, and maintenance. The conference agreement provides an additional $33,000,000 in title VIII 

under this heading designated for OCO/GWOT pursuant to the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

The conference agreement does not include funding for the 

nine new positions requested for fiscal year 2012. The conference 

agreement includes authorization for the Maintenance Cost Sharing initiative to utilize funding from the Capital Security Cost 

Sharing (CSCS) program for the maintenance, repair, and rehabilitation of new facilities with an inter-agency presence. 

The conferees are concerned with the long-term sustainability 

of the operating, maintenance, and utility costs of new diplomatic 

and consular facilities and directs the Secretary of State to impose 

a moratorium on beginning any new Capital Security construction 

projects until the Secretary provides the following information to 

the Committees on Appropriations: (1) the additional annual costs 

for operations and maintenance, including utilities and salaries, 

and the number of additional facilities and engineering staff that 

have been hired to operate the diplomatic and consular facilities 

that have become operational since the CSCS program began; (2) 

the estimated additional costs for operations and maintenance, including utilities and salaries, and the number of additional facilities and engineering staff necessary to operate the diplomatic and 

consular facilities that have been funded and/or are being constructed; and (3) the plan for addressing the $111,000,000 in deferred maintenance at existing diplomatic and consular facilities reported in the Department’s 2010 financial statements. 

The conferees direct the Secretary of State to seek to ensure 

that, where practicable, construction projects funded by this Act 

are accessible to people with disabilities. 

Section 7004(c) of this Act continues the requirement that all 

agencies and departments fully meet their capital cost share obligations under section 604(e) of the Secure Embassy Construction and 

Counterterrorism Act of 1999, and directs that such agency assessments be proportional to the Department of State’s capital security 

cost share contribution. The conferees direct that funds appropriated in prior acts not be used to augment the Department of 

State’s capital security cost share contribution for purposes of determining the 2012 capital security cost share assessment of other 

agencies. 

Section 7004(f) of this Act includes a limitation on the use of 

funds, other than funds from real property sales located in London, 

United Kingdom, for site acquisition and mitigation, planning, deVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01323 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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sign or construction of the New London Embassy and requires regular reporting on the project’s progress and cost. 

Section 7078 of this Act requires the Secretary of State to submit to the Committees on Appropriations an operating plan for 

funds appropriated under this heading. Such plan should include 

all resources available to the Department of State in fiscal year 

2012 for operations, maintenance, and construction, and an accounting of the actual and anticipated proceeds of sales for all 

projects in fiscal year 2011. The operating plan should integrate 

the funds appropriated under this heading in title VIII of this Act 

for OCO/GWOT, and the OCO/GWOT amounts should be separately identified in the integrated plan. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $9,300,000 for Emergencies 

in the Diplomatic and Consular Service. 

REPATRIATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $1,447,000 for the Repatriation Loans Program Account, of which not more than $710,000 is 

for administrative expenses. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The conference agreement provides $21,108,000 for the American Institute in Taiwan. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

The conference agreement provides $158,900,000 for the Foreign Service Retirement and Disability Fund. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The conference agreement provides $1,449,700,000 for Contributions to International Organizations, and an additional 

$101,300,000 in title VIII under this heading is designated for 

OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. 

The conferees direct the Secretary of State to report to the 

Committees on Appropriations, not later than 90 days after enactment of this Act, on the current status of the United Nations Capital Master Plan, including its initial scope and costs, any modifications made or planned, and the total contributions made to date by 

each United Nations (UN) member state. 

The conferees direct the Secretary of State to conduct a review 

of United States membership in each international organization 

supported by this account and prioritize the United States participation in, and funding for, each organization in accordance with 

United States policy goals. The review should also include any reVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01324 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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cent reforms the organizations have taken to increase transparency 

and accountability. The conferees direct the Secretary to provide 

the results of the review not later than 120 days after enactment 

of this Act. 

The conferees direct the United States Mission to the United 

Nations (USUN) and the Department of State to continue to advocate for an independent Office of Internal Oversight Services 

(OIOS) to improve internal controls, efficiency, and effectiveness of 

the UN. The conferees expect the Department and USUN to make 

the United Nations Transparency and Accountability Initiative a 

priority, and to provide updates in the congressional budget justification for fiscal year 2013 and on the Web site. 

The conferees expect the Department of State to continue to 

submit a report to the Committees on Appropriations on voting 

practices in the UN. 

Section 7078 of this Act requires the Secretary of State to submit an operating plan for the funds made available under this 

heading. The operating plan should include each international organization funded, a notation of any exchange rate fluctuations 

that occurred since such estimates were calculated for the congressional budget justification for fiscal year 2012, and a description of 

any Tax Equalization Fund credits applied. In addition, the operating plan should integrate the funds appropriated under this 

heading in title VIII of this Act for OCO/GWOT, and the OCO/ 

GWOT amounts should be separately identified in the integrated 

plan. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The conference agreement provides $1,828,182,000 for Contributions for International Peacekeeping Activities. 

The conferees expect the Department of State and USUN to 

evaluate and prioritize peacekeeping missions, and consider phaseout and withdrawal when mission goals have been substantially 

achieved. 

The conferees direct the Department of State to ensure that 

OIOS conducts oversight of UN peacekeeping missions. 

The conference agreement includes language in section 7078 

requiring an operating plan for this account not later than 30 days 

after enactment of this Act. The conferees expect the operating 

plan to include each peacekeeping mission funded and a description 

of any credits applied. 

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

SALARIES AND EXPENSES

The conference agreement provides $44,722,000 for salaries 

and expenses of the International Boundary and Water Commission, United States and Mexico (IBWC). 


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CONSTRUCTION

The conference agreement provides $31,453,000 for planning, 

preparation, and construction. 

Funds in this account are allocated according to the following 

table and are subject to the provisions of section 7019 of this Act: 

IBWC-CONSTRUCTION 

[Budget authority in thousands of dollars] 

Program/activity Budget 

authority 

Water Quantity Program ........................................................................................................................................... 24,353 

Rio Grande Flood Control System Rehabilitation (non-add) .......................................................................... [9,700] 

Water Quality Program ............................................................................................................................................. 1,400 

Resource & Asset Management Program ................................................................................................................ 5,700 

Total, IBWC—Construction .................................................................................................................... 31,453 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The conference agreement provides $11,687,000 for American 

Sections, International Commissions. 

INTERNATIONAL FISHERIES COMMISSIONS

The conference agreement provides $36,300,000 for International Fisheries Commissions. 

The conference agreement includes funding for the operational 

costs of the International Pacific Halibut Commission, including 

current lease expenses, and the conferees direct the Commission to 

fund these costs prior to investing in new programs or expanding 

existing programs. 

The conferees intend that funds made available under this 

heading be allocated as detailed in the Senate report. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The conference agreement provides $740,100,000 for International Broadcasting Operations, and an additional $4,400,000 in 

title VIII under this heading is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 

1985. 

The conferees endorse Senate report language regarding the 

denial of funding for Broadcasting Board of Governors (BBG) program enhancements. The conferees do not support the proposed 

recommendation to restructure broadcasting to the PRC, and provide adequate funding to sustain fiscal year 2011 program levels 

for Voice of America (VOA) and Radio Free Asia broadcasts to the 

PRC, including engineering costs. The conferees also provide adequate funding to continue fiscal year 2011 program levels for Radio 

Free Europe/Radio Liberty’s Radio Mashaal and VOA’s Radio 

Deewa. 


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The conferees direct the BBG to notify the Committees on Appropriations of any significant increases or decreases to broadcast 

hours on each transmission platform (including shortwave, medium 

wave, Internet, satellite, and television) previously justified to Congress for all BBG language services. The conferees do not intend 

that the BBG should notify the Committees regarding minor or 

short-term broadcast schedule changes with minimal funding implications or that result from spring and fall time changes. 

The conferees support continued funding for the BBG’s Internet circumvention program and direct the BBG to submit a report 

to the Committees on Appropriations, prior to the initial obligation 

of funds, detailing planned expenditures of funds that are made 

available for activities to promote Internet freedom. The conferees 

also direct the BBG, in coordination with the Secretary of State, to 

submit to the Committees on Appropriations, not later than September 30, 2012, a report describing efforts supported by the BBG, 

Department of State and USAID to promote Internet freedom, including an assessment of the results of such efforts and safeguards 

against the use of circumvention technology for illicit or illegal purposes. The conferees recommend that the fiscal year 2013 congressional budget justification materials include a request for funds for 

this program under this heading. 

Funds in this account are allocated according to the following 

table and are subject to the provisions of section 7019 of this Act: 

INTERNATIONAL BROADCASTING OPERATIONS 

[Budget authority in thousands of dollars] 

Program Budget 

authority 

Federal 

BBG/IBB Operations ........................................................................................................................................ 72,760 

Voice of America ............................................................................................................................................. 206,255 

Broadcasting to Cuba ..................................................................................................................................... 28,475 

Engineering and Technical Services ............................................................................................................... 189,300 

Subtotal, Federal .................................................................................................................................... 496,790 

Independent Grantee Organizations: 

Radio Free Europe/Radio Liberty (RFE/RL) ...................................................................................................... 94,870 

Radio Free Asia ............................................................................................................................................... 38,315 

Middle East Broadcasting Networks ............................................................................................................... 110,125 

Subtotal, Grantees .................................................................................................................................. 243,310 

Total, International Broadcasting Operations 1 ............................................................................. 740,100 

1 An additional $4,400,000 is included in title VIII under this heading designated for OCO/GWOT pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

Section 7078 requires the BBG to submit an operating plan for 

funds appropriated under this heading not later than 30 days after 

enactment of this Act. The conferees request that such plan include 

the assessed amount for the BBG’s capital security cost share. In 

addition, the operating plan should integrate the funds appropriated under this heading in title VIII of this Act for OCO/GWOT, 

and the OCO/GWOT amounts should be separately identified in 

the integrated plan. 


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BROADCASTING CAPITAL IMPROVEMENTS

The conference agreement provides $7,030,000 for Broadcasting Capital Improvements. 

RELATED PROGRAMS 

THE ASIA FOUNDATION

The conference agreement provides $17,000,000 for The Asia 

Foundation (TAF). 

The conferees urge TAF to continue to seek donations from private foundations and corporations, competitively bid awards from 

governmental and multilateral development agencies, and feebased or reimbursable agreements as a means of sustaining its activities, programs and offices in an environment of fiscal constraint. 

The conferees request that TAF include a summary table detailing 

total revenue and support by category for fiscal year 2011 and projected for fiscal year 2012 in the fiscal year 2013 congressional 

budget justification. 

UNITED STATES INSTITUTE OF PEACE

The conference agreement provides $30,589,000 for the United 

States Institute of Peace (USIP), and an additional $8,411,000 in 

title VIII under this heading is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 

1985. 

The conferees urge USIP to continue to seek competitively bid 

awards from other Federal agencies and to fully implement feebased or reimbursable agreements, where appropriate, as a means 

of sustaining its activities and programs in an environment of fiscal 

constraint. The conferees request USIP include in the fiscal year 

2013 congressional budget justification information on the amount 

of funds received in fiscal year 2011 from other Federal agencies, 

and the amount of revenue generated from fees and reimbursable 

agreements in fiscal year 2011, and projected for fiscal years 2012 

and 2013. 

CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND

The conference agreement provides $840,000 from interest and 

earnings from the Center for Middle Eastern-Western Dialogue 

Trust Fund. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

The conference agreement provides $500,000 from interest and 

earnings from the Eisenhower Exchange Fellowship Program Trust 

Fund. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

The conference agreement provides $375,000 from interest and 

earnings from the Israeli Arab Scholarship Endowment Fund. 


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EAST-WEST CENTER

The conference agreement provides $16,700,000 for the EastWest Center. 

NATIONAL ENDOWMENT FOR DEMOCRACY

The conference agreement provides $117,764,000 for the National Endowment for Democracy (NED). 

The conference agreement directs that $100,000,000 shall be 

allocated in the traditional and customary manner, as in prior 

years, to include the core institutes. 

The conference agreement requires the President of NED to 

submit a report on the proposed uses of these funds on a regional 

and country basis not later than 45 days after enactment of this 

Act. The report should include programmatic goals for each country 

and region, and how the planned use of funds will meet such goals. 

The conferees direct NED to consult with the Committees on Appropriations in advance of any significant deviation from the plans 

outlined in such report. 

OTHER COMMISSIONS 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

The conference agreement provides $634,000 for Commission 

for the Preservation of America’s Heritage Abroad. 

UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS

FREEDOM

SALARIES AND EXPENSES

The conference agreement provides $3,000,000 for the United 

States Commission on International Religious Freedom. 

The conference agreement extends the Commission’s authorization for one year and adds language making applicable to the Commission certain authorities and limitations regarding employee 

rights, travel, and the procurement of temporary services. 

