Consolidated Appropriations Act, 2012
PL 112-74 (H.R.2055), enacted 12/23/2011

125 STAT. 786 
PUBLIC LAW 112–74—DEC. 23, 2011 
Public Law 112–74 
112th Congress 
An Act 
Making appropriations for military construction, the Department of Veterans Affairs, 
and related agencies for the fiscal year ending September 30, 2012, and for 
other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Consolidated Appropriations 
Act, 2012’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Statement of appropriations. 
Sec. 5. Availability of funds. 
DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012 
Title I—Military Personnel 
Title II—Operation and Maintenance 
Title III—Procurement 
Title IV—Research, Development, Test and Evaluation 
Title V—Revolving and Management Funds 
Title VI—Other Department of Defense Programs 
Title VII—Related agencies 
Title VIII—General provisions 
Title IX—Overseas contingency operations 
DIVISION B—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 
2012 
Title I—Corps of Engineers—Civil 
Title II—Department of the Interior 
Title III—Department of Energy 
Title IV—Independent agencies 
Title V—General provisions 
DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT 
APPROPRIATIONS ACT, 2012 
Title I—Department of the Treasury 
Title II—Executive Office of the President and Funds Appropriated to the President 
Title III—The Judiciary 
Title IV—District of Columbia 
Title V—Independent agencies 
Title VI—General provisions—This Act 
Title VII—General provisions—Government-wide 
Title VIII—General provisions—District of Columbia 
DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS 
ACT, 2012 
Title I—Departmental management and operations 
Consolidated 
Appropriations 
Act, 2012. 
Dec. 23, 2011 
[H.R. 2055] 
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125 STAT. 787 
PUBLIC LAW 112–74—DEC. 23, 2011 
Title II—Security, enforcement, and investigations 
Title III—Protection, preparedness, response, and recovery 
Title IV—Research and development, training, and services 
Title V—General provisions 
DIVISION E—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2012 
Title I—Department of the Interior 
Title II—Environmental Protection Agency 
Title III—Related agencies 
Title IV—General provisions 
DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, 
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2012 
Title I—Department of Labor 
Title II—Department of Health and Human Services 
Title III—Department of Education 
Title IV—Related agencies 
Title V—General provisions 
DIVISION G—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2012 
Title I—Legislative branch 
Title II—General provisions 
DIVISION H—MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND 
RELATED AGENCIES APPROPRIATIONS ACT, 2012 
Title I—Department of Defense 
Title II—Department of Veterans Affairs 
Title III—Related agencies 
Title IV—Overseas contingency operations 
Title V—General provisions 
DIVISION I—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND 
RELATED PROGRAMS APPROPRIATIONS ACT, 2012 
Title I—Department of State and related agency 
Title II—United States Agency for International Development 
Title III—Bilateral economic assistance 
Title IV—International security assistance 
Title V—Multilateral assistance 
Title VI—Export and investment assistance 
Title VII—General provisions 
Title VIII—Overseas contingency operations 
SEC. 3. REFERENCES. 
Except as expressly provided otherwise, any reference to ‘‘this 
Act’’ contained in any division of this Act shall be treated as 
referring only to the provisions of that division. 
SEC. 4. STATEMENT OF APPROPRIATIONS. 
The following sums in this Act are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the fiscal 
year ending September 30, 2012. 
SEC. 5. AVAILABILITY OF FUNDS. 
Each amount designated in this Act by the Congress for Over-
seas Contingency Operations/Global War on Terrorism pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Def-
icit Control Act of 1985 shall be available (or rescinded, if applicable) 
only if the President subsequently so designates all such amounts 
and transmits such designations to the Congress. 
1 USC 1 note. 
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125 STAT. 788 
PUBLIC LAW 112–74—DEC. 23, 2011 
DIVISION A—DEPARTMENT OF DEFENSE 
APPROPRIATIONS ACT, 2012 
TITLE I 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, 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 sta-
tions, 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 sta-
tions, for members of the Marine Corps on active duty (except 
members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of Public Law 97–377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Military Retire-
ment 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 sta-
tions, for members of the Air Force on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; for members of the Reserve Officers’ Training Corps; and 
for payments pursuant to section 156 of Public Law 97–377, as 
amended (42 U.S.C. 402 note), and to the Department of Defense 
Military Retirement Fund, $28,096,708,000. 
Department of 
Defense 
Appropriations 
Act, 2012. 
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125 STAT. 789 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 under-
going reserve training, or while performing drills or equivalent 
duty, and for members of the Marine Corps platoon leaders class, 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military 
Retirement Fund, $644,722,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air Force Reserve on 
active duty under sections 10211, 10305, and 8038 of title 10, 
United States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with per-
forming duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and expenses authorized 
by section 16131 of title 10, United States Code; and for payments 
to the Department of Defense Military Retirement Fund, 
$1,712,705,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
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125 STAT. 790 
PUBLIC LAW 112–74—DEC. 23, 2011 
while on duty under section 10211, 10302, or 12402 of title 10 
or section 708 of title 32, United States Code, or while serving 
on duty under section 12301(d) of title 10 or section 502(f) of 
title 32, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department 
of Defense Military Retirement Fund, $7,585,645,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 
708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $3,088,929,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
and not to exceed $12,478,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$31,072,902,000. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $14,804,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes, $38,120,821,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
by law, $5,542,937,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
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125 STAT. 791 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Depart-
ment of Defense (other than the military departments), as author-
ized 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 avail-
able for the Procurement Technical Assistance Cooperative Agree-
ment 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 Sec-
retary of Defense, the office of the Secretary of a military depart-
ment, 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 mainte-
nance funds shall not apply to the funds described in the preceding 
proviso: Provided further, That the transfer authority provided 
under this heading is in addition to any other transfer authority 
provided elsewhere in this Act. 
OPERATION AND MAINTENANCE, ARMY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation; 
care of the dead; recruiting; procurement of services, supplies, and 
equipment; and communications, $3,071,733,000. 
OPERATION AND MAINTENANCE, NAVY RESERVE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, and 
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125 STAT. 792 
PUBLIC LAW 112–74—DEC. 23, 2011 
administration, of the Navy Reserve; repair of facilities and equip-
ment; 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 transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, 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, oper-
ation, 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 specifi-
cally authorized by the Chief, National Guard Bureau; supplying 
and equipping the Army National Guard as authorized by law; 
and expenses of repair, modification, maintenance, and issue of 
supplies and equipment (including aircraft), $6,924,932,000. 
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 
For expenses of training, organizing, and administering the 
Air National Guard, including medical and hospital treatment and 
related expenses in non-Federal hospitals; maintenance, operation, 
and repairs to structures and facilities; transportation of things, 
hire of passenger motor vehicles; supplying and equipping the Air 
National Guard, as authorized by law; expenses for repair, modifica-
tion, 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 per-
sonnel on active Federal duty, for Air National Guard commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National 
Guard Bureau, $6,098,780,000. 
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125 STAT. 793 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 avail-
able 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 avail-
able until transferred: Provided, That the Secretary of the Navy 
shall, upon determining that such funds are required for environ-
mental 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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation: Provided 
further, That the transfer authority provided under this heading 
is in addition to any other transfer authority provided elsewhere 
in this Act. 
ENVIRONMENTAL RESTORATION, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For the Department of the Air Force, $525,453,000, to remain 
available until transferred: Provided, That the Secretary of the 
Air Force shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of hazardous 
waste, removal of unsafe buildings and debris of the Department 
of the Air Force, or for similar purposes, transfer the funds made 
Determinations. 
Determinations. 
Determination. 
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125 STAT. 794 
PUBLIC LAW 112–74—DEC. 23, 2011 
available by this appropriation to other appropriations made avail-
able 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 avail-
able until transferred: Provided, That the Secretary of Defense 
shall, upon determining that such funds are required for environ-
mental 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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation 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 avail-
able by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be 
available for the same purposes and for the same time period 
as the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes provided 
herein, such amounts may be transferred back to this appropriation: 
Provided further, That the transfer authority provided under this 
heading is in addition to any other transfer authority provided 
elsewhere in this Act. 
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 
For expenses relating to the Overseas Humanitarian, Disaster, 
and Civic Aid programs of the Department of Defense (consisting 
of the programs provided under sections 401, 402, 404, 407, 2557, 
Determinations. 
Determinations. 
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125 STAT. 795 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 compo-
nents, and weapon-related technology and expertise; for programs 
relating to the training and support of defense and military per-
sonnel 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 Sep-
tember 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 Develop-
ment 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; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $5,360,334,000, to 
remain available for obligation until September 30, 2014. 
MISSILE PROCUREMENT, ARMY 
For construction, procurement, production, modification, and 
modernization of missiles, equipment, including ordnance, ground 
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
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125 STAT. 796 
PUBLIC LAW 112–74—DEC. 23, 2011 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $1,461,223,000, to 
remain available for obligation until September 30, 2014. 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, 
ARMY 
For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including ord-
nance, spare parts, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including the land necessary therefor, for the foregoing purposes, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $2,070,405,000, to 
remain available for obligation until September 30, 2014. 
PROCUREMENT OF AMMUNITION, ARMY 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $1,884,424,000, to 
remain available for obligation until September 30, 2014. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
vehicles; the purchase of passenger motor vehicles for replacement 
only; communications and electronic equipment; other support 
equipment; spare parts, ordnance, and accessories therefor; special-
ized equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $7,924,214,000, to 
remain available for obligation until September 30, 2014. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
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125 STAT. 797 
PUBLIC LAW 112–74—DEC. 23, 2011 
parts, and accessories therefor; specialized equipment; expansion 
of public and private plants, including the land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$17,675,734,000, to remain available for obligation until September 
30, 2014. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government 
and 
contractor-owned 
equipment 
layaway, 
$3,224,432,000, to remain available for obligation until September 
30, 2014. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $626,848,000, to 
remain available for obligation until September 30, 2014. 
SHIPBUILDING AND CONVERSION, NAVY 
For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and 
armament thereof, plant equipment, appliances, and machine tools 
and installation thereof in public and private plants; reserve plant 
and 
Government 
and 
contractor-owned 
equipment 
layaway; 
procurement of critical, long lead time components and designs 
for vessels to be constructed or converted in the future; and expan-
sion of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, as follows: 
Carrier Replacement Program (AP), $554,798,000; 
Virginia Class Submarine, $3,221,314,000; 
Virginia Class Submarine (AP), $1,461,361,000; 
CVN Refuelings (AP), $529,652,000; 
DDG–1000 Program, $453,727,000; 
DDG–51 Destroyer, $1,980,709,000; 
DDG–51 Destroyer (AP), $100,723,000; 
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125 STAT. 798 
PUBLIC LAW 112–74—DEC. 23, 2011 
Littoral Combat Ship, $1,755,093,000; 
LPD–17, $1,837,444,000; 
LHA–Replacement, $1,999,191,000; 
Joint High Speed Vessel, $372,332,000; 
Oceanographic Ships, $89,000,000; 
Moored Training Ship, $131,200,000; 
LCAC Service Life Extension Program, $84,076,000; 
Service Craft, $3,863,000; and 
For outfitting, post delivery, conversions, and first 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 construc-
tion 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 fur-
ther, That none of the funds provided under this heading shall 
be used for the construction of any naval vessel in foreign shipyards. 
OTHER PROCUREMENT, NAVY 
For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy ordnance 
(except ordnance for new aircraft, new ships, and ships authorized 
for conversion); the purchase of passenger motor vehicles for 
replacement only; expansion of public and private plants, including 
the land necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of equipment, 
appliances, and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment layaway, 
$6,013,385,000, to remain available for obligation until September 
30, 2014. 
PROCUREMENT, MARINE CORPS 
For expenses necessary for the procurement, manufacture, and 
modification of missiles, armament, military equipment, spare 
parts, and accessories therefor; plant equipment, appliances, and 
machine tools, and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment 
layaway; vehicles for the Marine Corps, including the purchase 
of passenger motor vehicles for replacement only; and expansion 
of public and private plants, including land necessary therefor, 
and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title, 
$1,422,570,000, to remain available for obligation until September 
30, 2014. 
Vessels. 
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125 STAT. 799 
PUBLIC LAW 112–74—DEC. 23, 2011 
AIRCRAFT PROCUREMENT, AIR FORCE 
(INCLUDING TRANSFER OF FUNDS) 
For construction, procurement, and modification of aircraft and 
equipment, including armor and armament, specialized ground han-
dling 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 equip-
ment layaway; and other expenses necessary for the foregoing pur-
poses including rents and transportation of things, $12,950,000,000, 
to remain available for obligation until September 30, 2014: Pro-
vided, 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 struc-
tures, and acquisition of land, for the foregoing purposes, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents and 
transportation of things, $6,080,877,000, to remain available for 
obligation until September 30, 2014. 
PROCUREMENT OF AMMUNITION, AIR FORCE 
For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment and 
training devices; expansion of public and private plants, including 
ammunition facilities, authorized by section 2854 of title 10, United 
States Code, and the land necessary therefor, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and 
machine tools in public and private plants; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes, $499,185,000, to 
remain available for obligation until September 30, 2014. 
OTHER PROCUREMENT, AIR FORCE 
For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground elec-
tronic and communication equipment), and supplies, materials, and 
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125 STAT. 800 
PUBLIC LAW 112–74—DEC. 23, 2011 
spare parts therefor, not otherwise provided for; the purchase of 
passenger motor vehicles for replacement only; lease of passenger 
motor vehicles; and expansion of public and private plants, Govern-
ment-owned equipment and installation thereof in such plants, 
erection of structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be acquired, 
and construction prosecuted thereon, prior to approval of title; 
reserve plant and Government and contractor-owned equipment 
layaway, $17,403,564,000, to remain available for obligation until 
September 30, 2014. 
PROCUREMENT, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, supplies, 
materials, and spare parts therefor, not otherwise provided for; 
the purchase of passenger motor vehicles for replacement only; 
expansion of public and private plants, equipment, and installation 
thereof in such plants, erection of structures, and acquisition of 
land for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon prior 
to approval of title; reserve plant and Government and contractor- 
owned equipment layaway, $4,893,428,000, to remain available for 
obligation until September 30, 2014. 
DEFENSE PRODUCTION ACT PURCHASES 
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of 
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $169,964,000, 
to remain available until expended. 
TITLE IV 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$8,745,492,000, to remain available for obligation until September 
30, 2013. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY 
For expenses necessary for basic and applied scientific research, 
development, 
test 
and 
evaluation, 
including 
maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$17,753,940,000, to remain available for obligation until September 
30, 2013: Provided, That funds appropriated in this paragraph 
which are available for the V–22 may be used to meet unique 
operational requirements of the Special Operations Forces: Provided 
further, That funds appropriated in this paragraph shall be avail-
able for the Cobra Judy program. 
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125 STAT. 801 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 para-
graph, $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 dem-
onstration; 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 Evalua-
tion, in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in 
connection therewith, $191,292,000, to remain available for obliga-
tion until September 30, 2013. 
TITLE V 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For the Defense Working Capital Funds, $1,575,010,000. 
Deadline. 
Notification. 
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125 STAT. 802 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 ship-
board services; propulsion system components (engines, reduction 
gears, and propellers); shipboard cranes; and spreaders for ship-
board cranes: Provided further, That the exercise of an option 
in a contract awarded through the obligation of previously appro-
priated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military depart-
ment 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 Representa-
tives and the Senate that adequate domestic supplies are not avail-
able 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 oper-
ation 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 under-
taken in connection with United States military training, exercises, 
and humanitarian assistance activities conducted primarily in Afri-
can nations. 
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE 
For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical agents 
and munitions in accordance with the provisions of section 1412 
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 
1521), and for the destruction of other chemical warfare materials 
Waiver authority. 
Certification. 
Contracts. 
Contracts. 
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125 STAT. 803 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Stock-
pile 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 govern-
ments 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 Depart-
ment of Defense, for transfer to appropriations available to the 
Department of Defense for military personnel of the reserve compo-
nents 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: Pro-
vided, 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 Gen-
eral 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 procure-
ment; and of which $4,500,000, to remain available until September 
30, 2013, shall be for research, development, testing, and evaluation. 
TITLE VII 
RELATED AGENCIES 
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM FUND 
For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain the proper funding level 
Implementation 
plan. 
Determination. 
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125 STAT. 804 
PUBLIC LAW 112–74—DEC. 23, 2011 
for continuing the operation of the Central Intelligence Agency 
Retirement and Disability System, $513,700,000. 
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT 
For necessary expenses of the Intelligence Community Manage-
ment Account, $547,891,000. 
TITLE VIII 
GENERAL PROVISIONS 
SEC. 8001. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes not author-
ized 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 Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction) 
between such appropriations or funds or any subdivision thereof, 
to be merged with and to be available for the same purposes, 
and for the same time period, as the appropriation or fund to 
which transferred: Provided, That such authority to transfer may 
not be used unless for higher priority items, based on unforeseen 
military requirements, than those for which originally appropriated 
and in no case where the item for which funds are requested 
Turkey. 
Pay rates. 
Foreign 
nationals. 
10 USC 1584 
note. 
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125 STAT. 805 
PUBLIC LAW 112–74—DEC. 23, 2011 
has been denied by the Congress: Provided further, That the Sec-
retary 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 trans-
fers 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 sub-
section (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 congres-
sional 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 appro-
priate, and the fiscal year enacted level; 
(2) a delineation in the table for each appropriation both 
by budget activity and program, project, and activity as detailed 
in the Budget Appendix; and 
(3) an identification of items of special congressional 
interest. 
(b) Notwithstanding section 8005 of this Act, none of the funds 
provided in this Act shall be available for reprogramming or transfer 
until the report identified in subsection (a) is submitted to the 
congressional defense committees, unless the Secretary of Defense 
certifies in writing to the congressional defense committees that 
such reprogramming or transfer is necessary as an emergency 
requirement. 
(TRANSFER OF FUNDS) 
SEC. 8008. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
Certification. 
Deadline. 
Reports. 
Applicability. 
Deadline. 
Reprogramming 
requests. 
Notification. 
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125 STAT. 806 
PUBLIC LAW 112–74—DEC. 23, 2011 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided further, 
That transfers may be made between working capital funds and 
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and 
the ‘‘Operation and Maintenance’’ appropriation accounts in such 
amounts as may be determined by the Secretary of Defense, with 
the approval of the Office of Management and Budget, except that 
such transfers may not be made unless the Secretary of Defense 
has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital 
funds in this Act, no obligations may be made against a working 
capital fund to procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the Congress 
prior to any such obligation. 
SEC. 8009. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 30 
calendar days in advance to the congressional defense committees. 
SEC. 8010. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs economic 
order quantity procurement in excess of $20,000,000 in any one 
year of the contract or that includes an unfunded contingent liability 
in excess of $20,000,000; or (2) a contract for advance procurement 
leading to a multiyear contract that employs economic order 
quantity procurement in excess of $20,000,000 in any one year, 
unless the congressional defense committees have been notified 
at least 30 days in advance of the proposed contract award: Pro-
vided, 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: Pro-
vided further, That none of the funds provided in this Act may 
be used for a multiyear contract executed after the date of the 
enactment of this Act unless in the case of any such contract— 
(1) the Secretary of Defense has submitted to Congress 
a budget request for full funding of units to be procured through 
the contract and, in the case of a contract for procurement 
of aircraft, that includes, for any aircraft unit to be procured 
through the contract for which procurement funds are requested 
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full 
funding of procurement of such unit in that fiscal year; 
(2) cancellation provisions in the contract do not include 
consideration of recurring manufacturing costs of the contractor 
associated with the production of unfunded units to be delivered 
under the contract; 
Budget request. 
Deadline. 
Notification. 
Contracts. 
Notification. 
Deadlines. 
10 USC 2306b 
note. 
Notification. 
Deadline. 
Notification. 
Notification. 
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125 STAT. 807 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Air-
frames; 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 appro-
priated 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 Terri-
tories of the Pacific Islands and freely associated states of Micro-
nesia, 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 transpor-
tation 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 documenta-
tion supporting the fiscal year 2013 Department of Defense budget 
request shall be prepared and submitted to the Congress as if 
subsections (a) and (b) of this provision were effective with regard 
to fiscal year 2013. 
(c) Nothing in this section shall be construed to apply to military 
(civilian) technicians. 
SEC. 8013. None of the funds made available by this Act shall 
be used in any way, directly or indirectly, to influence congressional 
action on any legislation or appropriation matters pending before 
the Congress. 
SEC. 8014. None of the funds appropriated by this Act shall 
be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving benefits 
paid by the Secretary of Veterans Affairs from the Department 
of Defense Education Benefits Fund when time spent as a full- 
time student is credited toward completion of a service commitment: 
Provided, That this section shall not apply to those members who 
Lobbying. 
Budget request. 
Effective date. 
Humanitarian 
assistance. 
Territories. 
Reports. 
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125 STAT. 808 
PUBLIC LAW 112–74—DEC. 23, 2011 
have reenlisted with this option prior to October 1, 1987: Provided 
further, That this section applies only to active components of 
the Army. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act for the 
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for 
the purpose of implementing a Mentor-Protege Program develop-
mental 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 aggre-
gate 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 Depart-
ment of Defense requirements on a timely basis, the Secretary 
of the service responsible for the procurement may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations that such an acquisition must be 
made in order to acquire capability for national security purposes. 
SEC. 8017. None of the funds available to the Department 
of Defense may be used to demilitarize or dispose of M–1 Carbines, 
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, 
or M–1911 pistols, or to demilitarize or destroy small arms ammuni-
tion 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 Sec-
retary of the Army or designee as unserviceable or unsafe for 
further use. 
SEC. 8018. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single fiscal 
year for any single relocation of an organization, unit, activity 
or function of the Department of Defense into or within the National 
Capital Region: Provided, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relocation 
is required in the best interest of the Government. 
SEC. 8019. In addition to the funds provided elsewhere in 
this Act, $15,000,000 is appropriated only for incentive payments 
authorized by section 504 of the Indian Financing Act of 1974 
Contracts. 
Waiver authority. 
Certification. 
Arms and 
munitions. 
Certification. 
Waiver authority. 
Certification. 
Anchor and 
mooring chain. 
Applicability. 
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125 STAT. 809 
PUBLIC LAW 112–74—DEC. 23, 2011 
(25 U.S.C. 1544): Provided, That a prime contractor or a subcon-
tractor at any tier that makes a subcontract award to any subcon-
tractor or supplier as defined in section 1544 of title 25, United 
States Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 25, 
United States Code, shall be considered a contractor for the pur-
poses 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 acquisi-
tion 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 Procure-
ment, Air Force’’; and 
(3) $917,000 shall be available from ‘‘Other Procurement, 
Air Force’’ for vehicle procurement. 
(b) The Secretary of the Air Force should waive reimbursement 
for any funds used by the Civil Air Patrol for counter-drug activities 
in support of Federal, State, and local government agencies. 
SEC. 8023. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense (depart-
ment) 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 mem-
bership corporation consisting of a consortium of other FFRDCs 
and other nonprofit entities. 
(b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or any 
similar entity of a defense FFRDC, and no paid consultant to 
any defense FFRDC, except when acting in a technical advisory 
capacity, may be compensated for his or her services as a member 
Kuwait. 
Applicability. 
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125 STAT. 810 
PUBLIC LAW 112–74—DEC. 23, 2011 
of such entity, or as a paid consultant by more than one FFRDC 
in a fiscal year: Provided, That a member of any such entity 
referred to previously in this subsection shall be allowed travel 
expenses and per diem as authorized under the Federal Joint Travel 
Regulations, when engaged in the performance of membership 
duties. 
(c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 2012 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
payment of cost sharing for projects funded by Government grants, 
for absorption of contract overruns, or for certain charitable con-
tributions, 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: Pro-
vided 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 Representa-
tives and the Senate that adequate domestic supplies are not avail-
able to meet Department of Defense requirements on a timely 
basis and that such an acquisition must be made in order to 
acquire capability for national security purposes: Provided further, 
That these restrictions shall not apply to contracts which are in 
being as of the date of the enactment of this Act. 
SEC. 8025. For the purposes of this Act, the term ‘‘congressional 
defense committees’’ means the Armed Services Committee of the 
House of Representatives, the Armed Services Committee of the 
Senate, the Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the 
Committee on Appropriations of the House of Representatives. 
SEC. 8026. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
Definition. 
Waiver authority. 
Certification. 
Applicability. 
Contracts. 
Reports. 
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125 STAT. 811 
PUBLIC LAW 112–74—DEC. 23, 2011 
repair of aircraft, vehicles and vessels as well as the production 
of components and other Defense-related articles, through competi-
tion 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 para-
graph (2) has violated the terms of the agreement by discriminating 
against certain types of products produced in the United States 
that are covered by the agreement, the Secretary of Defense shall 
rescind the Secretary’s blanket waiver of the Buy American Act 
with respect to such types of products produced in that foreign 
country. 
(2) An agreement referred to in paragraph (1) is any reciprocal 
defense procurement memorandum of understanding, between the 
United States and a foreign country pursuant to which the Secretary 
of Defense has prospectively waived the Buy American Act for 
certain products in that country. 
(b) The Secretary of Defense shall submit to the Congress 
a report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2012. Such report shall separately 
indicate the dollar value of items for which the Buy American 
Act was waived pursuant to any agreement described in subsection 
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), 
or any international agreement to which the United States is a 
party. 
(c) For purposes of this section, the term ‘‘Buy American Act’’ 
means chapter 83 of title 41, United States Code. 
SEC. 8028. During the current fiscal year, amounts contained 
in the Department of Defense Overseas Military Facility Investment 
Recovery Account established by section 2921(c)(1) of the National 
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 
2687 note) shall be available until expended for the payments 
specified by section 2921(c)(2) of that Act. 
SEC. 8029. (a) Notwithstanding any other provision of law, 
the Secretary of the Air Force may convey at no cost to the Air 
Force, without consideration, to Indian tribes located in the States 
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
Minnesota, and Washington relocatable military housing units 
located at Grand Forks Air Force Base, Malmstrom Air Force Base, 
Mountain Home Air Force Base, Ellsworth Air Force Base, and 
Minot Air Force Base that are excess to the needs of the Air 
Force. 
(b) The Secretary of the Air Force shall convey, at no cost 
to the Air Force, military housing units under subsection (a) in 
accordance with the request for such units that are submitted 
to the Secretary by the Operation Walking Shield Program on 
behalf of Indian tribes located in the States of Nevada, Idaho, 
North Dakota, South Dakota, Montana, Oregon, Minnesota, and 
Washington. Any such conveyance shall be subject to the condition 
Housing. 
Native 
Americans. 
State listing. 
Definition. 
Reports. 
Memorandum. 
Determination. 
Contracts. 
Rescission. 
41 USC 8304 
note. 
Certification. 
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125 STAT. 812 
PUBLIC LAW 112–74—DEC. 23, 2011 
that the housing units shall be removed within a reasonable period 
of time, as determined by the Secretary. 
(c) The Operation Walking Shield Program shall resolve any 
conflicts among requests of Indian tribes for housing units under 
subsection (a) before submitting requests to the Secretary of the 
Air Force under subsection (b). 
(d) In this section, the term ‘‘Indian tribe’’ means any recognized 
Indian tribe included on the current list published by the Secretary 
of the Interior under section 104 of the Federally Recognized Indian 
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 
479a–1). 
SEC. 8030. During the current fiscal year, appropriations which 
are available to the Department of Defense for operation and 
maintenance may be used to purchase items having an investment 
item unit cost of not more than $250,000. 
SEC. 8031. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for 
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense 
Working Capital Funds if such an item would not have been charge-
able 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 documenta-
tion 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 budg-
eted 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 appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2013: Provided, That funds appropriated, 
transferred, or otherwise credited to the Central Intelligence Agency 
Central Services Working Capital Fund during this or any prior 
or subsequent fiscal year shall remain available until expended: 
Provided further, That any funds appropriated or transferred to 
the Central Intelligence Agency for advanced research and develop-
ment acquisition, for agent operations, and for covert action pro-
grams 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 Gen-
eral Defense Intelligence Program intelligence communications and 
intelligence information systems for the Services, the Unified and 
Specified Commands, and the component commands. 
50 USC 403 note. 
Budget request. 
Definition. 
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125 STAT. 813 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 8034. Of the funds appropriated to the Department of 
Defense under the heading ‘‘Operation and Maintenance, Defense- 
Wide’’, not less than $12,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative support, 
the gathering of information, documenting of environmental dam-
age, 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 con-
tracting 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 Con-
gress that any entity of the Department of Defense, in expending 
the appropriation, purchase only American-made equipment and 
products, provided that American-made equipment and products 
are cost-competitive, quality competitive, and available in a timely 
fashion. 
SEC. 8036. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited 
proposal unless the head of the activity responsible for the procure-
ment 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 limita-
tion shall not apply to contracts in an amount of less than 
$25,000, contracts related to improvements of equipment that 
is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been 
confirmed by the Senate, determines that the award of such 
contract is in the interest of the national defense. 
SEC. 8037. (a) Except as provided in subsections (b) and (c), 
none of the funds made available by this Act may be used— 
(1) to establish a field operating agency; or 
(2) to pay the basic pay of a member of the Armed Forces 
or civilian employee of the department who is transferred or 
reassigned from a headquarters activity if the member or 
employee’s place of duty remains at the location of that head-
quarters. 
Determination. 
Contracts. 
Determination. 
Determination. 
Labeling. 
Fraud. 
Debarment. 
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125 STAT. 814 
PUBLIC LAW 112–74—DEC. 23, 2011 
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by- 
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate 
that the granting of the waiver will reduce the personnel require-
ments 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 per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or 
(B) $10,000,000; and 
(3) the contractor does not receive an advantage for a 
proposal that would reduce costs for the Department of Defense 
by— 
(A) not making an employer-sponsored health insur-
ance 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 con-
tribute less towards the premium or subscription share 
than the amount that is paid by the Department of Defense 
for health benefits for civilian employees under chapter 
89 of title 5, United States Code. 