The conferees also direct the Commission to provide a report 

to the Committees on Appropriations on actual fiscal year 2012 obligations and expenditures by cost category not later than October 

31, 2012. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

The conference agreement provides $2,715,000 for the Commission on Security and Cooperation in Europe. 


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CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

The conference agreement provides $1,996,000 for Congressional-Executive Commission on the People’s Republic of China. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $3,493,000 for the United 

States-China Economic and Security Review Commission. 

Not later than 180 days after enactment of this Act, the conferees direct the Commission to report to the Committees on Appropriations on the use of non-military assistance by the PRC (including loans, grants, and other funds not recognized as assistance 

by the Organization for Economic Cooperation and Development) to 

expand its strategic influence and access to natural resources. The 

report should be prepared on a region-by-region basis, include an 

analysis of the use of state-owned enterprises by the Government 

of the PRC (including those of the People’s Liberation Army) to further these objectives, and be publicly available on the Commission’s 

Web site. 

TITLE II 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $1,092,300,000 for USAID Operating Expenses, and an additional $255,000,000 in title VIII 

under this heading is designated for OCO/GWOT pursuant to the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

The conference agreement extends the period of availability of 

funds under this heading from one to two years, and no longer extends the authorities of section 7011 for funds made available 

under this heading. 

The conference agreement does not provide funding for additional Development Leadership Initiative positions in fiscal year 

2012. 

The conferees recognize the importance of USAID’s procurement reform efforts to enable USAID to become a more accessible, 

transparent, effective, and efficient agency, and the conference 

agreement includes several provisions intended to support these efforts as well as to build the capacity of local partners. The conference agreement includes section 7077 regarding authority for a 

local competition pilot project, provides $22,000,000 for the Acquisition Workforce Initiative and the Implementation and Procurement 

Reform Initiative, and $3,000,000 for upgrades to the procurement 


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IT system. The conferees intend that these funds will be used for 

USAID’s procurement reform efforts in fiscal years 2012 and 2013. 

In addition, the conference agreement includes adequate funds for 

fiscal year 2012 staffing and operations costs for the Office of Acquisition and Assistance and for operations and maintenance of the 

procurement IT system. The conference agreement does not include 

a requested provision authorizing a new USAID Working Capital 

Fund. The conferees will revisit the justification for such a fund in 

fiscal year 2013. The conferees direct the USAID Administrator to 

provide to the Committees on Appropriations not later than May 

1, 2012, an assessment of the efficiencies and improvements 

achieved as a result of USAID’s procurement reform efforts. 

The conferees direct the USAID Administrator to provide a report on staff hired by USAID, not later than 60 days after enactment of this Act, which details the number of people employed by: 

employment category (direct hire, personal service contractor, Participating Agency Service Agreement, and similar categories); veteran status of direct hires; headquarters office or overseas post; 

and the appropriation account used to fund employees. The report 

shall also include the specific legislative authorities used to hire 

the employees as applicable, and if hired by another Federal agency, the additional administrative expenses charged by that agency. 

The conferees direct that this employment report reflect data as of 

the end of fiscal year 2011. 

As in past years, USAID is directed to notify the Committees 

on Appropriations 15 days prior to any procurement action that involves awarding a sole source contract in excess of $15,000,000; 

awarding a non-competitive grant or contract (other than sole 

source) in an amount greater than $75,000,000; raising the ceiling 

on an existing Indefinite Quantity Contract (IQC) by an amount 

greater than $35,000,000; issuing a new IQC in excess of 

$75,000,000; awarding an umbrella grant in excess of $25,000,000; 

or raising the ceiling on an existing umbrella grant in excess of 

$25,000,000. This requirement does not apply to assistance in critical priority countries and assistance for humanitarian response or 

post-conflict situations. 

The conferees direct the USAID Administrator to include in 

the fiscal year 2013 congressional budget justification an estimate 

of savings resulting from closing missions by each mission for fiscal 

years 2012, 2013, and 2014. The conferees support USAID’s plan 

to close three missions during fiscal year 2012. 

The conference agreement includes changes in section 7015 on 

notification requirements for certain reorganization actions, and 

the conferees direct the USAID Administrator to consult with the 

Committees on Appropriations prior to initiating such actions. For 

the purposes of this requirement, such reorganizations are limited 

to those resulting in a significant shift in responsibility of the operating unit or in staffing and funds. The conferees do not expect to 

be consulted or notified for staffing reorganizations resulting in little or no change in responsibility of the operating unit, staffing or 

funds. 

The conferees direct the USAID Administrator to submit a report to the Committees on Appropriations, not later than 180 days 

after enactment of this Act, on the implementation of its branding 


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policy. The report should include an analysis of the public diplomacy impact of the current branding policy on a regional basis and 

the justification for the use of waivers to the policy. 

The conferees intend that funds appropriated under this heading be made available to develop and implement training for staff 

in overseas missions to promote the full inclusion and equal participation of people with disabilities. The conferees direct the USAID 

Administrator to seek to ensure that, where practicable, construction projects funded by this Act are accessible to people with disabilities and in compliance with USAID Policy on Standards for Accessibility for the Disabled, or other similar accessibility standards. 

Funds in this account are allocated, unless otherwise noted, according to the following table, and are subject to the provisions of 

section 7019 of this Act: 

USAID Operating Expenses 

[Budget authority in thousands of dollars] 

Program Budget 

•authority 

Agency Reform Efforts .......................................................................................................................................... 344,762 

Development Leadership Initiative (no new hires) (non-add) .................................................................... [319,762] 

Procurement Reform (non-add) ................................................................................................................... [25,000] 

Non-Frontline States Operations (including headquarters) ................................................................................. 632,100 

Overseas Space Expansion ................................................................................................................................... 12,500 

Central Support .................................................................................................................................................... 191,064 

Less other sources 1 ............................................................................................................................................. ¥88,126 

TOTAL, USAID Operating Expenses 2 ............................................................................................................ 1,092,300 

1 Other sources include trust funds and reimbursements. 

2 An additional $255,000,000 is included in title VIII under this heading designated for OCO/GWOT pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

CAPITAL INVESTMENT FUND

The conference agreement provides $129,700,000 for the Capital Investment Fund. 

The conferees direct the USAID Administrator to consult with 

the Committees on Appropriations, not later than 60 days after enactment of this Act and prior to the initial obligation of funds, on 

the proposed uses of these funds for the Capital Security Cost 

Sharing Program. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $46,500,000 for the Office 

of Inspector General, and an additional $4,500,000 in title VIII 

under this heading is designated for OCO/GWOT pursuant to the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

Funds appropriated under this heading are subject to the 

terms of section 7078 of this Act. 


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TITLE III 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

GLOBAL HEALTH PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $8,167,860,000 for Global 

Health Programs. 

The conference agreement does not include language restricting the use of USAID’s Global Health Programs funds for nonproject assistance. However, the conferees understand that USAID 

does not intend to enter into additional funding arrangements of 

this type, and agree with that position. 

The Secretary of State and USAID Administrator are directed 

to provide a government-wide funding summary of global health 

programs for fiscal year 2012 to the Committees on Appropriations, 

not later than 90 days after enactment of this Act. The conferees 

expect the report to include a description of the differentiation of 

goals, implementing partners, and auditing standards for each Federal agency. 

The conferees expect USAID to prioritize awarding funds 

under this heading through a competitive bidding process. 

The conferees direct the USAID Administrator and the United 

States Global AIDS Coordinator to provide to the Committees on 

Appropriations, not later than 60 days after enactment of this Act, 

a report detailing steps taken to prevent the misappropriation of 

drugs funded through bilateral and multilateral funds. 

The conferees direct USAID to develop and submit a new 

multi-year strategy on health-related research and development to 

the Committees on Appropriations. 

The conferees direct that no funds under this heading may be 

used for needle exchange programs in fiscal year 2012. 

The conferees direct the United States Global AIDS Coordinator to consult with the Committees on Appropriations, not later 

than 45 days after enactment of this Act, on how the Office of the 

Global AIDS Coordinator (OGAC) is expanding efforts to support 

microbicide development and product access. 

The conferees direct the United States Global AIDS Coordinator to consult with the Committees on Appropriations regarding 

opportunities to further reduce treatment costs to enable more individuals to have access to life-saving drugs. 

The conferees direct the Secretary of State to provide a report 

to the Committees on Appropriations, not later than 120 days after 

enactment of this Act, that contains the most recent Global Fund 

audit information, commitment and disbursement data, and a summary of the recipient and sub-recipient expenditures as reported to 

the United States Government, and to notify the Committees when 

this information is posted on the Department’s Web site. 

The conferees urge OGAC to work with countries to increase 

HIV testing, including the use of rapid tests, where feasible. 

The conferees recommend that USAID and OGAC continue to 

support HIV-related media prevention programming. 


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The conferees recommend that OGAC and the USAID Bureau 

for Global Health consider utilizing the Department of the Treasury’s technical advisors when programming funds for procurement 

and oversight capacity building in recipient countries. 

Funds in this account are allocated, unless otherwise noted, according to the following table, and are subject to the provisions of 

section 7019 of this Act: 

GLOBAL HEALTH PROGRAMS 

[Budget authority in thousands of dollars] 

Program/activity Budget 

authority 

Maternal and Child Health ................................................................................................................................ 605,550 

Polio (non-add) .......................................................................................................................................... [35,000] 

The GAVI Alliance (non-add) ..................................................................................................................... [100,000] 

Micronutrients (non-add) .......................................................................................................................... [30,000] 

[of which, Vitamin A] (non-add) ............................................................................................................... [20,000] 

[of which, Iodine Deficiency Disorder] (non-add) ..................................................................................... [2,000] 

Nutrition (USAID) ................................................................................................................................................ 95,000 

Vulnerable Children (USAID) .............................................................................................................................. 17,500 

Blind Children (non-add) .......................................................................................................................... [2,500] 

HIV/AIDS (USAID) ................................................................................................................................................ 350,000 

Microbicides (non-add) ............................................................................................................................. [45,000] 

HIV/AIDS (Department of State) ......................................................................................................................... 5,542,860 

Global Fund to Fight HIV/AIDS, Malaria and Tuberculosis (non-add) ..................................................... [1,050,000] 

UNAIDS (non-add) ..................................................................................................................................... [45,000] 

Family Planning/Reproductive Health (USAID) ................................................................................................... 523,950 

Other Infectious Diseases (USAID) ..................................................................................................................... 1,033,000 

Pandemic Preparedness (non-add) ........................................................................................................... [58,000] 

Malaria (non-add) ..................................................................................................................................... [650,000] 

Tuberculosis (non-add) ............................................................................................................................. [236,000] 

[of which, Global TB Drug Facility] (non-add) ......................................................................................... [15,000] 

Neglected Tropical Diseases (non-add) .................................................................................................... [89,000] 

Total, Global Health Programs ......................................................................................................... 8,167,860 

DEVELOPMENT ASSISTANCE

The conference agreement provides $2,519,950,000 for Development Assistance (DA). 

PROGRAMS

The conferees expect USAID to allocate funds provided for the 

American Schools and Hospitals Abroad program through an open 

and competitive process, in accordance with all applicable rules and 

regulations. 

The conference agreement moves the position of Basic Education Coordinator from the Department of State to USAID. The 

conferees direct USAID to integrate schools and educational programs, as appropriate, within health and development programs to 

continue to implement the ‘‘Communities of Learning’’ model. The 

USAID Administrator is directed to consult with the Committees 

on Appropriations on a regular basis on these efforts. 

The conferees authorize a contribution to be made to the Global Partnership for Education (the Partnership), formerly known as 

the Education for All Fast Track Initiative, with funds appropriated in this Act for basic education. The conferees expect USAID 

to maintain its leadership role on the Partnership’s Executive 


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Board and provide assistance with monitoring and evaluation efforts. 

The conferees endorse Senate report language regarding $15,000,000 for partnerships between United States and African 

institutions of higher education. 

The conferees expect USAID to consider the prevalence of child 

marriage when developing country operational plans and increase 

programmatic focus on this issue where appropriate. 

The conferees direct the USAID Administrator to submit a report to the Committees on Appropriations, not later than 120 days 

after the date of enactment of this Act, on implementation of the 

Development Innovation Ventures (DIV) program. The report 

should include an overview of projects funded by DIV and their 

outcomes as they relate to the goals and objectives of the program, 

including successes related to efficiencies and cost-effectiveness. 

The conferees support USAID’s efforts to leverage other Federal 

agencies’ investments in similar areas and avoid duplication. 

Funds made available for food security and agriculture development are subject to the terms of section 7078 of this Act. The required spend plan should also specify the amount and purpose of 

any funds to be transferred to other agencies. 