(b)(1) The Department of Defense, without regard to subsection 
(a) of this section or subsection (a), (b), or (c) of section 2461 
Contracts. 
Grants. 
Waiver authority. 
Determination. 
Certification. 
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125 STAT. 815 
PUBLIC LAW 112–74—DEC. 23, 2011 
of title 10, United States Code, and notwithstanding any adminis-
trative 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 (sec-
tion 8503 of title 41, United States Code); 
(B) is planned to be converted to performance by a 
qualified nonprofit agency for the blind or by a qualified 
nonprofit agency for other severely handicapped individuals 
in accordance with that Act; or 
(C) is planned to be converted to performance by a 
qualified firm under at least 51 percent ownership by an 
Indian tribe, as defined in section 4(e) of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b(e)), or a Native Hawaiian Organization, as defined 
in section 8(a)(15) of the Small Business Act (15 U.S.C. 
637(a)(15)). 
(2) This section shall not apply to depot contracts or con-
tracts 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 activi-
ties. 
(RESCISSIONS) 
SEC. 8040. Of the funds appropriated in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded from 
the following accounts and programs in the specified amounts: 
‘‘National Defense Sealift Fund, 2002/XXXX’’, $20,444,000; 
‘‘National Defense Sealift Fund, 2003/XXXX’’, $8,500,000; 
‘‘National Defense Sealift Fund, 2004/XXXX’’, $6,500,000; 
‘‘Aircraft Procurement, Army, 2010/2012’’, $5,100,000; 
‘‘Procurement of Weapons and Tracked Combat Vehicles, 
Army, 2010/2012’’, $4,353,000; 
‘‘Procurement 
of 
Ammunition, 
Army, 
2010/2012’’, 
$21,674,000; 
‘‘Other Procurement, Army, 2010/2012’’, $58,647,000; 
‘‘Aircraft Procurement, Navy, 2010/2012’’, $90,000,000; 
‘‘Aircraft Procurement, Air Force, 2010/2012’’, $32,897,000; 
‘‘Missile Procurement, Air Force, 2010/2012’’, $3,889,000; 
‘‘Other Procurement, Air Force, 2010/2012’’, $12,200,000; 
‘‘Procurement, Defense-Wide, 2010/2012’’, $716,000; 
‘‘Aircraft Procurement, Army, 2011/2013’’, $21,500,000; 
‘‘Missile Procurement, Army, 2011/2013’’, $99,800,000; 
‘‘Procurement of Weapons and Tracked Combat Vehicles, 
Army, 2011/2013’’, $18,834,000; 
‘‘Procurement 
of 
Ammunition, 
Army, 
2011/2013’’, 
$15,000,000; 
‘‘Other Procurement, Army, 2011/2013’’, $438,436,000; 
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125 STAT. 816 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘Aircraft Procurement, Navy, 2011/2013’’, $78,000,000; 
‘‘Weapons Procurement, Navy, 2011/2013’’, $34,276,000; 
‘‘Procurement of Ammunition, Navy and Marine Corps, 
2011/2013’’, $28,262,000; 
‘‘Other Procurement, Navy, 2011/2013’’, $59,598,000; 
Under the heading, ‘‘Shipbuilding and Conversion, Navy, 
2011/2015’’: Littoral Combat Ship Advance Procurement: 
$110,351,000; 
‘‘Aircraft 
Procurement, 
Air 
Force, 
2011/2013’’, 
$220,213,000; 
‘‘Missile Procurement, Air Force, 2011/2013’’, $193,900,000; 
‘‘Other Procurement, Air Force, 2011/2013’’, $52,868,000; 
‘‘Procurement, Defense-Wide, 2011/2013’’, $4,312,000; 
‘‘Research, Development, Test and Evaluation, Army, 2011/ 
2012’’, $356,625,000; 
‘‘Research, Development, Test and Evaluation, Navy, 2011/ 
2012’’, $65,687,000; 
‘‘Research, Development, Test and Evaluation, Air Force, 
2011/2012’’, $258,094,000; 
‘‘Research, Development, Test and Evaluation, Defense- 
Wide, 2011/2012’’, $254,284,000; 
‘‘Defense Health Program, 2011/2012’’, $257,000: 
Provided, That the funds rescinded from the National 
Defense Sealift accounts are those described under the heading 
‘‘National Defense Sealift Fund’’ in Public Law 107–117, Public 
Law 107–248, and Public Law 108–87, or for the purposes 
described in section 115 of division H of Public Law 108– 
199, as amended by section 1017 of division A of Public Law 
109–13. 
SEC. 8041. None of the funds available in this Act may be 
used to reduce the authorized positions for military technicians 
(dual status) of the Army National Guard, Air National Guard, 
Army Reserve and Air Force Reserve for the purpose of applying 
any administratively imposed civilian personnel ceiling, freeze, or 
reduction on military technicians (dual status), unless such reduc-
tions are a direct result of a reduction in military force structure. 
SEC. 8042. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance 
to the Democratic People’s Republic of Korea unless specifically 
appropriated for that purpose. 
SEC. 8043. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands 
and Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred 
against appropriations for the National Guard and Reserve when 
members of the National Guard and Reserve provide intelligence 
or counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the activities 
and programs included within the National Intelligence Program 
and the Military Intelligence Program: Provided, That nothing in 
this section authorizes deviation from established Reserve and 
National Guard personnel and training procedures. 
SEC. 8044. During the current fiscal year, none of the funds 
appropriated in this Act may be used to reduce the civilian medical 
and medical support personnel assigned to military treatment facili-
ties below the September 30, 2003, level: Provided, That the Service 
Surgeons General may waive this section by certifying to the 
Waiver authority. 
Certification. 
North Korea. 
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125 STAT. 817 
PUBLIC LAW 112–74—DEC. 23, 2011 
congressional defense committees that the beneficiary population 
is declining in some catchment areas and civilian strength reduc-
tions 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 appropria-
tions 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: Pro-
vided, 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 Appropria-
tions 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 pur-
poses: Provided further, That this restriction shall not apply to 
the purchase of ‘‘commercial items’’, as defined by section 4(12) 
of the Office of Federal Procurement Policy Act, except that the 
restriction shall apply to ball or roller bearings purchased as end 
items. 
SEC. 8047. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security purposes 
that is not available from United States manufacturers. 
SEC. 8048. None of the funds made available in this or any 
other Act may be used to pay the salary of any officer or employee 
of the Department of Defense who approves or implements the 
transfer of administrative responsibilities or budgetary resources 
of any program, project, or activity financed by this Act to the 
jurisdiction of another Federal agency not financed by this Act 
without the express authorization of Congress: Provided, That this 
limitation shall not apply to transfers of funds expressly provided 
for in Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense. 
SEC. 8049. (a) Notwithstanding any other provision of law, 
none of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to 
another nation or an international organization any defense articles 
or services (other than intelligence services) for use in the activities 
described in subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the Senate are 
notified 15 days in advance of such transfer. 
(b) This section applies to— 
(1) any international peacekeeping or peace-enforcement 
operation under the authority of chapter VI or chapter VII 
Applicability. 
Notification. 
Deadline. 
Salaries. 
Supercomputer. 
Certification. 
Applicability. 
Waiver authority. 
Certification. 
Ball and roller 
bearings. 
50 USC 403f 
note. 
Drugs and drug 
abuse. 
10 USC 374 note. 
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125 STAT. 818 
PUBLIC LAW 112–74—DEC. 23, 2011 
of the United Nations Charter under the authority of a United 
Nations Security Council resolution; and 
(2) any other international peacekeeping, peace-enforce-
ment, or humanitarian assistance operation. 
(c) A notice under subsection (a) shall include the following: 
(1) A description of the equipment, supplies, or services 
to be transferred. 
(2) A statement of the value of the equipment, supplies, 
or services to be transferred. 
(3) In the case of a proposed transfer of equipment or 
supplies— 
(A) a statement of whether the inventory requirements 
of all elements of the Armed Forces (including the reserve 
components) for the type of equipment or supplies to be 
transferred have been met; and 
(B) a statement of whether the items proposed to be 
transferred will have to be replaced and, if so, how the 
President proposes to provide funds for such replacement. 
SEC. 8050. None of the funds available to the Department 
of Defense under this Act shall be obligated or expended to pay 
a contractor under a contract with the Department of Defense 
for costs of any amount paid by the contractor to an employee 
when— 
(1) such costs are for a bonus or otherwise in excess of 
the normal salary paid by the contractor to the employee; 
and 
(2) such bonus is part of restructuring costs associated 
with a business combination. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8051. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the heading 
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred 
to appropriations available for the pay of military personnel, to 
be merged with, and to be available for the same time period 
as the appropriations to which transferred, to be used in support 
of such personnel in connection with support and services for eligible 
organizations and activities outside the Department of Defense 
pursuant to section 2012 of title 10, United States Code. 
SEC. 8052. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the 
period of availability for obligation has expired or which has closed 
under the provisions of section 1552 of title 31, United States 
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be 
charged to any current appropriation account for the same purpose 
as the expired or closed account if— 
(1) the obligation would have been properly chargeable 
(except as to amount) to the expired or closed account before 
the end of the period of availability or closing of that account; 
(2) the obligation is not otherwise properly chargeable to 
any current appropriation account of the Department of 
Defense; and 
(3) in the case of an expired account, the obligation is 
not chargeable to a current appropriation of the Department 
of Defense under the provisions of section 1405(b)(8) of the 
Contracts. 
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125 STAT. 819 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 appropria-
tion 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 determina-
tion under section 2690 of title 10, United States Code, may imple-
ment cost-effective agreements for required heating facility mod-
ernization 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 installa-
tions: 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 require-
ments: Provided, That this restriction does not apply to end-items 
used in development, prototyping, and test activities preceding and 
leading to acceptance for operational use: Provided further, That 
this restriction does not apply to programs funded within the 
National Intelligence Program: Provided further, That the Secretary 
of Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the 
House of Representatives and the Senate that it is in the national 
security interest to do so. 
SEC. 8056. None of the funds made available in this Act may 
be used to approve or license the sale of the F–22A advanced 
tactical fighter to any foreign government: Provided, That the 
Department of Defense may conduct or participate in studies, 
research, design and other activities to define and develop a future 
export version of the F–22A that protects classified and sensitive 
information, technologies and U.S. warfighting capabilities. 
SEC. 8057. (a) The Secretary of Defense may, on a case-by- 
case basis, waive with respect to a foreign country each limitation 
on the procurement of defense items from foreign sources provided 
Waiver authority. 
Determination. 
Waiver authority. 
Certification. 
Anthracite. 
Germany. 
Reimbursement. 
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125 STAT. 820 
PUBLIC LAW 112–74—DEC. 23, 2011 
in law if the Secretary determines that the application of the 
limitation with respect to that country would invalidate cooperative 
programs entered into between the Department of Defense and 
the foreign country, or would invalidate reciprocal trade agreements 
for the procurement of defense items entered into under section 
2531 of title 10, United States Code, and the country does not 
discriminate against the same or similar defense items produced 
in the United States for that country. 
(b) Subsection (a) applies with respect to— 
(1) contracts and subcontracts entered into on or after 
the date of the enactment of this Act; and 
(2) options for the procurement of items that are exercised 
after such date under contracts that are entered into before 
such date if the option prices are adjusted for any reason 
other than the application of a waiver granted under subsection 
(a). 
(c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 
50–65) of the Harmonized Tariff Schedule and products classified 
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 
7508, 8105, 8108, 8109, 8211, 8215, and 9404. 
SEC. 8058. (a) None of the funds made available by this Act 
may be used to support any training program involving a unit 
of the security forces or police of a foreign country if the Secretary 
of Defense has received credible information from the Department 
of State that the unit has committed a gross violation of human 
rights, unless all necessary corrective steps have been taken. 
(b) The Secretary of Defense, in consultation with the Secretary 
of State, shall ensure that prior to a decision to conduct any training 
program referred to in subsection (a), full consideration is given 
to all credible information available to the Department of State 
relating to human rights violations by foreign security forces. 
(c) The Secretary of Defense, after consultation with the Sec-
retary of State, may waive the prohibition in subsection (a) if 
he determines that such waiver is required by extraordinary cir-
cumstances. 
(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 extraor-
dinary 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 dem-
onstration project may only be obligated 45 days after a report, 
Deadline. 
Reports. 
Deadline. 
Reports. 
Waiver authority. 
Determination. 
Human rights. 
Applicability. 
Contracts. 
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125 STAT. 821 
PUBLIC LAW 112–74—DEC. 23, 2011 
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, Subcommit-
tees on Defense on certain matters as directed in the classified 
annex accompanying this Act. 
SEC. 8062. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide 
support to another department or agency of the United States 
if such department or agency is more than 90 days in arrears 
in making payment to the Department of Defense for goods or 
services previously provided to such department or agency on a 
reimbursable basis: Provided, That this restriction shall not apply 
if the department is authorized by law to provide support to such 
department or agency on a nonreimbursable basis, and is providing 
the requested support pursuant to such authority: Provided further, 
That the Secretary of Defense may waive this restriction on a 
case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate 
that it is in the national security interest to do so. 
SEC. 8063. Notwithstanding section 12310(b) of title 10, United 
States Code, a Reserve who is a member of the National Guard 
serving on full-time National Guard duty under section 502(f) of 
title 32, United States Code, may perform duties in support of 
the ground-based elements of the National Ballistic Missile Defense 
System. 
SEC. 8064. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of ‘‘armor 
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary 
(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to 
an entity performing demilitarization services for the Department 
of Defense under a contract that requires the entity to demonstrate 
to the satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the demili-
tarization process; or (2) used to manufacture ammunition pursuant 
to a contract with the Department of Defense or the manufacture 
of ammunition for export pursuant to a License for Permanent 
Export of Unclassified Military Articles issued by the Department 
of State. 
SEC. 8065. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration that otherwise would 
be required under section 2667 of title 10, United States Code, 
in the case of a lease of personal property for a period not in 
excess of 1 year to any organization specified in section 508(d) 
of title 32, United States Code, or any other youth, social, or 
fraternal nonprofit organization as may be approved by the Chief 
of the National Guard Bureau, or his designee, on a case-by-case 
basis. 
Waiver authority. 
Time period. 
Arms and 
munitions. 
Waiver authority. 
Certification. 
Classified 
information. 
Deadlines. 
Reports. 
Effective date. 
Waiver authority. 
Certification. 
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125 STAT. 822 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 8066. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such alcoholic 
beverages sold by the drink) on a military installation located 
in the United States unless such malt beverages and wine are 
procured within that State, or in the case of the District of 
Columbia, within the District of Columbia, in which the military 
installation is located: Provided, That in a case in which the military 
installation is located in more than one State, purchases may be 
made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt bev-
erages 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 notwith-
standing 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 deter-
mines 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 Appro-
priations Act, 1997 (titles I through VIII of the matter under 
subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10 
U.S.C. 113 note) shall continue in effect to apply to disbursements 
that are made by the Department of Defense in fiscal year 2012. 