Funds provided for environment programs funded through 

USAID, the Department of State, and the Department of the Treasury should be made available to help developing countries reduce 

greenhouse gas emissions; develop renewable energy and increase 

end-use energy efficiency; adapt to rising temperatures, water and 

food scarcity, and rising sea levels; protect tropical forests, wildlife, 

and other biodiversity; and implement policies for the transparent 

and sustainable use of natural resources. The conferees endorse 

language in the Senate report directing that $200,000,000 be made 

available for biodiversity conservation programs, including 

$2,000,000 to implement and enforce the Lacey Act (section 8204 

of Public Law 110–246), $10,000,000 for biodiversity programs in 

the Brazilian Amazon and $20,000,000 for such programs in the 

Andean Amazon. The conferees endorse language in the Senate report on funding for the Congo Basin Forest Partnership, and direct 

that not less than $9,000,000 of such funds be directly apportioned 

to the United States Fish and Wildlife Service (USFWS) for programs in Central Africa. The conferees endorse language in the 

Senate report directing that $1,000,000 be directly apportioned to 

the Department of the Interior for biodiversity and archaeological 

conservation activities in Guatemala’s Mayan Biosphere Reserve, 

to include governance and law enforcement. The conferees recommend funding for other international conservation programs administered by the USFWS, United States Forest Service, the National Park Service, and the National Oceanic and Atmospheric Administration. The conferees continue to support funding to protect 

great apes in Indonesia and Africa and wildlife in South Sudan and 

Niger. 

The conferees direct the Secretary of the Treasury to submit a 

report to the Committees on Appropriations describing, for each 

international financial institution, the amount and type of assistance provided, by country, for the extraction and export of natural 

resources in the preceding 12 months, and whether each institution 


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considered, in providing such assistance, the extent to which the 

country has functioning systems, laws, and regulations in place to 

prevent or limit the public disclosure of company payments as required by section 1504 of Public Law 111–203. 

The conferees endorse funding and purposes included in the 

Senate report for the Leahy War Victims Fund. 

The conferees direct the USAID Administrator to target 50 

percent of funding for microenterprise and microfinance to the very 

poor, as required by section 252(c) of the Foreign Assistance Act of 

1961. The conferees direct USAID to continue to increase these programs in sub-Saharan Africa. 

The conferees note the importance of land tenure in economic 

development, and expect USAID to build upon the programmatic 

experience of the Millennium Challenge Corporation to improve the 

implementation of such activities. 

The conferees expect USAID to seek to ensure that assistance 

does not compete with emerging small businesses, entrepreneurs, 

and local economies in recipient countries, and instead works to 

strengthen them. 

The conferees direct the Secretary of State, in consultation 

with the Ambassador-at-Large of the Office for Global Women’s 

Issues, other relevant United States Government agencies, and 

international and nongovernmental organizations, to identify and 

take emergency measures to respond to violence against women 

and girls in situations of armed conflict and direct the Secretary of 

State to consult with the Committees on Appropriations, as necessary. 

The conferees endorse funding included in the Senate report 

for victims of torture. 

COUNTRIES

Ecuador.—The conferees endorse language in the Senate report on health and environment programs in Ecuador. 

Ethiopia.—The conferees remain concerned with the Government of Ethiopia’s increasing restrictions on the media and expect 

the Department of State and USAID to support programs that promote freedom of expression and association in Ethiopia. 

Guatemala.—The conferees support programs to address gender-based violence. 

Indonesia.—The conferees recommend that $70,000,000 of 

funds provided under this heading be made available for assistance 

for Indonesia, of which not less than $400,000 should be made 

available for grants for capacity building of Indonesian human 

rights organizations, including in Papua. 

Morocco.—The conferees note that funds provided in title III of 

this Act for Morocco may be used in regions and territories administered by Morocco. The conferees remain concerned with resolving 

the dispute over the Western Sahara and urge the Department of 

State to prioritize a negotiated settlement. 

Nepal.—The conferees endorse the Senate report recommending that $7,000,000 under this heading be made available for 

assistance for Nepal. 

People’s Republic of China.—The conference agreement does 

not include funds for programs in the PRC under this heading. 


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Philippines.—The conferees recommend that $35,000,000 be 

made available for assistance for the Philippines under this heading. 

Senegal.—The conferees recommend that not less than 

$50,000,000 should be made available for assistance for Senegal 

under this heading. However, the conferees are concerned that 

Hisse`ne Habre has not been extradited for prosecution for crimes 

against humanity, and direct the Secretary of State to submit a report to the Committees on Appropriations, not later than 45 days 

after enactment of this Act, on steps taken by the Government of 

Senegal to assist in bringing Habre to justice. 

Vietnam.—The conferees recommend not less than $5,000,000 

under this heading be made available for health/disability activities 

in areas in Vietnam that were targeted with Agent Orange or remain contaminated with dioxin. The conferees endorse Senate report language on consultation and the development of a multi-year 

plan. 

INTERNATIONAL DISASTER ASSISTANCE

The conference agreement provides $825,000,000 for International Disaster Assistance, and an additional $150,000,000 in 

title VIII under this heading is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 

1985. 

The conferees direct the USAID Administrator to consult with 

the Committees on Appropriations on efforts to facilitate communication and collaboration with the private sector, non-profit organizations, and other entities seeking to assist during an international disaster. 

The USAID Administrator is also directed to consult with the 

Committees on Appropriations, not later than 90 days after enactment of this Act, on the format and content of international disaster assistance reports that are made available to Congress and 

the public. 

TRANSITION INITIATIVES

The conference agreement provides $50,141,000 for Transition 

Initiatives, and an additional $6,554,000 in title VIII under this 

heading is designated for OCO/GWOT pursuant to the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

The conferees direct USAID’s Office of Transition Initiatives 

(OTI) to submit a report to the Committees on Appropriations at 

the end of the fiscal year summarizing new, ongoing, and completed country programs implemented by OTI in fiscal year 2012. 

Prior to submission, OTI should consult with the Committees on 

Appropriations regarding the format and content of the report. 

COMPLEX CRISES FUND

The conference agreement provides $10,000,000 for Complex 

Crises Fund, and an additional $30,000,000 in title VIII under this 

heading is designated for OCO/GWOT pursuant to the Balanced 

Budget and Emergency Deficit Control Act of 1985. 


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DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides a ceiling of $40,000,000 for 

funds that may be transferred from other programs in this title to 

the Development Credit Program and provides $8,300,000 for administrative expenses. 

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $3,001,745,000 for Eco- nomic Support Fund (ESF), and an additional $2,761,462,000 in 

title VIII under this heading is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 

1985. 

Section 7078 of this Act requires submission of a spend plan 

for certain countries and programs not later than 30 days after enactment of this Act. The conferees request that these spend plans 

integrate the funds appropriated under this heading and in title 

VIII of this Act for OCO/GWOT where appropriate, and the OCO/ 

GWOT amounts should be separately identified in the integrated 

plan. 

Afghanistan.—The conferees remain concerned with the capacity of the Government of Afghanistan to effectively oversee increased levels of direct government-to-government assistance. 

The conferees direct the USAID Administrator to regularly update the Committees on Appropriations on the Accountable Assistance for Afghanistan Initiative. 

The conferees expect the Department of State to resolve disagreements regarding the tax-exempt status for United Statesbased contractors and subcontractors that implement United States 

Government assistance programs in Afghanistan and direct the 

Secretary of State to report to the Committees on Appropriations 

on steps being taken to address tax-exempt status in new and existing contracts and agreements. 

The conference agreement provides $10,000,000 for the Afghan 

Civilian Assistance Program if problems identified by the USAID 

Inspector General are addressed and not less than $5,000,000 for 

the Office of Global Women’s Issues small grant program as described in the Senate report. 

Africa.—The conferees support the budget request for Liberia 

and South Sudan. 

Burma.—The conferees endorse Senate report language on the 

United States Special Envoy and Policy Coordinator for Burma and 

request that the Special Envoy consult regularly with the Committees on Appropriations on developments in, and assistance for, 

Burma. 

Central American Regional Security Initiative (CARSI)/Caribbean Basin Security Initiative (CBSI).—The conferees support the 

budget request for CARSI and CBSI. 

Colombia.—The conference agreement provides not less than 

$179,000,000 under this heading to be apportioned directly to 

USAID for continued support of new and ongoing alternative develVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01338 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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opment/institution building in Colombia, of which not less than 

$7,000,000 shall be transferred to the Migration and Refugee Assistance account to address the needs of Colombian refugees in 

neighboring countries, and not less than $15,000,000 is provided 

for assistance for Afro-Colombian and indigenous groups including 

for renewable energy activities in isolated communities. The conferees support assistance for flood relief and recovery including for 

small farmers, and recommend that not less than $3,000,000 be 

made available for continued support for biodiversity conservation 

programs and $500,000 for community-based programs to address 

the needs of children disabled by landmines and other causes related to the armed conflict. 

Cuba.—The conferees support the budget request for Cuba. 

Cyprus.—The conferees recommend $3,500,000 for Cyprus and 

endorse the purposes and intent of the funding included in the Senate report. 

Egypt.—The conference agreement includes conditions on assistance and authority regarding assistance for Egypt in section 

7041 of this Act, which are further discussed under title VII of this 

joint explanatory statement. 

The conferees direct the Secretary of State to submit a report 

to the Committees on Appropriations, not later than 60 days after 

enactment of this Act, outlining steps that the Government of 

Egypt is taking to protect religious minorities, including Coptic 

Christians, prevent sectarian and gender-based violence, and hold 

accountable those who commit such acts. 

Funds made available for Egypt are subject to the terms of section 7078 of this Act. The required spend plan shall also include 

the proposed uses of unobligated/available funds appropriated in 

prior years. 

El Salvador.—The conferees are aware of the devastating 

flooding in El Salvador during 2011 that caused extensive damage 

and recognize that El Salvador is extremely vulnerable to recurrent 

natural disasters. The conferees expect that additional assistance 

be provided under this heading and under the International Disaster Assistance heading for flood relief, reconstruction, and relocation of at-risk populations, including support for small farmers, and 

to enhance El Salvador’s capabilities to prevent and respond to future disasters. 

Haiti.—The conferees support the budget request for Haiti and 

direct that assistance for Haiti provided under this heading in this 

Act and prior appropriations acts be made available, to the maximum extent practicable, in a manner that emphasizes the participation of Haitian civil society organizations and directly improves 

the security, economic and social well-being, and political status of 

Haitian women and girls. 

Iraq.—The conference agreement includes conditions on assistance for Iraq in section 7041(d) of this Act, which are similar to 

prior years. As the Government of Iraq’s oil revenues continue to 

increase, the conferees expect Iraq to assume the full cost for development and security programs in Iraq currently funded by the Department of State and USAID. 

The conferees recommend $10,000,000 for stabilization programs in Iraq, for which the policy justification and decisions shall 


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be the responsibility of the Chief of Mission. Such funds shall not 

be used for cultural programs or for costs usually associated with 

Department of State operations. 

Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing: (1) The specific manner in which the Government of Iraq has committed to contributing to, and sustaining, security-related programs funded by this Act; (2) the estimated timeframe under which Iraq will assume full responsibility for funding 

such security-related programs; (3) the operation and maintenance 

costs of aircraft utilized in Iraq in support of security-related programs; and (4) estimates for the overhead costs associated with security sector programs in fiscal year 2012 and subsequent fiscal 

years. The report may be submitted in classified form, if necessary. 

The conferees expect the Department of State and USAID to 

continue efforts to encourage the incorporation of women in stabilizing and developing Iraq, including within government institutions. 

The conferees endorse language in the Senate report on ethnoreligious minorities in Iraq. 

Jordan.—The conferees intend that assistance for Jordan provided under this heading will be used for programs to reduce poverty and create jobs, strengthen democracy, and protect human 

rights, in addition to activities described in the justification materials submitted to Congress. 

Lebanon.—The conferees recommend $500,000 for continued 

support for the United States Forest Service’s forest and biodiversity conservation programs in Lebanon. 

Mexico.—The conferees support the budget request under this 

heading and under the Development Assistance heading for USAID 

programs in Mexico and direct the USAID Administrator to submit 

a report, not later than 90 days after enactment of this Act, on how 

these programs address the root causes of violence and instability. 

Middle East Partnership Initiative (MEPI).—The conferees provide $70,000,000 for MEPI and recommend that not less than 

$10,000,000 of such funds be made available to continue scholarships for students in countries with significant Muslim populations 

at not-for-profit education institutions, in a manner consistent with 

prior fiscal years, including the awarding of funds through an open 

and competitive process. The conferees endorse the reporting requirement under this subheading in the Senate report. 

The conferees support efforts to promote peace and stability in 

the Middle East, including through activities that seek to mitigate 

extremist incitement and propaganda efforts, in order to further 

United States counterterrorism efforts. 

The conferees also encourage the use of Internet-based activities to further peace and reconciliation online. 