SEC. 8069. In addition to amounts provided elsewhere in this 
Act, $4,000,000 is hereby appropriated to the Department of 
Defense, to remain available for obligation until expended: Provided, 
That notwithstanding any other provision of law, that upon the 
determination of the Secretary of Defense that it shall serve the 
national interest, these funds shall be available only for a grant 
to the Fisher House Foundation, Inc., only for the construction 
and furnishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness or hos-
pitalization of an eligible military beneficiary. 
SEC. 8070. (a) IN GENERAL.—Subchapter I of chapter 88 of 
title 10, United States Code, is amended by adding the following 
new section at its end— 
Grants. 
Fisher House 
Foundation, Inc. 
Applicability. 
Contracts. 
Real property. 
Applicability. 
Alcohol and 
alcoholic 
beverages. 
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125 STAT. 823 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘§ 1790. 
MILITARY 
PERSONNEL 
CITIZENSHIP 
PROC-
ESSING 
‘‘AUTHORIZATION OF PAYMENTS.—Using funds provided for oper-
ation 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 begin-
ning of subchapter I of chapter 88 of title 10, United States Code, 
is amended by inserting after the item relating to section 1789 
the following new item: 
‘‘1790. Military personnel citizenship processing.’’. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8071. Of the amounts appropriated in this Act under 
the heading ‘‘Research, Development, Test and Evaluation, Defense- 
Wide’’, $235,700,000 shall be for the Israeli Cooperative Programs: 
Provided, That of this amount, $110,525,000 shall be for the Short 
Range Ballistic Missile Defense (SRBMD) program, including cruise 
missile defense research and development under the SRBMD pro-
gram, 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, regula-
tions, and procedures, $66,220,000 shall be available for an upper- 
tier component to the Israeli Missile Defense Architecture, and 
$58,955,000 shall be for the Arrow System Improvement Program 
including development of a long range, ground and airborne, detec-
tion suite: Provided further, That funds made available under this 
provision for production of missiles and missile components may 
be transferred to appropriations available for the procurement of 
weapons and equipment, to be merged with and to be available 
for the same time period and the same purposes as the appropria-
tion 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 rela-
tionships to give Fleet Forces Command operational and administra-
tive control of U.S. Navy forces assigned to the Pacific fleet. 
(b) None of the funds available to the Department of Defense 
may be obligated to modify command and control relationships 
to give United States Transportation Command operational and 
administrative control of C–130 and KC–135 forces assigned to 
the Pacific and European Air Force Commands. 
(c) The command and control relationships in subsections (a) 
and (b) which existed on March 13, 2011, shall remain in force 
unless changes are specifically authorized in a subsequent Act. 
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125 STAT. 824 
PUBLIC LAW 112–74—DEC. 23, 2011 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8073. Of the amounts appropriated in this Act under 
the heading ‘‘Shipbuilding and Conversion, Navy’’, $73,992,000 shall 
be available until September 30, 2012, to fund prior year ship-
building 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 trans-
ferred to Program Element 0605807F: Provided, That no funds 
may be transferred until 30 days after the Secretary of the Air 
Force provides to the congressional defense committees a report 
including the details of any such transfer: Provided further, That 
the transfer authority provided under this provision is in addition 
to any other transfer authority contained in this Act. 
SEC. 8075. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes 
of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2012 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2012. 
SEC. 8076. None of the funds provided in this Act shall be 
available for obligation or expenditure through a reprogramming 
of funds that creates or initiates a new program, project, or activity 
unless such program, project, or activity must be undertaken imme-
diately 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 docu-
ments for costs of United States Armed Forces’ participation in 
contingency operations for the Military Personnel accounts, the 
10 USC 221 note. 
Notification. 
Deadlines. 
Reports. 
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125 STAT. 825 
PUBLIC LAW 112–74—DEC. 23, 2011 
Operation and Maintenance accounts, and the Procurement 
accounts: Provided, That these documents shall include a descrip-
tion 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 Depart-
ment of Defense Financial Management Regulation) for all contin-
gency operations for the budget year and the two preceding fiscal 
years. 
SEC. 8078. None of the funds in this Act may be used for 
research, development, test, evaluation, procurement or deployment 
of nuclear armed interceptors of a missile defense system. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8079. In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act, $44,000,000 is hereby appro-
priated 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 Recon-
naissance mission below the levels funded in this Act: Provided, 
That the Air Force shall allow the 53rd Weather Reconnaissance 
Squadron to perform other missions in support of national defense 
requirements during the non-hurricane season. 
SEC. 8081. None of the funds provided in this Act shall be 
available for integration of foreign intelligence information unless 
the information has been lawfully collected and processed during 
the conduct of authorized foreign intelligence activities: Provided, 
That information pertaining to United States persons shall only 
be handled in accordance with protections provided in the Fourth 
Amendment of the United States Constitution as implemented 
through Executive Order No. 12333. 
SEC. 8082. (a) At the time members of reserve components 
of the Armed Forces are called or ordered to active duty under 
section 12302(a) of title 10, United States Code, each member 
shall be notified in writing of the expected period during which 
the member will be mobilized. 
(b) The Secretary of Defense may waive the requirements of 
subsection (a) in any case in which the Secretary determines that 
it is necessary to do so to respond to a national security emergency 
or to meet dire operational requirements of the Armed Forces. 
Waiver authority. 
Determination. 
Notification. 
Deployment. 
Foreign 
intelligence. 
53rd Weather 
Reconnaissance 
Squadron. 
Determination. 
Grants. 
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125 STAT. 826 
PUBLIC LAW 112–74—DEC. 23, 2011 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8083. The Secretary of Defense may transfer funds from 
any available Department of the Navy appropriation to any avail-
able Navy ship construction appropriation for the purpose of liqui-
dating necessary changes resulting from inflation, market fluctua-
tions, or rate adjustments for any ship construction program appro-
priated 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 Secu-
rity Cooperation activities such as humanitarian assistance, and 
payment of incremental and personnel costs of training and exer-
cising with foreign security forces: Provided, That funds made avail-
able for this purpose may be used, notwithstanding any other 
funding authorities for humanitarian assistance, security assistance 
or combined exercise expenses: Provided further, That funds may 
not be obligated to provide assistance to any foreign country that 
is otherwise prohibited from receiving such type of assistance under 
any other provision of law. 
SEC. 8087. None of the funds appropriated by this Act for 
programs of the Office of the Director of National Intelligence 
shall remain available for obligation beyond the current fiscal year, 
except for funds appropriated for research and technology, which 
shall remain available until September 30, 2013. 
SEC. 8088. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act 
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be 
considered to be for the same purpose as any subdivision under 
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations 
Applicability. 
Tactical 
unmanned aerial 
vehicles. 
Deadline. 
Reports. 
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125 STAT. 827 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Mainte-
nance, 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 Justifica-
tion. 
(2) For research, development, test and evaluation projects 
requesting more than $5,000,000 in any fiscal year, the R– 
1, Research, Development, Test and Evaluation Program; R– 
2, Research, Development, Test and Evaluation Budget Item 
Justification; R–3, Research, Development, Test and Evaluation 
Project Cost Analysis; and R–4, Research, Development, Test 
and Evaluation Program Schedule Profile. 
SEC. 8091. The amounts appropriated in title II of this Act 
are hereby reduced by $515,000,000 to reflect excess cash balances 
in Department of Defense Working Capital Funds, as follows: From 
‘‘Operation and Maintenance, Army’’, $515,000,000. 
SEC. 8092. (a) Not later than 60 days after enactment of this 
Act, the Office of the Director of National Intelligence shall submit 
a report to the congressional intelligence committees to establish 
the baseline for application of reprogramming and transfer authori-
ties 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 appro-
priate, 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 intel-
ligence committees that such reprogramming or transfer is nec-
essary as an emergency requirement. 
Certification. 
Deadline. 
Reports. 
50 USC 415a–2 
note. 
Deadline. 
Notification. 
Execution plan. 
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125 STAT. 828 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 8093. (a) None of the funds provided for the National 
Intelligence Program in this or any prior appropriations Act shall 
be available for obligation or expenditure through a reprogramming 
or transfer of funds in accordance with section 102A(d) of the 
National Security Act of 1947 (50 U.S.C. 403–1(d)) that— 
(1) creates a new start effort; 
(2) terminates a program with appropriated funding of 
$10,000,000 or more; 
(3) transfers funding into or out of the National Intelligence 
Program; or 
(4) transfers funding between appropriations, 
unless the congressional intelligence committees are notified 30 
days in advance of such reprogramming of funds; this notification 
period may be reduced for urgent national security requirements. 
(b) None of the funds provided for the National Intelligence 
Program in this or any prior appropriations Act shall be available 
for obligation or expenditure through a reprogramming or transfer 
of funds in accordance with section 102A(d) of the National Security 
Act of 1947 (50 U.S.C. 403–1(d)) that results in a cumulative 
increase or decrease of the levels specified in the classified annex 
unless the congressional intelligence committees are notified 30 
days in advance of such reprogramming of funds; this notification 
period may be reduced for urgent national security requirements. 
SEC. 8094. The Director of National Intelligence shall submit 
to Congress each year, at or about the time that the President’s 
budget is submitted to Congress that year under section 1105(a) 
of title 31, United States Code, a future-years intelligence program 
(including associated annexes) reflecting the estimated expenditures 
and proposed appropriations included in that budget. Any such 
future-years intelligence program shall cover the fiscal year with 
respect to which the budget is submitted and at least the four 
succeeding fiscal years. 
SEC. 8095. For the purposes of this Act, the term ‘‘congressional 
intelligence committees’’ means the Permanent Select Committee 
on Intelligence of the House of Representatives, the Select Com-
mittee 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 Appropria-
tions of the Senate. 
SEC. 8096. The Department of Defense shall continue to report 
incremental contingency operations costs for Operation New Dawn 
and Operation Enduring Freedom on a monthly basis in the Cost 
of War Execution Report as prescribed in the Department of Defense 
Financial Management Regulation Department of Defense Instruc-
tion 7000.14, Volume 12, Chapter 23 ‘‘Contingency Operations’’, 
Annex 1, dated September 2005. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8097. During the current fiscal year, not to exceed 
$11,000,000 from each of the appropriations made in title II of 
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and 
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’ 
may be transferred by the military department concerned to its 
central fund established for Fisher Houses and Suites pursuant 
to section 2493(d) of title 10, United States Code. 
Reports. 
Deadlines. 
Definition. 
Submission. 
50 USC 415a–9 
note. 
Notification. 
Deadlines. 
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125 STAT. 829 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 depart-
ments 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 remit-
tances 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 con-
tract for an amount in excess of $1,000,000, unless the contractor 
agrees not to— 
(1) enter into any agreement with any of its employees 
or independent contractors that requires, as a condition of 
employment, that the employee or independent contractor agree 
to resolve through arbitration any claim under title VII of 
the Civil Rights Act of 1964 or any tort related to or arising 
out of sexual assault or harassment, including assault and 
battery, intentional infliction of emotional distress, false impris-
onment, 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, inten-
tional 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 inde-
pendent contractor performing work related to such subcontract. 
For purposes of this subsection, a ‘‘covered subcontractor’’ is an 
Certification. 
Contracts. 
Time period. 
Web posting. 
Reports. 
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125 STAT. 830 
PUBLIC LAW 112–74—DEC. 23, 2011 
entity that has a subcontract in excess of $1,000,000 on a contract 
subject to subsection (a). 
(c) The prohibitions in this section do not apply with respect 
to a contractor’s or subcontractor’s agreements with employees or 
independent contractors that may not be enforced in a court of 
the United States. 
(d) The Secretary of Defense may waive the application of 
subsection (a) or (b) to a particular contractor or subcontractor 
for the purposes of a particular contract or subcontract if the 
Secretary or the Deputy Secretary personally determines that the 
waiver is necessary to avoid harm to national security interests 
of the United States, and that the term of the contract or sub-
contract 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 deter-
mination 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 appro-
priated 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 Trans-
formation Office may prescribe. 
(2) During the fiscal year 2012 no funds may be obligated 
or expended for a financial management automated information 
system, a mixed information system supporting financial and non- 
financial systems, or a business system improvement of more than 
$3,000,000, within the Intelligence Community without the approval 
of the Business Transformation Investment Review Board. 
(b) This section shall not apply to any programmatic or analytic 
systems or programmatic or analytic system improvements. 
SEC. 8103. None of the funds made available under this Act 
may be distributed to the Association of Community Organizations 
for Reform Now (ACORN) or its subsidiaries. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 8104. From within the funds appropriated for operation 
and maintenance for the Defense Health Program in this Act, 
up to $135,631,000, shall be available for transfer to the Joint 
Department of Defense-Department of Veterans Affairs Medical 
Facility Demonstration Fund in accordance with the provisions 
of section 1704 of the National Defense Authorization Act for Fiscal 
Year 2010, Public Law 111–84: Provided, That for purposes of 
section 1704(b), the facility operations funded are operations of 
the integrated Captain James A. Lovell Federal Health Care Center, 
consisting of the North Chicago Veterans Affairs Medical Center, 
the Navy Ambulatory Care Center, and supporting facilities des-
ignated as a combined Federal medical facility as described by 
ACORN. 
Notice. 
Public 
information. 
Deadline. 
Waiver authority. 
Determination. 
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125 STAT. 831 
PUBLIC LAW 112–74—DEC. 23, 2011 
section 706 of Public Law 110–417: Provided further, That addi-
tional funds may be transferred from funds appropriated for oper-
ation and maintenance for the Defense Health Program to the 
Joint Department of Defense-Department of Veterans Affairs Med-
ical 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 speci-
fied 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 posi-
tions. 
SEC. 8107. None of the funds appropriated or otherwise made 
available by this Act may be obligated or expended to pay a retired 
general or flag officer to serve as a senior mentor advising the 
Department of Defense unless such retired officer files a Standard 
Form 278 (or successor form concerning public financial disclosure 
under part 2634 of title 5, Code of Federal Regulations) to the 
Office of Government Ethics. 
SEC. 8108. Appropriations available to the Department of 
Defense may be used for the purchase of heavy and light armored 
vehicles for the physical security of personnel or for force protection 
purposes up to a limit of $250,000 per vehicle, notwithstanding 
price or other limitations applicable to the purchase of passenger 
carrying vehicles. 
SEC. 8109. The Inspector General of the Department of Defense 
shall conduct a review of Anti-deficiency Act violations and their 
causes in the Department of Defense Military Personnel accounts. 
Based on the findings of the review, the Inspector General shall 
submit to the congressional defense committees a report containing 
the results of the review and recommendations for corrective actions 
to be implemented. 