Middle East Regional Cooperation Program (MERC).—The conferees recommend $5,000,000 for MERC. 

Middle East/North Africa Response Fund (Response Fund).— 

The conference agreement includes $50,000,000 for the Response 

Fund to provide the Department of State and USAID with the necessary flexibility to respond quickly to political crises in the Middle 

East and North Africa. The Secretary of State and USAID AdminVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01340 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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istrator are directed to consult with the Committees on Appropriations on the uses of such funds and submit a spending plan for all 

funds provided in this Act and prior appropriations acts for these 

purposes. 

Near East Regional Democracy (NERD).—The conferees support the budget request for NERD. 

Pakistan.—Funds provided under Chief of Mission authority in 

Pakistan shall not be used for cultural programs or for costs usually associated with Department of State operations. 

People’s Republic of China.—The conferees recommend 

$12,000,000 under this heading for United States institutions of 

higher education and nongovernmental organizations for democracy, governance, rule of law, and environment programs in the 

PRC. These programs should support training for citizens, lawyers, 

and businesses on key issues including criminal justice, occupational safety, and environmental protection. No funds are for the 

Government of China and programs should be awarded on a competitive basis. 

The conferees endorse the requirement in the Senate report for 

an assessment of the PRC’s long term strategic intentions in the 

region. 

Reconciliation Programs.—The conferees recommend 

$10,000,000 for ‘‘New Generation in the Middle East’’ initiative to 

build understanding, tolerance, and mutual respect among young 

Israelis and Palestinians of diverse economic and social backgrounds who have leadership potential. The conferees intend such 

programs and activities to be conducted in the region, and direct 

the Secretary of State and the USAID Administrator to consult 

with the Committees on Appropriations on the development and 

implementation of this initiative. 

Syria.—The conference agreement includes a provision relating 

to democracy and human rights programs in Syria. The conferees 

direct that a portion of the funds be programmed in consultation 

with other governments in the region, specifically Turkey and other 

key allies in the Middle East, as appropriate. 

Tibet.—The conferees endorse the funding and purposes included in the Senate report for Tibet. 

Timor-Leste.—The conferees recommend not less than 

$1,000,000 for higher education scholarships in Timor-Leste. 

Tunisia.—The conferees recommend $5,000,000 for democracy 

and governance programs and for programs to protect human 

rights in Tunisia. The conference agreement also authorizes funding for the cost of loan guarantees. 

Uganda.—The conference agreement includes section 7043(h) 

regarding areas affected by the Lord’s Resistance Army (LRA). The 

conferees support the goals of the Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act (Public Law 111–172) 

to help end the atrocities committed by the LRA, protect innocent 

civilians, and stabilize the affected region. The conferees direct that 

up to $10,000,000 be made available for peace and security in the 

affected region to address these issues, including programs to improve physical access, telecommunications infrastructure and earlywarning mechanisms and to support the disarmament, demobilizaVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01341 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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tion, and reintegration of former LRA combatants, especially child 

soldiers. 

Vietnam.—The conferees recommend not less than $15,000,000 

for environmental remediation of dioxin contamination at the Da 

Nang and Bien Hoa airports and other severely contaminated sites. 

West Bank and Gaza.—The conference agreement continues restrictions in current law on assistance for the West Bank and 

Gaza, and includes new limitations. 

The conferees endorse Senate report language regarding a Government Accountability Office assessment of the United Nations 

Relief and Works Agency in the West Bank. 

GLOBAL PROGRAMS

The conferees recognize the utility of humanitarian cash disbursements to individuals in certain limited dire circumstances, 

but expect that any such assistance provided through the government of the recipient country will comply with the determination, 

consultation, and notification requirements in section 7031 of this 

Act relating to direct government-to-government assistance. 

The conferees endorse language in the Senate report on classification societies, except that the foreign governments noted shall 

include those of the Islamic Republic of Iran, the Democratic People’s Republic of North Korea, the Republic of the Sudan, and 

Syria. The conferees recommend $3,000,000 to implement the Kimberly Process Certification Scheme, but are concerned with reports 

that the Kimberley Process is failing to prevent conflict diamonds 

from entering the legitimate global diamond trade. The conferees 

direct the Department of State to assess whether the Kimberley 

Process can achieve its goals, and whether alternative mechanisms 

are needed to prevent conflict diamonds from entering legitimate 

supply chains. The conferees recommend $5,000,000 under this heading for 

activities to counter violent extremism included in the budget request under Nonproliferation, Anti-terrorism, Demining, and Related Programs. 

The conference agreement provides the budget request for 

counterterrorism programs in Africa. The conferees direct that an 

additional $10,000,000 be made available for counterterrorism programs in East Africa to be managed by USAID. 

The conferees endorse language in the Senate report recommending $5,000,000 for disability programs. 

The conferees support continued funding for the Department of 

State’s Internet freedom program and direct the Secretary of State 

to submit to the Committees on Appropriations prior to the initial 

obligation of funds, a report detailing planned expenditures of the 

funds made available to promote Internet freedom. The conferees 

also direct the Secretary, in coordination with the USAID Administrator, to submit to the Committees, not later than September 30, 

2012, a report listing programs supported by the Department of 

State and USAID to promote Internet freedom, including an assessment of the results of these programs and safeguards against 

the use of circumvention technology for illicit or illegal purposes, 

and detailing how such programs support and are coordinated with 


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cyber diplomacy and the United States International Strategy for 

Cyberspace. The conferees recommend that the fiscal year 2013 

congressional budget justification materials include a request for 

funds for this program under this heading. The conferees recommend $5,000,000 for the Extractive Industries Transparency Initiative. 

The conferees endorse language in the Senate report on forensic anthropology in countries of Central and South America. The conferees recommend $1,900,000 for the House Democracy 

Partnership. The conferees recommend $4,500,000 under this heading for 

polio eradication activities in Afghanistan and Pakistan. The conferees recommend that not less than $36,000,000 under 

the Economic Support Fund, International Narcotics Control and 

Law Enforcement, Assistance for Europe, Eurasia and Central 

Asia, and Development Assistance headings should be used for activities to combat trafficking in persons internationally, including 

to protect and rehabilitate victims, prosecute perpetrators, and support research initiatives. Additional funds are provided under Diplomatic and Consular Programs. 

The conferees endorse language included in the Senate report 

on assistance for wheelchair programs. 

DEMOCRACY FUND

The conference agreement provides $114,770,000 for Democracy Fund. 

The conferees recognize that dissidents and defectors often possess unique information about the political and economic situation 

inside a country, particularly in closed societies. The conferees 

therefore direct the Secretary of State, in consultation with the 

heads of other relevant United States agencies, to consider ways to 

better disseminate this information, including to human rights 

groups and civil society. 

ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

The conference agreement provides $626,718,000 for Assistance 

for Europe, Eurasia and Central Asia. 

The conferees support the budget request for fiscal year 2012 

for countries funded under this heading and note that any deviation from these amounts is subject to the regular notification procedures of the Committees on Appropriations. 

The conferees endorse language in the Senate report concerning assistance for the North Caucasus in the amount and for 

purposes similar to prior fiscal years. 

The conferees recommend assistance for victims of the 

Nagorno-Karabakh conflict at levels consistent with prior years, 

and for ongoing needs related to the conflict. The conferees urge a 

peaceful resolution of the conflict. 

The conferees direct the Secretary of the Treasury to keep the 

Committees on Appropriations informed on its efforts to address: 

export quotas, allocation of grain licenses, and VAT tax refunds 

with the Government of Ukraine, and repression of fundamental 

rights in Ukraine, including due process of law and freedoms of expression and association. 


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The conferees endorse language and funding amounts in the 

Senate report for wildlife conservation programs in Russia and forest management programs in Ukraine. 

The conferees support programs to address the fight against 

tuberculosis and HIV/AIDS in Ukraine and Georgia. 

DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement provides $1,639,100,000 for Migra- tion and Refugee Assistance, and an additional $229,000,000 in 

title VIII under this heading is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 

1985. 

The conferees remain concerned with the plight of refugees 

from Burma residing in Thailand and India, and recommend sufficient funding to address their needs. The conferees direct the Secretary of State to continue to make the welfare of such refugees a 

priority, including in bilateral and multilateral discussions with 

other donors and governments. 

The conferees endorse directives in the Senate report concerning Iraqi and Pakistani refugees and internally displaced persons (IDPs), and the use of assistance for Pakistani IDPs identified 

in the Internally Displaced Persons Vulnerability Assessment and 

Profiling mechanism. 

The conferees encourage the Secretary of State to sustain and 

enhance efforts for increasing resettlement opportunities for Eritrean refugees, and continue to coordinate with the international 

community to develop and implement a strategy to protect and assist displaced Somalis. Additionally, the conferees encourage the 

Secretary to build on the Department of State’s report on repatriation and reintegration of unaccompanied children by exploring initiatives and partnerships with United States nongovernmental organizations for the safe return and reintegration of such children. 

The conferees endorse the funding recommendation in the Senate report regarding Tibetan refugees in India and Nepal and urge 

the Secretary of State to work with the Government of Nepal to ensure the safe transit of Tibetan refugees and provide legal protections to Tibetans residing in Nepal. 

The conferees note that United Nations Relief and Works 

Agency (UNRWA) schools serve as an alternative to Hamas-run 

schools in Gaza, and that UNRWA has included supplemental 

human rights and non-violent conflict resolution training in their 

curriculum. The conferees urge the Secretary of State to work with 

UNRWA to explore steps to further the elimination of inflammatory and inaccurate information in host country textbooks used 

in UNRWA schools. Additionally, section 7049(d) continues the accountability report included in prior appropriations acts for the Department of State, foreign operations and related programs. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

The conference agreement provides $27,200,000 for the United 

States Emergency Refugee and Migration Assistance Fund. 


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INDEPENDENT AGENCIES

PEACE CORPS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $375,000,000 for the Peace 

Corps. 

The conferees note the recent enactment of the Kate Puzey 

Peace Corps Volunteer Protection Act of 2011 (Public Law 112–57) 

containing various reporting requirements addressing the safety 

and security of volunteers, including the prevention of, and response to, sexual assault. 

The conferees direct that opinions and recommendations from 

Peace Corps volunteers should be solicited through regular surveys 

on a confidential basis, and that information that would otherwise 

be obtainable under the Freedom of Information Act that is of general interest to the public concerning the Peace Corps is made publicly available in a timely manner on the Peace Corps Web site. 

Funds appropriated under this heading are subject to the 

terms of section 7078 of this Act. 

MILLENNIUM CHALLENGE CORPORATION

The conference agreement provides $898,200,000 for Millennium Challenge Corporation (MCC). 

The conferees direct the Chief Executive Officer (CEO) of the 

MCC to submit a report to the Committees of Appropriations, not 

later than 90 days after enactment of this Act, that includes an assessment of the current practices, procedures, and recommendations for improvements in the MCC’s ability to identify and track 

patterns of corruption; the MCC’s process for determining the actions necessary to inhibit corruption; and the process to determine 

if the level of corruption warrants termination or suspension of the 

MCC compact. 

The conferees reaffirm the MCC’s mandate to increase economic growth and reduce poverty, and direct the CEO of the MCC 

to consult with the Committees on Appropriations, prior to submission of congressional notifications, for new compacts regarding the 

corresponding economic rate of return estimated for each compact 

component funded. 

The conferees recognize that the MCC amended its procurement guidelines on September 28, 2010, to bar government-owned 

enterprises from competing for MCC procurement contracts. The 

conferees direct the CEO of the MCC to consult with the Committees on Appropriations on a case-by-case basis if this policy is 

waived. 

The conferees direct the MCC CEO to submit an annual report 

to the Committees on Appropriations, not later than 120 days after 

enactment of this Act, on all MCC-funded investment funds, that 

includes the following information for each investment fund in operation: the identity, selection process, and professional background 

of current and past managers; the fees and compensation currently 

provided to senior management; the level of MCC financing provided at the end of the previous fiscal year; a comprehensive and 

detailed description of the fund’s operations, activities, financial 


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condition, and accomplishments for the preceding fiscal year; and 

the audit plan for each fund. 

Funds in this account are subject to the requirements of section 7078 of this Act. 

INTER-AMERICAN FOUNDATION

The conference agreement provides $22,500,000 for InterAmerican Foundation. 

AFRICAN DEVELOPMENT FOUNDATION

The conference agreement provides $30,000,000 for African Development Foundation. 

DEPARTMENT OF THE TREASURY 

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The conference agreement provides $25,448,000 for Inter- national Affairs Technical Assistance, and an additional $1,552,000 

in title VIII under this heading is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act 

of 1985. 

DEBT RESTRUCTURING

The conference agreement provides $12,000,000 for Debt Restructuring to support implementation of the Tropical Forest Conservation Act. 

TITLE IV 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement provides $1,061,100,000 for International Narcotics Control and Law Enforcement, and an additional $983,605,000 in title VIII under this heading is designated 

for OCO/GWOT pursuant to the Balanced Budget and Emergency 

Deficit Control Act of 1985. 

The conferees direct the Secretary of State to notify the Committees on Appropriations in writing, within 5 days of exercising 

authority allowing funds made available under this heading to be 

spent ‘‘notwithstanding any other provision of law’’, and such notification shall include a justification of such activities. 

The conferees did not include the requested authority to disregard the geographic or purpose limitations on assistance provided 

in prior acts related to the Andean Counterdrug Initiative or Andean Counterdrug Programs. The conferees direct the Department of 

State and USAID to program remaining funds without delay and 

use the funds within the region. 

The conferees support the budget request for CARSI and CBSI 

and expect the spend plans submitted pursuant to section 7078 of 

this Act for CARSI and CBSI to include activities that were conducted with prior year appropriations, achievements associated 


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with the expenditure of such funds, and activities that will be funded in fiscal year 2012, including goals to be met. 

The conferees recommend $160,600,000 for activities in Colombia of which not less than $30,000,000 is for rule of law programs, 

including $7,000,000 for USAID human rights activities, and 

$15,000,000 for the Office of the Colombian Attorney General including $7,000,000 for the human rights unit. The conferees direct 

the Department of State to report to the Committees on Appropriations, not later than 45 days after enactment of this Act, on the 

proposed uses of funds for Colombia’s judicial agencies, including 

activities to be supported, information on how assistance will help 

to reduce impunity, and benchmarks to be used for measuring 

progress in meeting specific goals. 

The conferees recommend $5,000,000 for the International 

Commission Against Impunity in Guatemala (CICIG). 

The conferees continue to be concerned with the lack of a professional, accountable police force in Guatemala and expect priority 

be given to funding the implementation of a police reform strategy 

that has the support of the Guatemalan government and human 

rights organizations. 

The conferees direct the Secretary of State to report to the 

Committees on Appropriations, not later than 120 days after enactment of this Act, on the role of United States assistance in addressing the needs of Guatemalan women and girls who have been victims of violence. The report shall include a description of how assistance supports victims of trafficking, rape and other sexual violence, combats human trafficking, and improves the capacity of 

government institutions, including the judiciary, law enforcement, 

and civil society organizations. 

The conferees direct that no funds made available under this 

heading may be used to transfer excess weapons, ammunition or 

other lethal property of an agency of the United States Government 

to any individual or unit of the Haitian National Police if the Secretary of State has credible information that such individual or 

unit has committed a gross violation of human rights or other serious crimes. 

The conferees support the budget request for the International 

Law Enforcement Academies. 

The conferees recommend up to $248,500,000 for assistance for 

Mexico and note efforts by the Government of Mexico to implement 

constitutional reforms. The conferees are concerned, however, with 

the steadily increasing drug-related violence in Mexico, and credible reports of a pattern of abuses by Mexican police. The conferees 

are also concerned with ongoing gender-based crimes in Mexico, 

and encourage the Department of State to provide forensic equipment and training to Mexican states and localities that have the 

highest rate of homicide and other violent crime to ensure local law 

enforcement agencies have tools to solve and prosecute these cases. 

Additionally, the conferees direct the Secretary of State to provide 

a report, not later than 90 days after enactment of this Act, on how 

programs funded under this heading are achieving judicial and law 

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sults, and the extent to which such programs are coordinated with 

the federal and state governments in Mexico. 

The conferees support continued assistance to strengthen civilian law enforcement and judicial institutions to reduce violent 

crime and narcotics trafficking in Mexico and Honduras. The conference agreement includes sections 7045(d) and 7045(e) that require the withholding of a portion of the assistance for military and 

police forces in these countries until the Secretary of State makes 

certain findings and submits them in a report to the Committees 

on Appropriations. 

The conferees direct the Department of State to ensure the 

prompt delivery of equipment and training provided under this 

heading for Mexico. Additionally, the conferees continue to support 

cooperation between the United States and Mexico to combat organized crime and drug trafficking along the border. The conferees direct the Secretary of State to develop and implement a coordinated 

border security strategy. 

The conferees continue to support demand reduction programs 

and direct the Secretary of State to provide assistance at levels 

consistent with prior fiscal years. 

The conferees request that the country-by-country report required under this heading integrate the additional funds appropriated under this heading in title VIII for OCO/GWOT where appropriate, and the OCO/GWOT amounts should be separately identified in the integrated report. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

The conference agreement provides $590,113,000 for Nonproliferation, Anti-terrorism, Demining and Related Programs 

(NADR), and an additional $120,657,000 in title VIII under this 

heading is designated for OCO/GWOT pursuant to the Balanced 

Budget and Emergency Deficit Control Act of 1985. 

Section 7078 of this Act requires submission of a spend plan 

for certain countries and programs not later than 30 days after enactment of the Act. The conferees request that these spend plans 

integrate the funds appropriated under this heading and in title 

VIII of this Act for OCO/GWOT where appropriate, and the OCO/ 

GWOT amounts should be separately identified in the integrated 

plan. 

The conferees direct the Secretary of State to notify the Committees on Appropriations in writing, within 5 days of exercising 

authority allowing funds made available under this heading to be 

spent ‘‘notwithstanding any other provision of law’’, and such notification shall include a justification of such activities. 

The conference agreement does not include assistance for the 

Countering Violent Extremism program as included in the budget 

request, but includes funding for these programs within the ESF 

account. 

The conferees recognize the importance of mine removal, mine 

victim assistance, and the proper storage and disposition of small 

arms/light weapons, and support the Department of State’s efforts 

to expand this work. 


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The conference agreement prioritizes the clearance of 

unexploded ordnance (UXO) in areas where such ordnance was 

caused by the United States. The conferees endorse Senate report 

language directing that $9,000,000 be made available for UXO 

clearance in Laos, and intend that funds also be prioritized for 

UXO clearance in locations in the Oceania region that have high 

concentrations of United States UXO dating to World War II. 

Section 7078 of this Act requires a spend plan for this account 

not later than 30 days after enactment of this Act. The conferees 

request that the spend plan integrate the funds appropriated under 

this heading in title VIII of this Act for OCO/GWOT, and the OCO/ 

GWOT amounts should be separately identified in the integrated 

plan. 

Funds in this account are allocated according to the following 

table, and are subject to the provisions of section 7019 of this Act: 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS 

[Budget authority in thousands of dollars] 

Programs Budget 

•authority 

Nonproliferation Programs: 

Nonproliferation and Disarmament Fund ........................................................................................................ 30,000 

Export Control and Related Border Security Assistance ................................................................................. 60,909 

Global Threat Reduction .................................................................................................................................. 68,978 

IAEA Voluntary Contribution ............................................................................................................................. 85,900 

CTBT International Monitoring System ............................................................................................................ 33,000 

Weapons of Mass Destruction Terrorism ......................................................................................................... 6,042 

UN Security Council Resolution 1540 Trust Fund ........................................................................................... 1,500 

CTBTO Preparatory Commission-Special Contributions ................................................................................... 7,500 

Subtotal—Nonproliferation Programs ................................................................................................ 293,829 

Anti-terrorism Programs 1

Anti-terrorism Assistance ................................................................................................................................ 79,284 

Terrorist Interdiction Program .......................................................................................................................... 42,000 

CT Engagement With Allies ............................................................................................................................. 8,000 

Counterterrorism Financing ............................................................................................................................. 17,000 

Countering Violent Extremism ......................................................................................................................... 0 

Subtotal—Anti-terrorism Programs ............................................................................................................ 146,284 

Regional Stability & Humanitarian Assistance 

Conventional Weapons Destruction ................................................................................................................. 150,000 

Humanitarian Demining Program (non-add) ..................................................................................... [95,000] 

Small Arms/Light Weapons Destruction (non-add) ........................................................................... [55,000] 

Subtotal—Regional Stability & Humanitarian Assistance ................................................................ 150,000 

Total, Nonproliferation, Anti-terrorism, Demining, and Related Programs ......................................................... 590,113 

1 An additional $120,657,000 is included in title VIII under this heading designated for OCO/GWOT pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

PEACEKEEPING OPERATIONS

The conference agreement provides $302,818,000 for Peacekeeping Operations, and an additional $81,000,000 in title VIII 

under this heading is designated for OCO/GWOT pursuant to the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

Section 7078 of this Act requires submission of a spend plan 

for certain countries and programs not later than 30 days after enactment of the Act. The conferees request that these spend plans 

integrate the funds appropriated under this heading and in title 


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VIII of this Act for OCO/GWOT where appropriate, and the OCO/ 

GWOT amounts should be separately identified in the integrated 

plan. 

The conferees direct the Secretary of State to submit a report 

to the Committees on Appropriations, prior to the obligation of 

funds provided under this heading, for the Africa Maritime Security Initiative (AMSI), including a description of how the AMSI will 

address piracy, terrorist activity, and trafficking in drugs, arms, 

and persons along the African coast, as well as a description of coordination efforts with the Department of Defense. The conference agreement provides $28,000,000 for the Multi- national Force and Observers (MFO) including $2,000,000 to address force protection enhancements. The conferees expect the 

MFO to account for and apply funds in a manner such that the 

principle of equality of contributions to the basic operating budget 

between the United States, Egypt, and Israel shall be maintained. 

Section 7078 of this Act requires a spend plan for this account 

not later than 30 days after enactment of this Act. The conferees 

request that the spend plan integrate the funds appropriated under 

this heading in title VIII of this Act for OCO/GWOT, and the OCO/ 

GWOT amounts should be separately identified in the integrated 

plan. 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

The conference agreement provides $105,788,000 for International Military Education and Training (IMET). 

The conferees recommend parity in the allocation of funds for 

Armenia and Azerbaijan. 

The conferees support the budget request for Indonesia and the 

Philippines. 

The conferees direct the Secretary of State to consult with the 

Committees on Appropriations prior to the obligation of funds provided under this heading for assistance for Libya. 

FOREIGN MILITARY FINANCING PROGRAM

The conference agreement provides $5,210,000,000 for Foreign 

Military Financing Program (FMF), and an additional 

$1,102,000,000 in title VIII under this heading is designated for 

OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. 

Section 7078 of this Act requires submission of a spend plan 

for certain countries and programs not later than 30 days after enactment of the Act. The conferees request that these spend plans 

integrate the funds appropriated under this heading and in title 

VIII of this Act for OCO/GWOT where appropriate, and the OCO/ 

GWOT amounts should be separately identified in the integrated 

plan. 

The conference agreement provides the budget request for 

Israel, Egypt, Jordan, and Tunisia. 

The conferees note the recent progress of PRC military modernization, and the increasing frequency of aggressive assertions in 

territorial disputes, including on the seas and in cyberspace. In reVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01350 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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sponse, regional neighbors, including India, Japan, and Singapore, 

are reviewing defense postures and updating their military hardware. The conferees encourage the Administration to continue to 

engage the People’s Liberation Army in these matters, as well as 

allies in the region on the political, economic, and military implications of the strategic rise of the PRC, including through military 

assistance and sales programs. 

The conferees recommend parity in the allocation of funds for 

Armenia and Azerbaijan. 

The conferees note the existence of multiple laws that prohibit 

assistance to Foreign Terrorist Organizations (FTOs). Because of 

particular concerns with United States military assistance in Lebanon and Yemen, the conferees include language in section 7041 

reaffirming that such assistance may not be provided to the armed 

forces of either country if such force is controlled by an FTO. 

The conferees support programs for the Guatemalan Coast 

Guard, Navy, and Army Corps of Engineers that enhance regional 

naval cooperation and maritime security and that increase disaster 

response and peacekeeping capabilities. 

The conference agreement continues restrictions in current law 

on assistance for the Guatemalan Army. The conferees will consider a request for funding for such activities in fiscal year 2013 

if the army has a narrowly defined mission focused on border security and external threats, is implementing a reform strategy that 

has broad support within Guatemalan society, is respecting human 

rights, is cooperating with civilian investigations and prosecutions 

of cases involving current and retired officers and with the CICIG, 

and is publicly disclosing all military archives pertaining to the internal armed conflict. 

The conferees support the budget request for Mexico. 

The conferees direct the Secretary of State to submit a report 

to the Committees on Appropriations, not later than 90 days after 

enactment of this Act, in classified form if necessary, on the use of 

assistance provided by the United States for the Lebanese Armed 

Forces, including the training, curriculum, and equipment provided, and an assessment of the performance of such forces and of 

factors that limit the operational capabilities of such forces. The 

conferees note that section 7041 limits the purposes for which 

funds may be made available, and the conferees further direct that 

United States security assistance not affect Israel’s qualitative 

military edge in the region. 