SEC. 8110. Of the amounts appropriated for ‘‘Operation and 
Maintenance, Defense-Wide’’, $33,000,000 shall be available to the 
Secretary of Defense, notwithstanding any other provision of law, 
acting through the Office of Economic Adjustment of the Depart-
ment of Defense, to make grants, conclude cooperative agreements, 
and supplement other Federal funds, to remain available until 
expended, to assist the civilian population of Guam in response 
to the military buildup of Guam, to include addressing the need 
for vehicles and supplies for civilian student transportation, 
preservation and repository of artifacts unearthed during military 
construction, and construction of a mental health and substance 
abuse facility: Provided, That the Secretary of Defense shall, not 
fewer than 15 days prior to obligating funds for this purpose, 
notify the congressional defense committees in writing of the details 
of any such obligation. 
SEC. 8111. None of the funds made available by this Act may 
be used by the Secretary of Defense to take beneficial occupancy 
Deadline. 
Notification. 
Grants. 
Contracts. 
Guam. 
Review. 
Reports. 
Recommenda- 
tions. 
Deadline. 
Strategic plan. 
Notification. 
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125 STAT. 832 
PUBLIC LAW 112–74—DEC. 23, 2011 
of more than 2,000 parking spaces (other than handicap-reserved 
spaces) to be provided by the BRAC 133 project: Provided, That 
this limitation may be waived in part if: (1) the Secretary of Defense 
certifies to Congress that levels of service at existing intersections 
in the vicinity of the project have not experienced failing levels 
of service as defined by the Transportation Research Board Highway 
Capacity Manual over a consecutive 90-day period; (2) the Depart-
ment 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 loca-
tion, or to any location other than the Air Force Material Command 
site where they are currently located until 30 days after the Sec-
retary of the Air Force submits the initial report under subsection 
(b). 
(b) The Secretary of the Air Force shall submit to the congres-
sional defense committees a report which includes the following: 
a listing of all Air Force Material Command functions to be trans-
ferred 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 identifica-
tion of the locations these positions will be transferred from and 
to; and the cost benefit analysis and the life-cycle cost analysis 
underpinning the Secretary of the Air Force’s decision to relocate 
Air Force Material Command functions and personnel. 
SEC. 8113. Not later than 120 days after the date of the enact-
ment 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 congres-
sional defense committees within 15 days after the end of each 
fiscal quarter. 
SEC. 8114. In addition to amounts provided elsewhere in this 
Act, $10,000,000 is hereby appropriated, for an additional amount 
for ‘‘Research, Development, Test and Evaluation, Army’’, to remain 
available until September 30, 2013. Such funds may be available 
for the Secretary of the Army to conduct research on alternative 
energy resources for deployed forces. 
SEC. 8115. The Secretary of Defense shall study and report 
to the Congressional Defense Committees the feasibility of using 
commercially available telecommunications expense management 
solutions across the Department of Defense by March 1, 2012. 
SEC. 8116. None of the funds appropriated in this or any 
other Act may be used to plan, prepare for, or otherwise take 
any action to undertake or implement the separation of the National 
Study. 
Reports. 
Deadline. 
Deadlines. 
Reports. 
Reports. 
Deadline. 
Recommenda- 
tions. 
Certification. 
Deadline. 
Waiver authority. 
Certification. 
Notification. 
Deadline. 
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125 STAT. 833 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 intel-
ligence 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 defi-
ciencies as determined by the Secretary of Defense. 
SEC. 8119. None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, 
or assist in the transfer or release to or within the United States, 
its territories, or possessions Khalid Sheikh Mohammed or any 
other detainee who— 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, at the United 
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 8120. (a)(1) Except as provided in paragraph (2) and 
subsection (d), none of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer any 
individual detained at Guantanamo to the custody or control of 
the individual’s country of origin, any other foreign country, or 
any other foreign entity unless the Secretary of Defense submits 
to Congress the certification described in subsection (b) not later 
than 30 days before the transfer of the individual. 
(2) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guantanamo to 
effectuate— 
Cuba. 
Certification. 
Deadline. 
Khalid Sheikh 
Mohammed. 
Detainees. 
Cuba. 
Determination. 
Grants. 
Contracts. 
Reprogramming 
request. 
Deadline. 
Determination. 
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125 STAT. 834 
PUBLIC LAW 112–74—DEC. 23, 2011 
(A) an order affecting the disposition of the individual 
that is issued by a court or competent tribunal of the United 
States having lawful jurisdiction (which the Secretary shall 
notify Congress of promptly after issuance); or 
(B) a pre-trial agreement entered in a military commission 
case prior to the date of the enactment of this Act. 
(b) A certification described in this subsection is a written 
certification made by the Secretary of Defense, with the concurrence 
of the Secretary of State and in consultation with the Director 
of National Intelligence, that— 
(1) the government of the foreign country or the recognized 
leadership of the foreign entity to which the individual detained 
at Guantanamo is to be transferred— 
(A) is not a designated state sponsor of terrorism or 
a designated foreign terrorist organization; 
(B) maintains control over each detention facility in 
which the individual is to be detained if the individual 
is to be housed in a detention facility; 
(C) is not, as of the date of the certification, facing 
a threat that is likely to substantially affect its ability 
to exercise control over the individual; 
(D) has taken or agreed to take effective actions to 
ensure that the individual cannot take action to threaten 
the United States, its citizens, or its allies in the future; 
(E) has taken or agreed to take such actions as the 
Secretary of Defense determines are necessary to ensure 
that the individual cannot engage or reengage in any ter-
rorist activity; and 
(F) has agreed to share with the United States any 
information that— 
(i) is related to the individual or any associates 
of the individual; and 
(ii) could affect the security of the United States, 
its citizens, or its allies; and 
(2) includes an assessment, in classified or unclassified 
form, of the capacity, willingness, and past practices (if 
applicable) of the foreign country or entity in relation to the 
Secretary’s certifications. 
(c)(1) Except as provided in paragraph (2) and subsection (d), 
none of the funds appropriated or otherwise made available in 
this or any other Act may be used to transfer any individual 
detained at Guantanamo to the custody or control of the individual’s 
country of origin, any other foreign country, or any other foreign 
entity if there is a confirmed case of any individual who was 
detained at United States Naval Station, Guantanamo Bay, Cuba, 
at any time after September 11, 2001, who was transferred to 
such foreign country or entity and subsequently engaged in any 
terrorist activity. 
(2) Paragraph (1) shall not apply to any action taken by the 
Secretary to transfer any individual detained at Guantanamo to 
effectuate— 
(A) an order affecting the disposition of the individual 
that is issued by a court or competent tribunal of the United 
States having lawful jurisdiction (which the Secretary shall 
notify Congress of promptly after issuance); or 
(B) a pre-trial agreement entered in a military commission 
case prior to the date of the enactment of this Act. 
Notification. 
Cuba. 
Notification. 
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125 STAT. 835 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 under-
lying 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 ter-
rorist 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 para-
graph (1), the Secretary shall submit to the appropriate committees 
of Congress, not later than 30 days before the transfer of the 
individual concerned, the following: 
(A) A copy of the determination and the waiver concerned. 
(B) A statement of the basis for the determination, 
including— 
(i) an explanation why the transfer is in the national 
security interests of the United States; and 
(ii) in the case of a waiver of subparagraph (D) or 
(E) of subsection (b)(1), an explanation why it is not possible 
to certify that the risks addressed in the subparagraph 
to be waived have been completely eliminated. 
(C) A summary of the alternative actions to be taken to 
address the underlying purpose of, and to mitigate the risks 
addressed in, the subparagraph or subsection to be waived. 
(D) The assessment required by subsection (b)(2). 
(e) In this section: 
(1) The term ‘‘appropriate committees of Congress’’ means— 
(A) the Committee on Armed Services, the Committee 
on Appropriations, and the Select Committee on Intel-
ligence 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, Guanta-
namo Bay, Cuba, as of October 1, 2009, who— 
(A) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
(B) is— 
(i) in the custody or under the control of the 
Department of Defense; or 
Definitions. 
Deadline. 
Submissions. 
Waiver authority. 
Certification. 
Determination. 
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125 STAT. 836 
PUBLIC LAW 112–74—DEC. 23, 2011 
(ii) otherwise under detention at United States 
Naval Station, Guantanamo Bay, Cuba. 
(3) The term ‘‘foreign terrorist organization’’ means any 
organization so designated by the Secretary of State under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 
1189). 
SEC. 8121. (a) None of the funds appropriated or otherwise 
made available in this or any other Act may be used to construct, 
acquire, or modify any facility in the United States, its territories, 
or possessions to house any individual described in subsection (c) 
for the purposes of detention or imprisonment in the custody or 
under the effective control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guanta-
namo 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 competi-
tively 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 reconstruc-
tion developments in those two countries; and relevant policy rec-
ommendations relating thereto. 
SEC. 8123. Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the approximately 
$100,000,000,000 in efficiency savings identified by the military 
departments in the defense budget covering fiscal years 2012 
through 2016 that are to be reinvested in the priorities of the 
military departments. Such report shall include an analysis of— 
(1) each savings identified by the military departments, 
including— 
(A) the budget account from which such savings will 
be derived; 
(B) the number of military personnel and full-time 
civilian employees of the Federal Government affected by 
such savings; 
(C) the estimated reductions in the number and 
funding of contractor personnel caused by such savings; 
and 
(D) a specific description of activities or services that 
will be affected by such savings, including the locations 
of such activities or services; and 
(2) each reinvestment planned to be funded with such 
savings, including— 
Deadline. 
Reports. 
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125 STAT. 837 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 docu-
ments; 
(B) with respect to such reinvestment in military per-
sonnel 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 loca-
tions 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 corpora-
tion and made a determination that this further action is not 
necessary to protect the interests of the Government. 
SEC. 8125. None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that was convicted of 
a felony criminal violation under any Federal law within the pre-
ceding 24 months, where the awarding agency is aware of the 
conviction, unless the agency has considered suspension or debar-
ment 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 avail-
able in this section, the Secretary of Defense may transfer these 
funds only to ‘‘Operation and Maintenance, Defense-Wide’’ or 
‘‘Research, Development, Test and Evaluation, Defense-Wide’’ and 
only for the purposes described in the classified annex accompanying 
this Act: Provided further, That the Secretary shall notify the 
congressional defense committees in writing of the details of any 
such transfer not fewer than 15 days prior to making such transfers: 
Provided further, That funds transferred shall be merged with 
and be available for the same purposes and for the same time 
Notification. 
Deadline. 
Corporations. 
Criminal 
violation. 
Determination. 
Corporations. 
Tax liability. 
Determination. 
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125 STAT. 838 
PUBLIC LAW 112–74—DEC. 23, 2011 
period as the appropriations to which the funds are transferred: 
Provided further, That this transfer authority is in addition to 
any other transfer authority provided in this Act. 
SEC. 8127. None of the funds made available by this Act may 
be used in contravention of section 1590 or 1591 of title 18, United 
States Code, or in contravention of the requirements of section 
106(g) or (h) of the Trafficking Victims Protection Act of 2000 
(22 U.S.C. 7104(g) or (h)). 
SEC. 8128. None of the funds made available by this Act for 
international military education and training, foreign military 
financing, excess defense articles, assistance under section 1206 
of the National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3456), issuance for direct commer-
cial 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 assist-
ance 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 Oper-
ations/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 Oper-
ations/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 para-
graph are designated by the Congress for Overseas Contingency 
Operations/Global 
War 
on 
Terrorism 
pursuant 
to 
section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985. 
Country listing. 
Child soldiers. 
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125 STAT. 839 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Oper-
ations/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 Oper-
ations/Global War on Terrorism pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985. 
RESERVE PERSONNEL, AIR FORCE 
For an additional amount for ‘‘Reserve Personnel, Air Force’’ 
$26,815,000: Provided, That such amounts in this paragraph are 
designated by the Congress for Overseas Contingency Operations/ 
Global War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985. 
NATIONAL GUARD PERSONNEL, ARMY 
For an additional amount for ‘‘National Guard Personnel, 
Army’’, $664,579,000: Provided, That such amounts in this para-
graph 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 Oper-
ations/Global War on Terrorism pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985. 
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125 STAT. 840 
PUBLIC LAW 112–74—DEC. 23, 2011 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Maintenance, 
Army’’, $44,794,156,000: Provided, That such amounts in this para-
graph 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 para-
graph 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 Contin-
gency Operations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force’’, $10,879,347,000: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas Contingency 
Operations/Global 
War 
on 
Terrorism 
pursuant 
to 
section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Maintenance, 
Defense-Wide’’, $9,252,211,000: Provided, That each amount in this 
section is designated by the Congress for Overseas Contingency 
Operations/Global 
War 
on 
Terrorism 
pursuant 
to 
section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985: Provided further, That of the funds provided under 
this heading: Not to exceed $1,690,000,000, to remain available 
until September 30, 2013, for payments to reimburse key cooper-
ating 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 deter-
mine, in his discretion, based on documentation determined by 
Notification. 
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125 STAT. 841 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 inter-
national 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 sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985. 
OPERATION AND MAINTENANCE, AIR FORCE RESERVE 
For an additional amount for ‘‘Operation and Maintenance, 
Air Force Reserve’’, $142,050,000: Provided, That such amounts 
in this paragraph are designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985. 
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 
For an additional amount for ‘‘Operation and Maintenance, 
Army National Guard’’, $377,544,000: Provided, That such amounts 
in this paragraph are designated by the Congress for Overseas 
Deadlines. 
Reports. 
Notification. 
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125 STAT. 842 
PUBLIC LAW 112–74—DEC. 23, 2011 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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 sec-
tion 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 under-
taken 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 mainte-
nance 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 trans-
ferred 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: Pro-
vided further, That the transfer authority in the preceding proviso 
is in addition to any other authority available to the Department 
of Defense to transfer funds: Provided further, That any unexpended 
funds transferred to the Secretary of State under this authority 
shall be returned to the Afghanistan Infrastructure Fund if the 
Secretary of State, in coordination with the Secretary of Defense, 
determines that the project cannot be implemented for any reason, 
or that the project no longer supports the counterinsurgency 
strategy in Afghanistan: Provided further, That any funds returned 
to the Secretary of Defense under the previous proviso shall be 
available for use under this appropriation and shall be treated 
in the same manner as funds not transferred to the Secretary 
of State: Provided further, That contributions of funds for the pur-
poses 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 pur-
poses: Provided further, That the Secretary of Defense shall, not 
fewer than 15 days prior to making transfers to or from, or obliga-
tions from the Fund, notify the appropriate committees of Congress 
Deadline. 
Notification. 
Determination. 
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125 STAT. 843 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 fur-
ther, That such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global War on Ter-
rorism 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, notwith-
standing 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, sup-
plies, services, training, facility and infrastructure repair, renova-
tion, 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 pro-
vided herein from any person, foreign government, or international 
organization may be credited to this Fund and used for such pur-
poses: 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 commit-
tees of any proposed new projects or transfer of funds between 
budget sub-activity groups in excess of $20,000,000: Provided fur-
ther, That such amounts in this paragraph are designated by the 
Congress for Overseas Contingency Operations/Global War on Ter-
rorism pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
PROCUREMENT 
AIRCRAFT PROCUREMENT, ARMY 
For an additional amount for ‘‘Aircraft Procurement, Army’’, 
$1,137,381,000, to remain available until September 30, 2014: Pro-
vided, That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
Deadline. 