TITLE V 

MULTILATERAL ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

The conference agreement provides $348,705,000 for International Organizations and Programs. 

The conferees direct the Secretary of State to submit a report 

to the Committees on Appropriations, not later than 45 days after 

enactment of this Act, describing the amount of funds since 2008 


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that the United Nations Environment Program has allocated for 

anti-malaria research and the programs funded. 

Funds in this account are allocated, unless otherwise noted, according to the following table, and are subject to the provisions of 

section 7019 of this Act: 

INTERNATIONAL ORGANIZATIONS AND PROGRAMS 

[Budget authority in thousands of dollars] 

Programs Budget 

authority 

Center for Human Settlements ................................................................................................................................ 1,900 

International Civil Aviation Organization ................................................................................................................. 950 

International Conservation Programs ....................................................................................................................... 7,900 

International Contributions for Scientific, Educational, and Cultural Activities .................................................... 0 

International Development Law Organization .......................................................................................................... 600 

IMO Maritime Security Programs ............................................................................................................................. 400 

Intergovernmental Panel on Climate Change/U.N. Framework on Climate Change ............................................... 10,000

Montreal Protocol Multilateral Fund ......................................................................................................................... 27,000 

OAS Development Assistance Programs .................................................................................................................. 3,500 

OAS Fund for Strengthening Democracy .................................................................................................................. 4,500 

Inter-American Commission on Human Rights (non-add) ............................................................................. [2,000] 

U.N. Capital Development Fund ............................................................................................................................... 955 

U.N. Children’s Fund ................................................................................................................................................ 131,755 

U.N. Democracy Fund ............................................................................................................................................... 4,755 

U.N. Development Program ...................................................................................................................................... 82,000 

U.N. Environment Program ....................................................................................................................................... 7,700 

U.N. High Commissioner for Human Rights ............................................................................................................ 5,000 

Multilateral Action Initiatives ................................................................................................................................... 0 

U.N. Office for the Coordination of Humanitarian Affairs ....................................................................................... 3,000 

U.N. Population Fund ............................................................................................................................................... 35,000 

U.N. Voluntary Fund for Technical Cooperation in the Field of Human Rights ...................................................... 1,400 

U.N. Voluntary Fund for Victims of Torture ............................................................................................................. 6,000 

U.N. Women .............................................................................................................................................................. 7,500 

World Meteorological Organization ........................................................................................................................... 2,090 

World Trade Organization Technical Assistance ...................................................................................................... 1,150 

International Chemicals and Toxics Programs ........................................................................................................ 3,650 

Total, International Organizations and Programs .................................................................................. 348,705 

INTERNATIONAL FINANCIAL INSTITUTIONS

The conferees direct the Secretary of the Treasury to report to 

the Committees on Appropriations, not later than 45 days after enactment of this Act, on the status of the implementation of the 

International Monetary Fund’s (IMF) New Income Model; the degree to which staff reductions have occurred as planned; a comparison of the number of staff over the previous three years; the average and median salary for senior officers of the IMF; and an overview of IMF internal resources over the previous three years. Additionally, the report shall include a cost estimate of the planned renovation of Headquarters Building 1 and the source of funds to pay 

for this renovation. 

The conference agreement includes a provision, section 7082, 

directing the Secretary of the Treasury to report to the Committees 

on Appropriations, prior to disbursing any funds for United States 

contributions to the general capital increases, that the multilateral 

banks are making substantial progress toward implementing reforms, including those agreed to as part of the general capital increase agreements. 


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The conferees direct the Secretary of the Treasury to submit to 

the Committees on Appropriations, not later than 90 days after enactment of this Act, a report that estimates the impact on poverty 

alleviation and economic growth in communities along the border 

between the United States and Mexico if the North American Development Bank’s mandate were expanded to include financing of 

infrastructure projects in the border region that promote growth in 

trade between the United States and Mexico, sustainable economic 

and social development, and job creation in the region between the 

United States and Mexico, sustainable economic and social development, and job creation in the region. 

GLOBAL ENVIRONMENT FACILITY

The conference agreement provides $89,820,000 for the Global 

Environment Facility (GEF). 

The conferees direct the Secretary of the Treasury to submit a 

report to the Committees on Appropriations, not later than 45 days 

after enactment of this Act, describing the amount of funds since 

2008 that the GEF has allocated for anti-malaria research and the 

programs funded. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

The conference agreement provides $1,325,000,000 for Contribution to the International Development Association. 

The conference agreement provides $167,000,000 for the 

United States’ share of the Multilateral Debt Relief Initiative commitment, including $91,000,000 for the remainder of the IDA–15 

share and $76,000,000 for the IDA–16 share. 

CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION

AND DEVELOPMENT

The conference agreement provides $117,364,344 for Contribution to the International Bank for Reconstruction and Development. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $2,928,990,899 for Limitation on Callable Capital Subscriptions. 

CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

The conference agreement provides $184,630,000 for Contribution to the Clean Technology Fund. 

CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

The conference agreement provides $49,900,000 for Contribution to the Strategic Climate Fund. 

GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

The conference agreement provides $135,000,000 for Global 

Agriculture and Food Security Program. 


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CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK

The conference agreement provides $75,000,000 for Contribution to the Inter-American Development Bank. 

The conference agreement provides $4,670,000 for payment to 

the Inter-American Investment Corporation. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $4,098,794,833 for Limitation on Callable Capital Subscriptions. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

The conference agreement provides $25,000,000 for Contribution to the Enterprise for the Americas Multilateral Investment 

Fund. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

The conference agreement provides $106,586,000 for Contribution to the Asian Development Bank. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $2,558,048,769 for Limitation on Callable Capital Subscriptions. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

The conference agreement provides $100,000,000 for Contribution to the Asian Development Fund. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

The conference agreement provides $32,417,720 for Contribution to the African Development Bank. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $507,860,808 for Limitation on Callable Capital Subscriptions. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

The conference agreement provides $172,500,000 for Contribution to the African Development Fund. 

The conference agreement provides $7,500,000 for the Multilateral Debt Relief Initiative. 

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The conference agreement provides $1,252,331,952 for Limitation on Callable Capital Subscriptions. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

The conference agreement provides $30,000,000 for Contribution to the International Fund for Agricultural Development. 


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TITLE VI 

EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

INSPECTOR GENERAL

The conference agreement provides $4,000,000 for the Inspector General for the Export-Import Bank (the Bank). 

The conferees are concerned with the absence of regular inspections of Overseas Private Investment Corporation (OPIC) operations and the oversight of an Inspector General, and direct the 

President of OPIC to consult with the Committees on Appropriations and other appropriate congressional committees on the options for increasing oversight of OPIC programs, including under 

the authorities of the Export-Import Bank Inspector General. 

SUBSIDY APPROPRIATION

The conference agreement provides $58,000,000 for Subsidy 

Appropriation for the Export-Import Bank. 

ADMINISTRATIVE EXPENSES

The conference agreement provides $89,900,000 for Administrative Expenses for the Export-Import Bank. The conference agreement includes $6,000,000 to support the 

Bank’s efforts to establish regional offices focusing on small businesses and to significantly increase the number of small business 

transactions. 

The conferees direct that the use of the aggregate loan, guarantee, and insurance authorities available to the Bank in fiscal 

year 2012 should not result in greenhouse gas emissions from the 

extraction or production of fossil fuels or the use of fossil fuels in 

electricity generation that exceed the average of the total emissions 

in the preceding three fiscal years resulting from the use of these 

authorities unless, not less than 15 days prior to each such use of 

such authorities in fiscal year 2012, the Bank provides a written 

report to the Committees on Appropriations that such use would 

result in emissions exceeding this amount and indicating the 

amount of the increase, and posts such report on the Bank’s Web 

site. 

The conference agreement directs that not less than 10 percent 

of the Bank’s authority for aggregate loan, guarantee, and insurance should be used for renewable energy and end-use energy efficiency technologies. The conferees direct the Bank to provide a report to the Committees on Appropriations, not later than 90 days 

after enactment of this Act, that includes: all financing for renewable energy and end-use energy efficiency technologies, or other environmentally beneficial exports carried out in fiscal year 2011; efforts made by the Bank to promote and support such exports; information on which regions and sectors exhibit the greatest potential 

for such exports; how the Bank defines and tracks such activities; 

data on the Bank’s progress toward meeting the 10 percent directive and the Bank’s planned efforts to overcome any shortfall; the 

Bank’s data, current policies, and efforts to mitigate greenhouse 


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gas emissions resulting from projects it finances; and, as applicable, the implementation status of recommendations made by the 

GAO concerning the promotion of renewable energy and end-use 

energy efficiency technologies, as well as other environmentally 

beneficial exports. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The conference agreement provides $54,990,000 for Noncredit 

Account of OPIC. 

PROGRAM ACCOUNT

The conference agreement provides $25,000,000 for Program 

Account of OPIC. 

The conferees endorse prior year reporting requirements relating to a semi-annual report on OPIC investment funds, and prior 

consultation on local currency guarantees and financing for nongovernmental organizations and private and voluntary organizations, as stated in House Report 111–187 accompanying H.R. 3081. 

The conferees direct the President of OPIC to include in its fiscal year 2013 congressional budget justification a confidential 

annex that describes new loans, guarantees, and insurance approved in fiscal year 2011 by category, recipient, country, level of 

OPIC resources provided, and source year of financing used. The 

conferees also direct OPIC to provide additional detail, including an 

annual summary of positive and negative subsidy by product line. 

The conferees are concerned with the absence of regular inspections of OPIC operations and the oversight of an Inspector 

General, and direct the President of OPIC to consult with the Committees on Appropriations and other appropriate congressional 

committees on the options for increasing oversight of OPIC programs, including under the authorities of the Export-Import Bank 

Inspector General. 

TRADE AND DEVELOPMENT AGENCY

The conference agreement provides $50,000,000 for Trade and 

Development Agency. 

TITLE VII 

GENERAL PROVISIONS 

The following general provisions are continued in this Act substantively unchanged from the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F 

of Public Law 111–117): 

Sec. 7001. Allowances and Differentials 

Sec. 7003. Consulting Services 

Sec. 7005. Personnel Actions 

Sec. 7007. Prohibition Against Direct Funding for Certain Countries 

Sec. 7010. Reporting Requirement 

Sec. 7012. Limitation on Assistance to Countries in Default 

Sec. 7014. Reservations of Funds 

Sec. 7016. Notification of Excess Defense Equipment 


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Sec. 7017. Limitation on Availability of Funds for International Organizations and 

Programs 

Sec. 7018. Prohibition on Funding for Abortions and Involuntary Sterilization 

Sec. 7020. Prohibition of Payment of Certain Expenses 

Sec. 7022. Authorization Requirements 

Sec. 7023. Definition of Program, Project, and Activity 

Sec. 7026. Separate Accounts 

Sec. 7027. Eligibility for Assistance 

Sec. 7028. Impact on Jobs in the United States 

Sec. 7030. Debt-for-Development 

Sec. 7032. Authority to Engage in Debt Buybacks or Sales 

Sec. 7035. Arab League Boycott of Israel 

Sec. 7036. Palestinian Statehood 

Sec. 7037. Restrictions Concerning the Palestinian Authority 

Sec. 7038. Prohibition on Assistance to the Palestinian Broadcasting Corporation 

Sec. 7039. Assistance for the West Bank and Gaza 

Sec. 7047. Prohibition of Payments to United Nations Members 

Sec. 7048. War Crimes Tribunals Drawdown 

Sec. 7050. Community-Based Police Assistance 

Sec. 7053. Parking Fines and Real Property Taxes Owed by Foreign Governments 

(incorporates prior year conditions by reference) 

Sec. 7054. Landmines and Cluster Munitions 

Sec. 7055. Prohibition on Publicity or Propaganda 

Sec. 7056. Limitation on Residence Expenses 

Sec. 7059. Prohibition on Promotion of Tobacco 

Sec. 7064. Requests for Documents 

Sec. 7068. Extradition 

Sec. 7069. Commercial Leasing of Defense Articles 

Sec. 7072. Repression in the Russian Federation 

Sec. 7073. Prohibition on First-Class Travel 

The following general provisions are either new, or are substantively modified, from those included in division F of Public Law 

111–117: 

Sec. 7002. Unobligated Balances Report (Modified) 

Section 7002 of the conference agreement requires any department or agency funded by this Act to provide a quarterly report on 

unobligated and unexpended balances to the Committees on Appropriations. The conferees expect the report to specify, where feasible, 

funds obligated pursuant to bilateral agreements which have not 

been further sub-obligated. The conferees note that current reports 

from USAID designate expired and unexpired funds by account and 

fiscal year, and expect the Department of State to continue to work 

on modifying their financial systems to enable them to submit a report in a similar format. The conferees also direct the Department 

of State and USAID to provide periodic briefings on the information in this report, including on the status of sub-obligations related to bilateral agreements. 

Sec. 7004. Embassy Construction (Modified) 

The conference agreement includes authorization within section 7004 for the Maintenance Cost Sharing initiative to utilize 

funding from the Capital Security Cost Sharing (CSCS) program 

for the maintenance, repair, and rehabilitation of new facilities 

with an inter-agency presence. 


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Sec. 7006. Local Guard Contracts (Modified) 

Sec. 7008. Coups d’E ́ tat (Modified) 

The conferees intend that the modifications to this provision 

shall apply to prospective coups d’e ́tat and shall not apply to retrospective assessments. 

Sec. 7009. Transfer Authority (Modified) 

Sec. 7011. Availability of Funds (Modified) 

Sec. 7013. Prohibition on Taxation of United States Assistance 

(Modified) 

Sec. 7015. Notification Requirements (Modified) 

Sec. 7019. Allocations (Modified) 

Sec. 7021. Prohibition on Assistance to Governments Supporting 

International Terrorism (Modified) 

Section 7021 of the conference agreement combines sections 

7021 and 7022 in division F of Public Law 111–117 relating to prohibitions on the export of lethal military equipment and on providing bilateral assistance to countries supporting international 

terrorism. Additionally, section 7021 prohibits bilateral assistance 

to any foreign government controlled by a designated terrorist organization. 

Sec. 7024. Authorities for the Peace Corps, Inter-American Foundation and African Development Foundation (Modified) 

Sec. 7025. Commerce, Trade and Surplus Commodities 

The conference agreement includes language expanding exceptions to the application of subsection (b). When relying on this expanded exception, the USAID Administrator should, in order to 

maximize program effectiveness, consult with relevant agriculture 

industry representatives regarding the same, similar, or substitute 

commodities and products. 

Sec. 7029. International Financial Institutions (Modified) 

Sec. 7031. Financial Management and Budget Transparency 

(Modified) 

For the purposes of this section the term ‘‘direct governmentto-government assistance’’ shall include cash transfers, nonproject 

sector assistance, and other forms of assistance where funds appropriated by this Act are provided directly to the recipient government. 

Section 7031(c) includes language related to anti-kleptocracy. 

The conferees note that this provision revises current law (section 

7084 of division F of Public Law 111–117) and includes a national 

interest waiver. The conferees note that ineligibility for entry into 

the United States under this provision is not dependent on a decision or other action by any Federal agency other than the Department of State. 


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Sec. 7033. Multi-Year Commitments (New) 

The conferees understand that the Secretary of the Treasury 

does not intend to increase the quota resources of the IMF in fiscal 

year 2012. If the Secretary does intend to commit the United 

States to additional contributions to the IMF, the conference agreement includes a provision that would, at a minimum, require consultation with the Committees on Appropriations not less than 7 

days before such pledge is made. 

Sec. 7034. Special Provisions (Modified) 

Section 7034(h)(5) states that funds appropriated by this Act 

that are made available to promote democracy and human rights 

shall also be made available to support freedom of religion, especially in the Middle East and North Africa. 

Section 7034(k) redesignates section 620J of the Foreign Assistance Act of 1961 to section 620M, and modifies it by substituting ‘‘credible information’’ for ‘‘credible evidence’’ in order to 

clarify that the information need not be admissible in a court of 

law to be credible and to conform to similar wording in a comparable provision in the Defense Appropriations Act, and by adding 

guidelines for: tracking United States assistance to foreign security 

forces; the collection, receipt, evaluation, and preservation of information about gross violations of human rights; vetting both individuals and units; and, to the maximum extent practicable, publicly 

identifying units for which no assistance shall be furnished pursuant to section 620M. 

Sec. 7040. Limitation on Assistance for the Palestinian Authority 

(Modified subsection (f)) 

Sec. 7041. Near East (Modified) 

Section 7041(a)(1) of this Act provides limitations on assistance 

for Egypt, and includes authorities for an Egypt debt initiative. 

Section 7041(a)(3) provides authority and conditions for an 

Egypt initiative. The conferees make available up to $500,000,000 

of the funds appropriated under the Economic Support Fund heading in this Act and prior acts for such purposes. However, the conferees note that all funds are subject to the regular notification procedures of the Committees on Appropriations and expect that funds 

will be provided in tranches, at the minimum rate necessary, and 

in a manner consistent with the advancement of United StatesEgyptian strategic interests. The conferees note that this initiative 

demonstrates United States support for Egypt’s democratic transition and economic development, and should serve as an incentive 

to the Government of Egypt (GOE) to pursue policies of mutual interest. The conferees intend that prior to the use of the authority 

under this initiative the transition to a civilian government will 

have substantially progressed, and the GOE will implement economic development policies consistent with the objectives of such 

initiative. 

The conferees direct that the notification submitted to the 

Committees on Appropriations include a detailed description and 

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nation of how such projects contribute to economic and democratic 

reforms in Egypt, and the means by which the uses of funds and 

results achieved will be monitored and measured. The conferees intend that the notification may be submitted to other congressional 

committees, as appropriate. 

The conferees direct the Secretary of State to use prior appropriated funds to the maximum extent practicable with respect to 

supporting projects and initiatives in Egypt, and to structure the 

timing and amounts of disbursements of funds for activities regarding the Egypt debt initiative. The Secretary of State shall consult 

with the Committees on Appropriations and other congressional 

committees, as appropriate, on the planned uses of the funds prior 

to obligating funds under such structured disbursement. The conferees expect the Secretary of State to spend down prior appropriated funds in an efficient manner, and to keep the Committees 

on Appropriations informed on a regular basis on the balances of 

such funds. 

Section 7041(b) of this Act includes language authorizing the 

establishment of enterprise funds in Egypt, Tunisia, and Jordan. 

The conferees intend that at the termination of the respective 

funds, 50 percent of the proceeds realized by each fund from the 

liquidation of its assets should be returned to the United States 

Treasury. The conferees request that the Comptroller General of 

the United States conduct a review, one year after the establishment of any enterprise fund, to examine the management and oversight of the funds and to determine if appropriate and sufficient 

safeguards exist against financial misconduct. 

The conference agreement includes language regarding democracy promotion in Libya and Syria, and restricts infrastructure assistance for Libya. 

Sec. 7042. Serbia (Modified) 

Sec. 7043. Africa (Modified) 

The conferees direct the Secretary of State to provide to the 

Committees on Appropriations the report detailed in section 

7061(b)(3) of S. 1601 (112th Congress). 

The conferees direct the Secretary of State to ensure that no 

United States training, equipment, or other assistance is provided 

to any Kenyan military personnel or units who have been credibly 

alleged to have violated human rights at Mount Elgon in March 

2008, and to report to the Committees on Appropriations within 90 

days of enactment of this Act on steps taken by the Government 

of Kenya to conduct a thorough, credible investigation of such violations. 

The conferees endorse language in the Senate report regarding 

the disappearance of journalist Ebrimah Manneh in The Gambia. 

Sec. 7044. Asia (Modified) 

Sec. 7045. Western Hemisphere (Modified) 

The conferees direct that of the funds appropriated by this Act 

that are available for assistance for the Colombian Armed Forces, 

25 percent may be obligated only after the Secretary of State 


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consults with, and subsequently certifies and submits a written report to, the Committees on Appropriations that— 

(1) The Colombian Armed Forces are suspending those members, of whatever rank, who have been credibly alleged to have violated human rights, or to have aided, abetted or benefitted from 

paramilitary organizations or other illegal armed groups; all such 

cases are promptly referred to civilian jurisdiction for investigation 

and prosecution, and the Colombian Armed Forces are not opposing 

civilian jurisdiction in such cases; and the Colombian Armed Forces 

are cooperating fully with civilian prosecutors and judicial authorities. 

(2) The Government of Colombia has taken all necessary steps 

to sever links with paramilitary organizations or other illegal 

armed groups. 

(3) The Government of Colombia is dismantling paramilitary 

networks, including by arresting and prosecuting under civilian 

criminal law individuals who have provided financial, planning, or 

logistical support, or have otherwise aided, abetted or benefitted 

from paramilitary organizations or other illegal armed groups, and 

by returning land and other assets illegally acquired by such organizations or their associates to their rightful occupants or owners. 

(4) The Government of Colombia is respecting the rights of 

human rights defenders, journalists, trade unionists, and other social activists, and the rights and territory of indigenous and AfroColombian communities; and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including 

displaced persons, and combatants, in their operations. 

The conferees also direct that not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to 

the Committees on Appropriations detailing any United States 

funding, assistance or other support for the Departamento 

Administrativo de Seguridad, its officials, employees, affiliates and 

contractors during the period 2002 through 2010, including but not 

limited to training, equipment, information sharing, technical assistance, and facilities construction. To the maximum extent possible the report shall be provided in unclassified form, but may also 

include a classified annex. 

Sec. 7046. South Asia (Modified) 

The conferees direct the Secretary of State to submit a report 

to the Committees on Appropriations not later than 45 days after 

enactment of this Act, detailing what steps have been taken by the 

Government of Sri Lanka and international bodies to thoroughly 

and credibly investigate war crimes and violations of international 

humanitarian law during the internal armed conflict, and evaluating the adequacy of steps taken by the Government of Sri Lanka 

to hold perpetrators accountable. The report should also indicate 

whether suspected combatants detained during the conflict remain 

in custody and whether humanitarian organizations have access to 

such detainees. 

The conferees direct that funds available for Afghanistan 

under the ESF and INCLE headings for training of foreign police, 

judicial, and military personnel should address gender-based violence, where appropriate. 


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The conferees direct that, not later than 180 days after enactment of this Act, the Secretary of State, in consultation with the 

USAID Administrator, submit a report to the Committees on Appropriations detailing actions taken by the Government of Afghanistan to expand rail transport in Afghanistan since 2009; providing 

an assessment of any national rail transport strategy, including the 

costs associated with implementation of such strategy; providing an 

analysis of the economic benefits of expanding and improving rail 

connections with neighboring countries, including in areas with significant resources; and making recommendations for the standardization of rail gauge in Afghanistan that is compatible with Central 

Asian countries, including Uzbekistan. 

Sec. 7049. United Nations (New) 

Section 7049(a) requires that 15 percent of United States contributions to United Nations agencies and the Organization of 

American States shall be withheld from obligation if the Secretary 

of State determines and reports that such agency or organization 

is not taking steps to meet certain conditions. The Secretary may 

waive this requirement if to do so is in the national interest. The 

conferees intend this restriction to apply only to such entities that 

receive annual United States contributions exceeding $20,000,000. 

The conferees further intend that for the purposes of this section, 

‘‘necessary access’’ means access necessary for United States Government officials to obtain the results of financial and performance 

audits in a timely manner. 

Sec. 7051. Attendance at International Conferences (Modified) 

Sec. 7052. Aircraft Transfer and Coordination (Modified) 

Sec. 7057. United States Agency for International Development 

Management (Modified) 

The conferees intend that funds appropriated under the heading Operating Expenses in title II of this Act are made available 

to develop and implement training for staff in overseas USAID missions to promote the full inclusion and equal participation of people 

with disabilities. 

Sec. 7058. Global Health Activities (Modified) 

Sec. 7060. Programs to Promote Gender Equality (Modified) 

Sec. 7061. Gender-Based Violence 

For the purposes of this Act, the conferees direct that genderbased violence should include any form of violence or abuse that 

targets women or men on the basis of their gender and results in 

physical, sexual or psychological harm. 

The conferees direct the Secretary of State and the USAID Administrator to submit to the Committees on Appropriations, not 

later than 180 days after the enactment of this Act, a multi-year 

strategy to prevent and respond to violence against women and 

girls in countries where it is common. The strategy should include 

achievable and sustainable goals, benchmarks for measuring 


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progress, and expected results. The formulation of the strategy 

should include regular engagement with men and boys as community leaders and advocates in ending such violence. 

Sec. 7062. Sector Allocations (New) 

This section consolidates directives, related reporting requirements and limitations for program funding in sectors including 

education, environment, and food security and agriculture development. The conferees expect these funds to be awarded competitively and in accordance with all applicable rules and regulations. 

With respect to funding requirements in this section and other 

minimum funding requirements contained in the conference agreement, the conferees note that funds appropriated in title VIII of 

this Act under the same headings may be used to meet such requirements. 

Sec. 7063. Central Asia (Modified) 

Sec. 7065. Overseas Private Investment Corporation (Modified) 

Sec. 7066. International Prison Conditions (Modified) 

Sec. 7067. Prohibition on Use of Torture (Modified) 

Sec. 7070. Independent States of the Former Soviet Union (Modified) 

Sec. 7071. International Monetary Fund (Modified) 

Sec. 7074. Disability Programs (Modified) 

Sec. 7075. Enterprise Funds (Modified) 

Sec. 7076. Consular Affairs (New) 

Sec. 7077. Procurement Reform (New) 

Section 7077 provides authority to the USAID Administrator to 

award contracts and other acquisition instruments to local entities 

if the procurement meets the criteria described in this provision. 