Notification. 
Notification. 
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125 STAT. 844 
PUBLIC LAW 112–74—DEC. 23, 2011 
MISSILE PROCUREMENT, ARMY 
For an additional amount for ‘‘Missile Procurement, Army’’, 
$126,556,000, to remain available until September 30, 2014: Pro-
vided, 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: Pro-
vided, 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: Pro-
vided, That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
WEAPONS PROCUREMENT, NAVY 
For an additional amount for ‘‘Weapons Procurement, Navy’’, 
$41,070,000, to remain available until September 30, 2014: Pro-
vided, That such amounts in this paragraph are designated by 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
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125 STAT. 845 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Oper-
ations/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: Pro-
vided, 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: Pro-
vided, 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: Pro-
vided, 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: Pro-
vided, 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 des-
ignated by the Congress for Overseas 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: Pro-
vided, That such amounts in this paragraph are designated by 
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125 STAT. 846 
PUBLIC LAW 112–74—DEC. 23, 2011 
the Congress for Overseas Contingency Operations/Global War on 
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
PROCUREMENT, DEFENSE-WIDE 
For an additional amount for ‘‘Procurement, Defense-Wide’’, 
$405,768,000, to remain available until September 30, 2014: Pro-
vided, 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 avail-
able 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 compo-
nent: 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: Pro-
vided, 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, develop-
ment, 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 appro-
priation, 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 pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
Deadline. 
Notification. 
Deadline. 
Assessment. 
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125 STAT. 847 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Sep-
tember 30, 2013: Provided, That such amounts in this paragraph 
are designated by the Congress for Overseas Contingency Oper-
ations/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 Sep-
tember 30, 2013: Provided, That such amounts in this paragraph 
are designated by the Congress for Overseas Contingency Oper-
ations/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 Oper-
ations/Global War on Terrorism pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985. 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For an additional amount for ‘‘Research, Development, Test 
and Evaluation, Defense-Wide’’, $194,361,000, to remain available 
until September 30, 2013: Provided, That such amounts in this 
paragraph are designated by the Congress for Overseas Contingency 
Operations/Global 
War 
on 
Terrorism 
pursuant 
to 
section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control 
Act of 1985. 
REVOLVING AND MANAGEMENT FUNDS 
DEFENSE WORKING CAPITAL FUNDS 
For an additional amount for ‘‘Defense Working Capital Funds’’, 
$435,013,000: Provided, That such amounts in this paragraph are 
designated by the Congress for Overseas Contingency Operations/ 
Global War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985. 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Program’’, 
$1,228,288,000, which shall be for operation and maintenance, to 
remain available until September 30, 2012: Provided, That such 
amounts in this paragraph are designated by the Congress for 
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125 STAT. 848 
PUBLIC LAW 112–74—DEC. 23, 2011 
Overseas Contingency Operations/Global War on Terrorism pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE 
For an additional amount for ‘‘Drug Interdiction and Counter- 
Drug Activities, Defense’’, $456,458,000, to remain available until 
September 30, 2013: Provided, That such amounts in this paragraph 
are designated by the Congress for Overseas Contingency Oper-
ations/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: Pro-
vided, 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 Con-
gress for Overseas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
OFFICE OF THE INSPECTOR GENERAL 
For an additional amount for the ‘‘Office of the Inspector Gen-
eral’’, $11,055,000: Provided, That such amounts in this paragraph 
are designated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 251(b)(2)(A) 
of the Balanced Budget and Emergency Deficit Control Act of 1985. 
GENERAL PROVISIONS—THIS TITLE 
SEC. 9001. Notwithstanding any other provision of law, funds 
made available in this title are in addition to amounts appropriated 
or otherwise made available for the Department of Defense for 
fiscal year 2012. 
Deadline. 
Notification. 
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125 STAT. 849 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 oper-
ation 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, super-
vision and administration costs include all in-house Government 
costs. 
SEC. 9004. From funds made available in this title, the Sec-
retary of Defense may purchase for use by military and civilian 
employees of the Department of Defense in the U.S. Central Com-
mand 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 appro-
priated in this title under the heading ‘‘Operation and Maintenance, 
Army’’ may be used, notwithstanding any other provision of law, 
to fund the Commander’s Emergency Response Program (CERP), 
for the purpose of enabling military commanders in Afghanistan 
to respond to urgent, small-scale, humanitarian relief and 
reconstruction requirements within their areas of responsibility: 
Provided, That each project (including any ancillary or related 
elements in connection with such project) executed under this 
authority shall not exceed $20,000,000: Provided further, That not 
later than 45 days after the end of each fiscal year quarter, the 
Secretary of Defense shall submit to the congressional defense 
committees a report regarding the source of funds and the allocation 
and use of funds during that quarter that were made available 
pursuant to the authority provided in this section or under any 
other provision of law for the purposes described herein: Provided 
further, That, not later than 30 days after the end of each month, 
the Army shall submit to the congressional defense committees 
monthly commitment, obligation, and expenditure data for the Com-
mander’s Emergency Response Program in Afghanistan: Provided 
further, That not less than 15 days before making funds available 
pursuant to the authority provided in this section or under any 
other provision of law for the purposes described herein for a 
project with a total anticipated cost for completion of $5,000,000 
Notice. 
Data 
submissions. 
Reports. 
Deadlines. 
Notification. 
Determination. 
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125 STAT. 850 
PUBLIC LAW 112–74—DEC. 23, 2011 
or more, the Secretary shall submit to the congressional defense 
committees a written notice containing each of the following: 
(1) The location, nature and purpose of the proposed project, 
including how the project is intended to advance the military 
campaign plan for the country in which it is to be carried 
out. 
(2) The budget, implementation timeline with milestones, 
and completion date for the proposed project, including any 
other CERP funding that has been or is anticipated to be 
contributed to the completion of the project. 
(3) A plan for the sustainment of the proposed project, 
including the agreement with either the host nation, a 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 Restruc-
turing 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 Hurri-
canes in the Gulf of Mexico, and Pandemic Influenza Act, 
2006 (Public Law 109–148). 
SEC. 9009. None of the funds provided for the ‘‘Afghanistan 
Security Forces Fund’’ (ASFF) may be obligated prior to the 
approval of a financial and activity plan by the Afghanistan 
Resources Oversight Council (AROC) of the Department of Defense: 
Provided, That the AROC must approve the requirement and 
acquisition plan for any service requirements in excess of 
Iraq. 
Afghanistan. 
Deadlines. 
Reports. 
Plans. 
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125 STAT. 851 
PUBLIC LAW 112–74—DEC. 23, 2011 
$50,000,000 annually and any non-standard equipment require-
ments 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 reintegra-
tion 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 Afghani-
stan 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 Mainte-
nance, Air Force’’ up to $524,000,000 may be used by the Secretary 
of Defense, notwithstanding any other provision of law, to support 
United States Government transition activities in Iraq by funding 
the operations and activities of the Office of Security Cooperation 
in Iraq and security assistance teams, including life support, 
transportation and personal security, and facilities renovation and 
construction: Provided, That not less than 15 days before making 
funds available pursuant to the authority provided in this section, 
the Secretary shall submit to the congressional defense committees 
a written notice containing a detailed justification and timeline 
for each proposed site. 
Deadline. 
Notice. 
Deadline. 
Notice. 
Determination. 
Certification. 
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125 STAT. 852 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 9014. The amounts appropriated in title IX of this Act 
are hereby reduced by $4,042,500,000 to reflect reduced troop 
strength in theater: Provided, That the reductions shall be applied 
to the military personnel and operation and maintenance appropria-
tions 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 pursu-
ant 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 direc-
tion 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 collec-
tion and study of basic information pertaining to river and harbor, 
flood and storm damage reduction, shore protection, aquatic eco-
system restoration, and related needs; for surveys and detailed 
studies, and plans and specifications of proposed river and harbor, 
flood and storm damage reduction, shore protection, and aquatic 
ecosystem restoration projects and related efforts prior to construc-
tion; for restudy of authorized projects; and for miscellaneous inves-
tigations and, when authorized by law, surveys and detailed studies, 
and plans and specifications of projects prior to construction, 
$125,000,000, to remain available until expended. 
Energy and 
Water 
Development and 
Related Agencies 
Appropriations 
Act, 2012. 
Deadline. 
Notification. 
Applicability. 
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125 STAT. 853 
PUBLIC LAW 112–74—DEC. 23, 2011 
CONSTRUCTION 
For expenses necessary for the construction of river and harbor, 
flood and storm damage reduction, shore protection, aquatic eco-
system 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 specifica-
tions, 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 Dis-
posal Facilities program shall be derived from the Harbor Mainte-
nance 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 nec-
essary to cover the Federal share of eligible operation and mainte-
nance 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 naviga-
tion, $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 Mainte-
nance Trust Fund; of which such sums as become available from 
the special account for the Corps of Engineers established by the 
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l– 
6a(i)) shall be derived from that account for resource protection, 
research, interpretation, and maintenance activities related to 
resource protection in the areas at which outdoor recreation is 
available; and of which such sums as become available from fees 
collected under section 217 of Public Law 104–303 shall be used 
to cover the cost of operation and maintenance of the dredged 
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125 STAT. 854 
PUBLIC LAW 112–74—DEC. 23, 2011 
material disposal facilities for which such fees have been collected: 
Provided, That 1 percent of the total amount of funds provided 
for each of the programs, projects or activities funded under this 
heading shall not be allocated to a field operating activity prior 
to the beginning of the fourth quarter of the fiscal year and shall 
be available for use by the Chief of Engineers to fund such emer-
gency 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 Develop-
ment Center, and the United States Army Corps of Engineers 
Finance Center allocable to the civil works program, $185,000,000, 
to remain available until September 30, 2013, of which not to 
exceed $5,000 may be used for official reception and representation 
purposes and only during the current fiscal year: Provided, That 
no part of any other appropriation provided in title I of this Act 
shall be available to fund the civil works activities of the Office 
of the Chief of Engineers or the civil works executive direction 
and management activities of the division offices: Provided further, 
That any Flood Control and Coastal Emergencies appropriation 
may be used to fund the supervision and general administration 
of emergency operations, repairs, and other activities in response 
to any flood, hurricane, or other natural disaster. 
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125 STAT. 855 
PUBLIC LAW 112–74—DEC. 23, 2011 
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, re-
programming 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, re-
programming 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 condi-
tions, or real estate deficiency judgments: Provided further, 
That up to $300,000 may be reprogrammed into any continuing 
study or activity that did not receive an appropriation for 
existing obligations and concomitant administrative expenses; 
(8) OPERATION AND MAINTENANCE.—Unlimited reprogram-
ming authority is granted in order for the Corps to be able 
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125 STAT. 856 
PUBLIC LAW 112–74—DEC. 23, 2011 
to respond to emergencies: Provided, That the Chief of Engi-
neers must notify the House and Senate Committees on Appro-
priations of these emergency actions as soon thereafter as prac-
ticable: 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 re-
programming 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 re-
programming 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 re-
programming 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 appro-
priate, and the fiscal year enacted level; 
(2) A delineation in the table for each appropriation both 
by object class and program, project and activity as detailed 
in the budget appendix for the respective appropriations; and 
(3) An identification of items of special congressional 
interest. 
SEC. 102. None of the funds made available in this title may 
be used to award or modify any contract that commits funds beyond 
the amounts appropriated for that program, project, or activity 
that remain unobligated, except that such amounts may include 
any funds that have been made available through reprogramming 
pursuant to section 101. 
SEC. 103. None of the funds in this Act, or previous Acts, 
making funds available for Energy and Water Development, shall 
be used to award any continuing contract that commits additional 
funding from the Inland Waterways Trust Fund unless or until 
such time that a long-term mechanism to enhance revenues in 
this Fund sufficient to meet the cost-sharing authorized in the 
Water Resources Development Act of 1986 (Public Law 99–662) 
is enacted. 
SEC. 104. Within 120 days of the date of the Chief of Engineers 
Report on a water resource matter, the Assistant Secretary of 
the Army (Civil Works) shall submit the report to the appropriate 
authorizing and appropriating committees of the Congress. 
SEC. 105. During the fiscal year period covered by this Act, 
the Secretary of the Army is authorized to implement measures 
Time period. 
Determination. 
Deadline. 
Reports. 
Deadline. 
Reports. 
Notification. 
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125 STAT. 857 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 meas-
ures 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 Emer-
gencies’’ 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 Con-
trol 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 associ-
ated 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 com-
pensation as director, officer, or otherwise in the management of 
the organization established to support and maintain the participa-
tion 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 nec-
essary easements located entirely within the Town of Hanover, 
New Hampshire. The real property is generally bounded to the 
east by state route 10-Lyme Road, to the north by the vacant 
property of the Trustees of the Dartmouth College, to the south 
by Fletcher Circle graduate student housing owned by the Trustees 
of Dartmouth College, and to the west by approximately 9 acres 
of real property acquired in fee through condemnation in 1981 
by the Secretary of the Army. 
(b) REVOLVING FUND.—The Secretary is authorized to use the 
Revolving Fund (33 U.S.C. 576) through the Plant Replacement 
and Improvement Program to acquire the real property and associ-
ated real property interests in subsection (a). The Secretary shall 
ensure that the Revolving Fund is appropriately reimbursed from 
the benefitting appropriations. 
Real property. 
New Hampshire. 
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125 STAT. 858 
PUBLIC LAW 112–74—DEC. 23, 2011 
(c) RIGHT OF FIRST REFUSAL.—The Secretary may provide the 
Seller of any real property and associated property interests identi-
fied 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 author-
ized 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 head-
quarters. 
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 common-
wealths, territories, and possessions of the United States, and 
Federally recognized Indian tribes’’ before the period. 
(b) The Secretary shall notify the appropriate committees of 
Congress prior to initiation of negotiations for accepting contributed 
funds under 33 U.S.C. 701h. 
SEC. 112. With respect to the property covered by the deed 
described in Auditor’s instrument No. 2006–014428 of Benton 
County, Washington, approximately 1.5 acres, the following deed 
restrictions are hereby extinguished and of no further force and 
effect: 
(1) The reversionary interest and use restrictions related 
to port and industrial purposes; 
(2) The right for the District Engineer to review all pre- 
construction plans and/or specifications pertaining to construc-
tion and/or maintenance of any structure intended for human 
habitation, if the elevation of the property is above the standard 
project flood elevation; and 
(3) The right of the District Engineer to object to, and 
thereby prevent, in his/her discretion, such activity. 
Real property. 
Washington. 
Notification. 
Negotiations. 
Definition. 
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125 STAT. 859 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 coordi-
nates 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 Infra-
structure 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 infrastruc-
ture 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 bene-
fitting 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 Depart-
ment of the Army as alternative dredged material disposal sites 
under section 103(b) of the Marine Protection, Research, and Sanc-
tuaries Act of 1972, as amended, shall remain open for 5 years 
after enactment of this Act to allow for completion of a Supple-
mental Environmental Impact Statement to support final designa-
tion 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 anchor-
age, an 18-foot anchorage, a 21-foot channel, and 18-foot channels 
described by the following shall no longer be authorized after the 
date of enactment of this Act: the 21-Foot Entrance Channel, begin-
ning at a point (1) with coordinates 374986.03, 150611.01; thence 
running south 46 degrees 54 minutes 30.7 seconds east 900.01 
feet to a point (2) with coordinates 375643.27, 149996.16; thence 
running south 8 degrees 4 minutes 58.3 east 2,376.87 feet to a 
point (3) with coordinates 375977.47, 147643.00; thence running 
south 4 degrees 28 minutes 20.4 seconds west 738.56 feet to a 
point (4) with coordinates 375919.88, 146906.60; thence running 
south 6 degrees 2 minutes 42.4 seconds east 1,144.00 feet to a 
Rhode Island. 
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125 STAT. 860 
PUBLIC LAW 112–74—DEC. 23, 2011 
point (5) with coordinates 376040.35, 145768.96; thence running 
south 34 degrees 5 minutes 51.7 seconds west 707.11 feet to a 
point (6) with coordinates 375643.94, 145183.41; thence running 
south 73 degrees 11 minutes 42.9 seconds west 1,300.00 feet to 
the end point (7) with coordinates 374399.46, 144807.57; Returning 
at a point with coordinates (8) with coordinates 374500.64, 
144472.51; thence running north 73 degrees 11 minutes 42.9 sec-
onds 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 sec-
onds 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 sec-
onds east 404.86 feet to a point (23) with coordinates 376684.14, 
147467.05; thence running north 78 degrees 56 minutes 15.6 sec-
onds 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 sec-
onds west 2,314.09 feet to a point (27) with coordinates 376403.52, 
144295.24 thence running south 60 degrees 5 minutes 58.2 seconds 
west 255.02 feet to an end point (28) with coordinates 376182.45, 
144168.12; and the 13-Foot Anchorage beginning at a point (29) 
with coordinates 376363.39, 143666.99; thence running north 63 
degrees 34 minutes 19.3 seconds east 1,962.37 feet to a point 
(30) with coordinates 378120.68, 144540.38; thence running north 
3 degrees 50 minutes 3.1 seconds west 1,407.47 feet to an end 
point (26) with coordinates 378026.56, 145944.71; and the 18-Foot 
East Channel beginning at a point (23) with coordinates 376684.14, 
147467.05; thence running north 2 degrees 10 minutes 43.3 seconds 
west 262.95 feet to a point (31) with coordinates 376674.14, 
147729.81; thence running north 9 degrees 42 minutes 20.3 seconds 
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125 STAT. 861 
PUBLIC LAW 112–74—DEC. 23, 2011 
west 301.35 feet to a point (32) with coordinates 376623.34, 
148026.85; thence running south 80 degrees 17 minutes 42.4 sec-
onds 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 run-
ning north 26 degrees 29 minutes 48.1 seconds east 778.89 feet 
to a point (3) with coordinates N145818.71, E375960.04; thence 
running north 0 degrees 3 minutes 38.1 seconds west 1,200.24 
feet to a point (4) with coordinates N147018.94, E375958.77; thence 
running north 2 degrees 22 minutes 45.2 seconds east 854.35 feet 
to a point (5) with coordinates N147872.56, E375994.23; thence 
running north 7 degrees 47 minutes 21.9 seconds west 753.83 
feet to a point (6) with coordinates N148619.44, E375892.06; thence 
running north 88 degrees 46 minutes 16.7 seconds east 281.85 
feet to a point (7) with coordinates N148625.48, E376173.85; thence 
running south 7 degrees 47 minutes 21.9 seconds east 716.4 feet 
to a point (8) with coordinates N147915.69, E376270.94; thence 
running north 80 degrees 17 minutes 42.3 seconds east 315.3 feet 
to a point (9) with coordinates N147968.85, E.76581.73; thence 
running south 9 degrees 42 minutes 20.3 seconds east 248.07 feet 
to a point (10) with coordinates N147724.33, E376623.55; thence 
running south 2 degrees 10 minutes 43.3 seconds east 318.09 feet 
to a point (11) with coordinates N147406.47, E376635.64; thence 
running north 78 degrees 56 minutes 15.6 seconds east 571.11 
feet to a point (12) with coordinates N147516.06, E377196.15; thence 
running south 88 degrees 57 minutes 2.3 seconds east 755.09 feet 
to a point (13) with coordinates N147502.23, E377951.11; thence 
running south 1 degree 2 minutes 57.7 seconds west 100.00 feet 
to a point (14) with coordinates N147402.25, E377949.28; thence 
running north 88 degrees 57 minutes 2.3 seconds west 744.48 
feet to a point (15) with coordinates N147415.88, E377204.92; thence 
running south 78 degrees 56 minutes 15.6 seconds west 931.17 
feet to a point (16) with coordinates N147237.21, E376291.06; thence 
running south 39 degrees 26 minutes 18.7 seconds west 208.34 
feet to a point (17) with coordinates N147076.31, E376158.71; thence 
running south 0 degrees 3 minutes 38.1 seconds east 1,528.26 
feet to a point (18) with coordinates N145548.05, E376160.32; thence 
running south 26 degrees 29 minutes 48.1 seconds west 686.83 
feet to a point (19) with coordinates N144933.37, E375853.90; thence 
running south 73 degrees 11 minutes 42.9 seconds west 1,429.51 
feet to end at a point (20) with coordinates N144520.08, E374485.44. 
SEC. 118. None of the funds made available to the Corps of 
Engineers by this Act may be used for the removal or associated 
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125 STAT. 862 
PUBLIC LAW 112–74—DEC. 23, 2011 
mitigation of Federal Energy Regulatory Commission Project 
number 2342. 
SEC. 119. None of the funds made available by this Act may 
be used for the study of the Missouri River Projects authorized 
in section 108 of the Energy and Water Development and Related 
Agencies Appropriations Act, 2009 (division C of Public Law 111– 
8). 
SEC. 120. None of the funds made available in this Act may 
be used to continue the study conducted by the Army Corps of 
Engineers pursuant to section 5018(a)(1) of the Water Resources 
Development Act of 2007. 
TITLE II 
DEPARTMENT OF THE INTERIOR 
CENTRAL UTAH PROJECT 
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 
For carrying out activities authorized by the Central Utah 
Project Completion Act, $27,154,000, to remain available until 
expended, of which $2,000,000 shall be deposited into the Utah 
Reclamation Mitigation and Conservation Account for use by the 
Utah Reclamation Mitigation and Conservation Commission. In 
addition, for necessary expenses incurred in carrying out related 
responsibilities of the Secretary of the Interior, $1,550,000. For 
fiscal year 2012, the Commission may use an amount not to exceed 
$1,500,000 for administrative expenses. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFERS OF FUNDS) 
For management, development, and restoration of water and 
related natural resources and for related activities, including the 
operation, maintenance, and rehabilitation of reclamation and other 
facilities, participation in fulfilling related Federal responsibilities 
to Native Americans, and related grants to, and cooperative and 
other agreements with, State and local governments, federally rec-
ognized 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 Develop-
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 
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125 STAT. 863 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 restora-
tion, improvement, and acquisition provisions of the Central Valley 
Project Improvement Act, $53,068,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration 
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public 
Law 102–575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the 
full amount of the additional mitigation and restoration payments 
authorized by section 3407(d) of Public Law 102–575: Provided 
further, That none of the funds made available under this heading 
may be used for the acquisition or leasing of water for in-stream 
purposes if the water is already committed to in-stream purposes 
by a court adopted decree or order. 
CALIFORNIA BAY-DELTA RESTORATION 
(INCLUDING TRANSFERS OF FUNDS) 
For carrying out activities authorized by the Water Supply, 
Reliability, and Environmental Improvement Act, consistent with 
plans to be approved by the Secretary of the Interior, $39,651,000, 
to remain available until expended, of which such amounts as 
may be necessary to carry out such activities may be transferred 
to appropriate accounts of other participating Federal agencies to 
carry out authorized purposes: Provided, That funds appropriated 
herein may be used for the Federal share of the costs of CALFED 
Program management: Provided further, That the use of any funds 
provided to the California Bay-Delta Authority for program-wide 
management and oversight activities shall be subject to the approval 
of the Secretary of the Interior: Provided further, That CALFED 
implementation shall be carried out in a balanced manner with 
clear performance measures demonstrating concurrent progress in 
achieving the goals and objectives of the Program. 
POLICY AND ADMINISTRATION 
For necessary expenses of policy, administration, and related 
functions in the Office of the Commissioner, the Denver office, 
and offices in the five regions of the Bureau of Reclamation, to 
remain available until September 30, 2013, $60,000,000, to be 
derived from the Reclamation Fund and be nonreimbursable as 
provided in 43 U.S.C. 377: Provided, That no part of any other 
appropriation in this Act shall be available for activities or functions 
budgeted as policy and administration expenses. 
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125 STAT. 864 
PUBLIC LAW 112–74—DEC. 23, 2011 
ADMINISTRATIVE PROVISION 
Appropriations for the Bureau of Reclamation shall be available 
for purchase of not to exceed five passenger motor vehicles, which 
are for replacement only. 
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR 
SEC. 201. (a) None of the funds provided in title II of this 
Act for Water and Related Resources, or provided by previous 
appropriations Acts to the agencies or entities funded in title II 
of this Act for Water and Related Resources that remain available 
for obligation or expenditure in fiscal year 2012, shall be available 
for obligation or expenditure through a reprogramming of funds 
that— 
(1) initiates or creates a new program, project, or activity; 
(2) eliminates a program, project, or activity; 
(3) increases funds for any program, project, or activity 
for which funds have been denied or restricted by this Act, 
unless prior approval is received from the Committees on 
Appropriations of the House of Representatives and the Senate; 
(4) restarts or resumes any program, project or activity 
for which funds are not provided in this Act, unless prior 
approval is received from the Committees on Appropriations 
of the House of Representatives and the Senate; 
(5) transfers funds in excess of the following limits, unless 
prior approval is received from the Committees on Appropria-
tions 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 pro-
gram, 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 con-
tractor earnings due to accelerated rates of operations, and 
real estate deficiency judgments, unless prior approval is 
received from the Committees on Appropriations of the House 
of Representatives and the Senate. 
(b) Subsection (a)(5) shall not apply to any transfer of funds 
within the Facilities Operation, Maintenance, and Rehabilitation 
category. 
(c) For purposes of this section, the term ‘‘transfer’’ means 
any movement of funds into or out of a program, project, or activity. 
(d) The Bureau of Reclamation shall submit reports on a quar-
terly basis to the Committees on Appropriations of the House of 
Representatives 
and 
the 
Senate 
detailing 
all 
the 
funds 
reprogrammed between programs, projects, activities, or categories 
of funding. The first quarterly report shall be submitted not later 
than 60 days after the date of enactment of this Act. 
Reports. 
Deadlines. 
Definition. 
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125 STAT. 865 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Adminis-
trator 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 pro-
viding 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 stake-
holders to complete and issue the Bay Delta Conservation Plan 
Final Environmental Impact Statement no later than February 
15, 2013. Nothing herein modifies existing requirements of Federal 
law. 
SEC. 206. The Secretary of the Interior may participate in 
non-Federal groundwater banking programs to increase the oper-
ational flexibility, reliability, and efficient use of water in the State 
of California, and this participation may include making payment 
for the storage of Central Valley Project water supplies, the pur-
chase 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: Pro-
vided, That the Secretary of the Interior shall participate in ground-
water banking programs only to the extent allowed under State 
law and consistent with water rights applicable to the Central 
Valley Project: Provided further, That any water user to which 
banked water is delivered shall pay for such water in the same 
Deadline. 
16 USC 450hh. 
California. 
Plan. 
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125 STAT. 866 
PUBLIC LAW 112–74—DEC. 23, 2011 
manner provided by that water user’s then-current Central Valley 
Project water service, repayment, or water rights settlement con-
tract 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 Reclama-
tion 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 Commis-
sioner of the Bureau of Reclamation shall initiate and complete, 
on the most expedited basis practicable, programmatic environ-
mental 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, ground-
water aquifers, refuges, and communities; and provides rec-
ommendations 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 associ-
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’’. 
Deadlines. 
Reports. 
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125 STAT. 867 
PUBLIC LAW 112–74—DEC. 23, 2011 
(b) WALKER BASIN RESTORATION PROGRAM.—Section 208(b) of 
the Energy and Water Development and Related Agencies Appro-
priations 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 estab-
lished 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 Resolu-
tion 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 reli-
ability activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expansion, 
$139,500,000, to remain available until expended: Provided, That 
$27,010,000 shall be available until September 30, 2013 for program 
direction. 
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125 STAT. 868 
PUBLIC LAW 112–74—DEC. 23, 2011 
NUCLEAR ENERGY 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
other expenses necessary for nuclear energy activities in carrying 
out the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not more than 
10 buses, all for replacement only, $768,663,000, to remain available 
until expended: Provided, That $91,000,000 shall be available until 
September 30, 2013 for program direction. 
FOSSIL ENERGY RESEARCH AND DEVELOPMENT 
(INCLUDING RESCISSION OF FUNDS) 
For necessary expenses in carrying out fossil energy research 
and development activities, under the authority of the Department 
of Energy Organization Act (Public Law 95–91), including the 
acquisition of interest, including defeasible and equitable interests 
in any real property or any facility or for plant or facility acquisition 
or expansion, and for conducting inquiries, technological investiga-
tions and research concerning the extraction, processing, use, and 
disposal of mineral substances without objectionable social and 
environmental costs (30 U.S.C. 3, 1602, and 1603), $534,000,000, 
to remain available until expended: Provided, That $120,000,000 
shall be available until September 30, 2013 for program direction: 
Provided further, That for all programs funded under Fossil Energy 
appropriations in this Act or any other Act, the Secretary may 
vest fee title or other property interests acquired under projects 
in any entity, including the United States: Provided further, That 
of prior-year balances, $187,000,000 are hereby rescinded: Provided 
further, That no rescission made by the previous proviso shall 
apply to any amount previously appropriated in Public Law 111– 
5 or designated by the Congress as an emergency requirement 
pursuant to a concurrent resolution on the budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
NAVAL PETROLEUM AND OIL SHALE RESERVES 
For expenses necessary to carry out naval petroleum and oil 
shale reserve activities, $14,909,000, to remain available until 
expended: Provided, That, notwithstanding any other provision of 
law, unobligated funds remaining from prior years shall be available 
for all naval petroleum and oil shale reserve activities. 
STRATEGIC PETROLEUM RESERVE 
For necessary expenses for Strategic Petroleum Reserve facility 
development and operations and program management activities 
pursuant to the Energy Policy and Conservation Act of 1975, as 
amended (42 U.S.C. 6201 et seq.), $192,704,000, to remain available 
until expended. 