Sec. 7078. Operating and Spend Plans (New) 

Sec. 7079. Rescissions (New) 

Sec. 7080. Special Defense Acquisition Fund (New) 

Sec. 7081. Authority for Capital Increases (New) 

Sec. 7082. Reforms Related to General Capital Increases (New) 

Sec. 7083. Authority for Replenishments (New) 

Sec. 7084. Authority for the Fund for Special Operations (New) 

Sec. 7085. United Nations Population Fund (Modified) 

The conference agreement continues prior year conditions on 

funding for the United Nations Population Fund and modifies the 

funding level. 


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Sec. 7086. Limitations (New) 

Sec. 7087. Use of Funds in Contravention of this Act (Modified) 

The conferees continue the requirement that the Executive 

Branch notify the Committees on Appropriations 5 days in advance 

of any action or other decision that would otherwise have been prohibited or required by this Act but for a determination that a provision in this Act is unconstitutional. 

The following general provisions included in division F of Public Law 111–117 have been modified and merged with other provisions in this Act: Sections 7022, 7043, 7046, 7050, 7052, 7054, 

7064, 7065, 7076, 7081, 7084, 7086, and 7089. 

The conference agreement does not include section 7066 included in division F of Public Law 111–117 regarding a comprehensive expenditures report. Instead, the conferees direct the Secretary 

of State, in consultation with relevant agency heads, to report to 

the Committees on Appropriations, not later than 180 days after 

enactment of this Act, on options for standardizing assistance information, by program, country, and fiscal year. The conferees intend 

to direct the submission of this report in future fiscal years, and 

to require its posting on the Foreign Assistance Dashboard. 

The conference agreement does not continue the following general provisions included in division F of Public Law 111–117: Sections 7033, 7041, 7068, 7088, and 7091. 

TITLE VIII 

OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON 

TERRORISM 

Funds appropriated as OCO/GWOT under this title address 

the ‘‘extraordinary and temporary’’ costs of contingency operations 

in Afghanistan, Pakistan and Iraq, as well as other counterterrorism and counterinsurgency programs and response to conflict-related and other crises. As noted in the congressional budget justification for fiscal year 2012, OCO funds are expected to be phased 

out over time. 

DEPARTMENT OF STATE

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The conference agreement provides $4,389,064,000 for Diplomatic and Consular Programs, of which $236,201,000 is for Worldwide Security Protection. The amount provided is for the extraordinary costs of operations in Afghanistan, Pakistan, and Iraq and 

is designated for OCO/GWOT pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

The conferees intend that funds made available for operations 

in Afghanistan will be used to train and deploy additional directhire personnel to improve monitoring and control of United States 

assistance. 

The conferees direct the Secretary of State to cooperate with 

the Office of Inspector General for the Department of State and 


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SIGIR, including requests from the SIGIR for information and documentation involving operations in support of foreign assistance 

programs. 

The conferees direct that the spend plan required by section 

7078 of this Act include a detailed description of the designated 

amounts by category, break-out costs of operations by location and 

provide staffing levels for each location and provincial area, where 

applicable. In addition, with respect to funds transferred to other 

agencies in support of Afghanistan operations, the spend plan 

should include projected transfer amounts and number of staff supported by each agency. 

CONFLICT STABILIZATION OPERATIONS

The conference agreement provides $8,500,000 for CSO for deployment costs, including to Afghanistan, Pakistan, and Iraq. The 

amount provided is designated for OCO/GWOT pursuant to the 

Balanced Budget and Emergency Deficit Control Act of 1985. In addition, the agreement includes authority for the Secretary of State 

to transfer up to $35,000,000 of the funds appropriated under the 

heading Diplomatic and Consular Programs in title I for the support of CSO operations and activities. 

The conferees direct that the Secretary of State notify the 

Committees on Appropriations within fifteen days of a new deployment of the Civilian Response Corps (CRC), to include the destination, size, composition, and expected duration and cost of the deployment. 

The conferees expect the spend plan required by section 7078 

of this Act to include details on projected staffing of the CRC, a list 

of deployments and planned deployments for the fiscal year, and a 

summary of any strategic review of CSO operations, including a 

timeline for implementation of organizational, personnel, and program changes. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $67,182,000 for the Office 

of Inspector General at the Department of State, of which 

$3,250,000 is for support of the Middle East Regional Office, 

$44,387,000 is for SIGAR, and $19,545,000 is to sustain the current 

level of operations for SIGIR. The amount provided is for the extraordinary costs of program oversight in Afghanistan, Pakistan, 

and Iraq and is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. 

The conferees do not support the proposed drawdown of SIGIR 

in fiscal year 2012 as proposed in the request. SIGIR should continue to exercise oversight over the assistance programs in Iraq, including the support costs associated with programs funded under 

the International Narcotics Control and Law Enforcement heading. 

Section 7078 of this Act requires the relevant department, 

agency, or organization to submit to the Committees on Appropriations a spend plan for funds appropriated in titles I and II of this 

Act. The conferees expect both SIGAR and SIGIR to submit such 

plans not later than 30 days after enactment of this Act. 


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EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The conference agreement provides $15,600,000 for Educational and Cultural Exchange Programs. The amount provided is 

for the extraordinary costs of exchange and public diplomacy programs in Afghanistan and Pakistan, and is designated for OCO/ 

GWOT pursuant to the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement provides $33,000,000 for Embassy 

Security, Construction, and Maintenance. The amount provided is 

for the extraordinary costs of leased facilities in Iraq and is designated for OCO/GWOT pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The conference agreement provides $101,300,000 for Contributions to International Organizations. The amount provided is for 

the extraordinary costs of United Nations missions in Afghanistan 

and Iraq and is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. 

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The conference agreement provides $4,400,000 for International Broadcasting Operations for the extraordinary costs of 

United States international broadcasting to Iraq, Afghanistan, 

Pakistan, and the Middle East and is designated for OCO/GWOT 

pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

RELATED PROGRAMS 

UNITED STATES INSTITUTE OF PEACE

The conference agreement provides $8,411,000 for USIP. The 

amount provided is for the extraordinary costs of USIP programs 

in Afghanistan, Pakistan, and Iraq and is designated for OCO/ 

GWOT pursuant to the Balanced Budget and Emergency Deficit 

Control Act of 1985. 

UNITED STATES AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

FUNDS APPROPRIATED TO THE PRESIDENT

OPERATING EXPENSES

The conference agreement provides $255,000,000 for Operating 

Expenses. The amount provided is for the extraordinary costs of opVerDate Mar 15 2010 05:22 Dec 21, 2011 Jkt 071515 PO 00000 Frm 01366 Fmt 6601 Sfmt 6601 E:\HR\OC\HR331.XXX HR331

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erations in Afghanistan, Pakistan, and Iraq and is designated for 

OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $4,500,000 for the Office of 

Inspector General. The amount provided is for the extraordinary 

costs of oversight activities of programs and operations in Afghanistan, Pakistan, and Iraq and is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 

1985. 

BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL DISASTER ASSISTANCE

The conference agreement provides $150,000,000 for International Disaster Assistance. The amount provided is for the extraordinary costs of the United States response to crises resulting 

from conflict, including in Afghanistan, Pakistan, Iraq, Yemen, and 

the Horn of Africa, and is designated for OCO/GWOT pursuant to 

the Balanced Budget and Emergency Deficit Control Act of 1985. 

TRANSITION INITIATIVES

The conference agreement provides $6,554,000 for Transition 

Initiatives. The amount provided is for the extraordinary costs of 

contingency operations in conflict countries, such as Afghanistan, 

Pakistan, Libya, and Yemen and is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act 

of 1985. 

COMPLEX CRISES FUND

The conference agreement provides $30,000,000 for the Complex Crises Fund. The amount provided is for the extraordinary 

costs of addressing security and stabilization requirements in conflict countries, such as Pakistan, Somalia, and Yemen, and countries emerging from conflict and is designated for OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act 

of 1985. 

ECONOMIC SUPPORT FUND

The conference agreement provides $2,761,462,000 for the Economic Support Fund for the extraordinary costs of contingency operations, including in Afghanistan, Pakistan, Iraq, Yemen, Somalia, 

North Africa, and for African counterterrorism partnerships. The 

full amount provided is designated for OCO/GWOT pursuant to the 

Balanced Budget and Emergency Deficit Control Act of 1985. 


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DEPARTMENT OF STATE

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement provides $229,000,000 for Migration 

and Refugee Assistance. The amount provided is for the extraordinary costs of United States response to crises resulting from conflict, including in Afghanistan, Pakistan, Iraq, Yemen, and the 

Horn of Africa, and is designated for OCO/GWOT pursuant to the 

Balanced Budget and Emergency Deficit Control Act of 1985. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The conference agreement provides $1,552,000 for International Affairs Technical Assistance. The amount provided is for 

the extraordinary costs of contingency operations, including in Afghanistan, Pakistan, and Iraq, and is designated for OCO/GWOT 

pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

INTERNATIONAL SECURITY ASSISTANCE 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement provides $983,605,000 for International Narcotics Control and Law Enforcement for the extraordinary costs of contingency operations, including in Afghanistan, 

Pakistan, Iraq, Yemen, Somalia, and for African counterterrorism 

partnerships. The amount provided is designated for OCO/GWOT 

pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

The conference agreement provides $120,657,000 for Nonproliferation, Anti-terrorism, Demining and Related Programs for 

the extraordinary costs of anti-terrorism assistance, including in 

Afghanistan, Pakistan, Iraq, Yemen, Kenya, and for support of the 

Office of the Coordinator for Counterterrorism, to include the Regional Strategic Initiative. The amount provided is designated for 

OCO/GWOT pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. 

PEACEKEEPING OPERATIONS

The conference agreement provides $81,000,000 for Peacekeeping Operations for the extraordinary costs of contingency operations in Somalia and counterterrorism activities in Africa. The 

amount provided is designated for OCO/GWOT pursuant to the 

Balanced Budget and Emergency Deficit Control Act of 1985. 


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FUNDS APPROPRIATED TO THE PRESIDENT

FOREIGN MILITARY FINANCING PROGRAM

The conference agreement provides $1,102,000,000 for the Foreign Military Financing Program for the extraordinary costs of contingency operations, including in Iraq, Pakistan, the Philippines, 

and Yemen. The amount provided is designated for OCO/GWOT 

pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

The conferees expect that the spend plan required by section 

7078 of this Act will include a detailed description, by program objective, of all activities supported with funds made available under 

this heading. 

PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $850,000,000 for the Pakistan Counterinsurgency Capability Fund. The amount provided is 

designated for OCO/GWOT pursuant to the Balanced Budget and 

Emergency Deficit Control Act of 1985. 

GENERAL PROVISIONS 

Sec. 8001 

This provision clarifies that the amounts appropriated by this 

title are in addition to amounts appropriated or otherwise made 

available in this Act for fiscal year 2012. 

Sec. 8002 

This provision makes applicable to funds appropriated in this 

title the authorities and conditions applicable to such accounts elsewhere in the Act. 

Sec. 8003 

This provision confers authority to the Secretary of State to 

transfer funds appropriated in this title for assistance between accounts, subject to the regular notification procedures of the Committees on Appropriations. 

Sec. 8004 

This provision provides for transfer of up to $50,000,000 to the 

Global Security Contingency Fund pending authorization of the account. 


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1369 


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1370 


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1371 


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1372 


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1373 


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1374 


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1375 


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1376 


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1377 


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1378 


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1379 


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1380 


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1381 

HAROLD ROGERS, C.W. BILL YOUNG, JERRY LEWIS, RODNEY P. FRELINGHUYSEN, ROBERT B. ADERHOLT, JO ANN EMERSON, KAY GRANGER, MICHAEL K. SIMPSON, JOHN ABNEY CULBERSON, ANDER CRENSHAW, DENNY REHBERG, JOHN R. CARTER, NORMAN D. DICKS, PETER J. VISCLOSKY, NITA M. LOWEY, JOSE ́ E. SERRANO, ROSA L. DELAURO, JAMES P. MORAN, DAVID E. PRICE, SANFORD D. BISHOP, JR. Managers on the part of the House. 

TIM JOHNSON, 

DANIEL K. INOUYE, 

MARY L. LANDRIEU, 

PATTY MURRAY, 

JACK REED, 

BEN NELSON, 

MARK L. PRYOR, 

PATRICK J. LEAHY, 

KAY BAILEY HUTCHISON, 

LISA MURKOWSKI, 

ROY BLUNT, 

JOHN HOEVEN, 

THAD COCHRAN. 

Managers on the part of the Senate. 

Æ 


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