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125 STAT. 869 
PUBLIC LAW 112–74—DEC. 23, 2011 
SPR PETROLEUM ACCOUNT 
(INCLUDING RESCISSION OF FUNDS) 
Of the amounts deposited in the SPR Petroleum Account estab-
lished 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 perma-
nently 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 pur-
chase 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 notwith-
standing 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 avail-
able 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 Decon-
tamination and Decommissioning Fund, to remain available until 
expended. 
SCIENCE 
For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and 
42 USC 6250f. 
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125 STAT. 870 
PUBLIC LAW 112–74—DEC. 23, 2011 
other expenses necessary for science activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 
7101 et seq.), including the acquisition or condemnation of any 
real property or facility or for plant or facility acquisition, construc-
tion, 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: Pro-
vided, 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 bor-
rowers 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 appro-
priated, 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 collec-
tions 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 Tech-
nology Vehicles Manufacturing Loan Program, $6,000,000, to 
remain available until expended. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of Energy nec-
essary 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.): Pro-
vided, That such increases in cost of work are offset by revenue 
increases of the same or greater amount, to remain available until 
expended: Provided further, That moneys received by the Depart-
ment for miscellaneous revenues estimated to total $111,623,000 
in fiscal year 2012 may be retained and used for operating expenses 
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125 STAT. 871 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 miscella-
neous 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 non-
proliferation activities, in carrying out the purposes of the Depart-
ment of Energy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expansion, and 
the purchase of not to exceed one passenger motor vehicle for 
replacement only, $2,324,303,000, to remain available until 
expended: Provided, That of the unobligated balances available 
under this heading, $21,000,000 are hereby rescinded: Provided 
further, That no amounts may be rescinded from amounts that 
were designated by the Congress as an emergency requirement 
pursuant to the Concurrent Resolution on the Budget or the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
Reports. 
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125 STAT. 872 
PUBLIC LAW 112–74—DEC. 23, 2011 
NAVAL REACTORS 
For Department of Energy expenses necessary for naval reac-
tors 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 Sep-
tember 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, construc-
tion, 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 pro-
gram direction. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93–454, are approved for the 
Kootenai River Native Fish Conservation Aquaculture Program, 
Lolo Creek Permanent Weir Facility, and Improving Anadromous 
Fish production on the Warm Springs Reservation, and, in addition, 
for official reception and representation expenses in an amount 
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125 STAT. 873 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Administra-
tion 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 expendi-
tures: 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 sec-
tion 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 avail-
able until expended, for the sole purpose of funding the annual 
expenses of the Southwestern Power Administration: Provided fur-
ther, That the sum herein appropriated for annual expenses shall 
be reduced as collections are received during the fiscal year so 
as to result in a final fiscal year 2012 appropriation estimated 
at not more than $11,892,000: Provided further, That, notwith-
standing 31 U.S.C. 3302, up to $40,000,000 collected by the South-
western Power Administration pursuant to the Flood Control Act 
of 1944 to recover purchase power and wheeling expenses shall 
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125 STAT. 874 
PUBLIC LAW 112–74—DEC. 23, 2011 
be credited to this account as offsetting collections, to remain avail-
able 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 collec-
tions, to remain available until expended, for the sole purpose 
of funding the annual expenses of the Western Area Power Adminis-
tration: Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during 
the fiscal year so as to result in a final fiscal year 2012 appropriation 
estimated at not more than $95,968,000, of which $88,924,000 is 
derived from the Reclamation Fund: Provided further, That of the 
amount herein appropriated, not more than $3,375,000 is for deposit 
into the Utah Reclamation Mitigation and Conservation Account 
pursuant to title IV of the Reclamation Projects Authorization and 
Adjustment Act of 1992: Provided further, That notwithstanding 
31 U.S.C. 3302, up to $306,541,000 collected by the Western Area 
Power Administration pursuant to the Flood Control Act of 1944 
and the Reclamation Project Act of 1939 to recover purchase power 
and wheeling expenses shall be credited to this account as offsetting 
collections, to remain available until expended for the sole purpose 
of making purchase power and wheeling expenditures: Provided 
further, That for purposes of this appropriation, annual expenses 
means expenditures that are generally recovered in the same year 
that they are incurred (excluding purchase power and wheeling 
expenses). 
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND 
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $4,169,000, 
to remain available until expended, and to be derived from the 
Falcon and Amistad Operating and Maintenance Fund of the 
Western Area Power Administration, as provided in section 2 of 
the Act of June 18, 1954 (68 Stat. 255) as amended: Provided, 
That notwithstanding the provisions of that Act and of 31 U.S.C. 
3302, up to $3,949,000 collected by the Western Area Power 
Administration from the sale of power and related services from 
the Falcon and Amistad Dams shall be credited to this account 
as discretionary offsetting collections, to remain available until 
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125 STAT. 875 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 appro-
priation, 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 avail-
able 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 avail-
able in this title under the heading ‘‘Department of Energy—Energy 
Programs’’, enter into a multi-year contract, award a multi-year 
grant, or enter into a multi-year cooperative agreement unless 
the contract, grant, or cooperative agreement includes a clause 
conditioning the Federal Government’s obligation on the availability 
of future-year budget authority and the Secretary notifies the 
Committees on Appropriations of the House of Representatives and 
the Senate at least 14 days in advance. 
(c) Except as provided in this section, the amounts made avail-
able by this title shall be expended as authorized by law for the 
projects and activities specified in the ‘‘Conference’’ column in the 
‘‘Department of Energy’’ table included under the heading ‘‘Title 
III—Department of Energy’’ in the joint explanatory statement 
accompanying this Act. 
Contracts. 
Grants. 
Notification. 
Deadline. 
42 USC 7171 
note. 
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125 STAT. 876 
PUBLIC LAW 112–74—DEC. 23, 2011 
(d) The amounts made available by this title may be 
reprogrammed for any program, project, or activity, and the Depart-
ment 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 pro-
gram, 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 prac-
ticable, 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 pro-
gram reflecting the estimated expenditures and proposed appropria-
tions included in that budget. Any such future-years energy program 
shall cover the fiscal year with respect to which the budget is 
submitted and at least the four succeeding fiscal years. A future- 
years energy program shall be included in the fiscal year 2014 
budget submission to Congress and every fiscal year thereafter. 
(b) ELEMENTS.—Each future-years energy program shall con-
tain the following: 
(1) The estimated expenditures and proposed appropria-
tions necessary to support programs, projects, and activities 
of the Secretary of Energy during the 5-fiscal year period cov-
ered by the program, expressed in a level of detail comparable 
42 USC 7279a. 
Notification. 
Deadline. 
Waiver authority. 
Notification. 
Deadline. 
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125 STAT. 877 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 appropria-
tions 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 Depart-
ment of Energy’s (DOE) senior leadership to ensure that the 
future-years energy program is consistent and congruent with 
previously established program and budgetary guidance. 
(3) A description of the anticipated workload requirements 
for each DOE national laboratory during the 5-fiscal year 
period. 
(c) CONSISTENCY IN BUDGETING.— 
(1) The Secretary of Energy shall ensure that amounts 
described in subparagraph (A) of paragraph (2) for any fiscal 
year are consistent with amounts described in subparagraph 
(B) of paragraph (2) for that fiscal year. 
(2) Amounts referred to in paragraph (1) are the following: 
(A) The amounts specified in program and budget 
information submitted to Congress by the Secretary of 
Energy in support of expenditure estimates and proposed 
appropriations in the budget submitted to Congress by 
the President under section 1105(a) of title 31, United 
States Code, for any fiscal year, as shown in the future- 
years energy program submitted pursuant to subsection 
(a). 
(B) The total amounts of estimated expenditures and 
proposed appropriations necessary to support the programs, 
projects, and activities of the administration included 
pursuant to paragraph (5) of section 1105(a) of such title 
in the budget submitted to Congress under that section 
for any fiscal year. 
SEC. 305. Section 1702 of the Energy Policy Act of 2005 (42 
U.S.C. 16512) is amended— 
(1) by striking subsection (b) and inserting the following: 
‘‘(b) SPECIFIC APPROPRIATION OR CONTRIBUTION.— 
‘‘(1) IN GENERAL.—No guarantee shall be made unless— 
‘‘(A) an appropriation for the cost of the guarantee 
has been made; 
‘‘(B) the Secretary has received from the borrower a 
payment in full for the cost of the guarantee and deposited 
the payment into the Treasury; or 
‘‘(C) a combination of one or more appropriations under 
subparagraph (A) and one or more payments from the 
borrower under subparagraph (B) has been made that is 
sufficient to cover the cost of the guarantee.’’. 
SEC. 306. Plant or construction projects for which amounts 
are made available under this and subsequent appropriation Acts 
with a current estimated cost of less than $10,000,000 are consid-
ered for purposes of section 4703 of Public Law 107–314 as a 
plant project for which the approved total estimated cost does 
not exceed the minor construction threshold and for purposes of 
section 4704 of Public Law 107–314 as a construction project with 
a current estimated cost of less than a minor construction threshold. 
SEC. 307. In section 839b(h)(10)(B) of title 16, United States 
Code, strike ‘‘$1,000,000’’ and insert ‘‘$2,500,000’’. 
50 USC 2743a. 
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125 STAT. 878 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 308. None of the funds made available in this title shall 
be used for the construction of facilities classified as high-hazard 
nuclear facilities under 10 CFR Part 830 unless independent over-
sight is conducted by the Office of Health, Safety, and Security 
to ensure the project is in compliance with nuclear safety require-
ments. 
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 depart-
mental guidance, for construction projects where the total project 
cost exceeds $100,000,000, until a separate independent cost esti-
mate 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 substan-
tial 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: Pro-
vided 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 determina-
tion. 
(b) Not less than 30 days prior to the transfer, sale, barter, 
distribution, or other provision of uranium in any form for the 
purpose of accelerating cleanup at a Federal site, the Secretary 
shall notify the House and Senate Committees on Appropriations 
of the following: 
(1) the amount of uranium to be transferred, sold, bartered, 
distributed, or otherwise provided; 
Deadline. 
Notification. 
Determination. 
Uranium. 
Determination. 
Notification. 
Deadline. 
Grants. 
Contracts. 
Notification. 
Deadline. 
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125 STAT. 879 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 regula-
tions)) 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 Appro-
priations of the House of Representatives and the Senate that 
the award will not reduce the reliability or accessibility of the 
Strategic Petroleum Reserve, raise costs of oil in the local market, 
or negatively impact the supply of oil to current users. 
(c) Funds collected under subsection (a) shall be deposited 
in the general fund of the Treasury. 
SEC. 315. None of the funds made available in this Act may 
be used— 
(1) to implement or enforce section 430.32(x) of title 10, 
Code of Federal Regulations; or 
(2) to implement or enforce the standards established by 
the tables contained in section 325(i)(1)(B) of the Energy Policy 
and Conservation Act (42 U.S.C. 6295(i)(1)(B)) with respect 
to BPAR incandescent reflector lamps, BR incandescent 
reflector lamps, and ER incandescent reflector lamps. 
SEC. 316. Recipients of grants awarded by the Department 
in excess of $1,000,000 shall certify that they will, by the end 
of the fiscal year, upgrade the efficiency of their facilities by 
replacing any lighting that does not meet or exceed the energy 
efficiency standard for incandescent light bulbs set forth in section 
325 of the Energy Policy and Conservation Act (42 U.S.C. 6295). 
Grants. 
Certification. 
Deadline. 
Certification. 
Deadline. 
Reports. 
Deadline. 
Inventory plan. 
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125 STAT. 880 
PUBLIC LAW 112–74—DEC. 23, 2011 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs authorized 
by the Appalachian Regional Development Act of 1965, as amended, 
for necessary expenses for the Federal Co-Chairman and the Alter-
nate 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: Pro-
vided, That within 90 days of enactment of this Act, the Defense 
Nuclear Facilities Safety Board shall enter into an agreement for 
inspector general services with the Office of Inspector General 
for the Nuclear Regulatory Commission for fiscal years 2012 and 
2013: Provided further, That at the expiration of such agreement, 
the Defense Nuclear Facilities Safety Board shall procure inspector 
general services annually thereafter. 
DELTA REGIONAL AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses of the Delta Regional Authority and 
to carry out its activities, as authorized by the Delta Regional 
Authority Act of 2000, as amended, notwithstanding sections 
382C(b)(2), 382F(d), 382M, and 382N of said Act, $11,677,000, to 
remain available until expended. 
DENALI COMMISSION 
For expenses of the Denali Commission including the purchase, 
construction, and acquisition of plant and capital equipment as 
necessary and other expenses, $10,679,000, to remain available 
until expended, notwithstanding the limitations contained in section 
306(g) of the Denali Commission Act of 1998: Provided, That funds 
shall be available for construction projects in an amount not to 
exceed 80 percent of total project cost for distressed communities, 
as defined by section 307 of the Denali Commission Act of 1998 
(division C, title III, Public Law 105–277), as amended by section 
701 of appendix D, title VII, Public Law 106–113 (113 Stat. 1501A– 
280), and an amount not to exceed 50 percent for non-distressed 
communities. 
Contracts. 
Deadline. 
Contracts. 
42 USC 2286j. 
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125 STAT. 881 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 avail-
able 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: Pro-
vided, That revenues from licensing fees, inspection services, and 
other services and collections estimated at $9,774,000 in fiscal 
year 2012 shall be retained and be available until expended, for 
necessary salaries and expenses in this account, notwithstanding 
section 3302 of title 31, United States Code: Provided further, 
That the sum herein appropriated shall be reduced by the amount 
of revenues received during fiscal year 2012 so as to result in 
a final fiscal year 2012 appropriation estimated at not more than 
$1,086,000. 
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125 STAT. 882 
PUBLIC LAW 112–74—DEC. 23, 2011 
NUCLEAR WASTE TECHNICAL REVIEW BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Nuclear Waste Technical Review 
Board, as authorized by Public Law 100–203, section 5051, 
$3,400,000 to be derived from the Nuclear Waste Fund, and to 
remain available until expended. 
OFFICE OF THE FEDERAL COORDINATOR FOR ALASKA NATURAL GAS 
TRANSPORTATION PROJECTS 
For necessary expenses for the Office of the Federal Coordinator 
for Alaska Natural Gas Transportation Projects pursuant to the 
Alaska Natural Gas Pipeline Act of 2004, $1,000,000. 
GENERAL PROVISIONS—INDEPENDENT AGENCIES 
SEC. 401. (a) None of the funds provided in this title for 
‘‘Nuclear Regulatory Commission—Salaries and Expenses’’ shall be 
available for obligation or expenditure through a reprogramming 
of funds that— 
(1) increases funds or personnel for any program, project, 
or activity for which funds are denied or restricted by this 
Act; or 
(2) reduces funds that are directed to be used for a specific 
program, project, or activity by this Act. 
(b) The Chairman of the Nuclear Regulatory Commission may 
not terminate any program, project, or activity without the approval 
of a majority vote of the Commissioners of the Nuclear Regulatory 
Commission approving such action. 
(c) The Nuclear Regulatory Commission may waive the restric-
tion 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 Chair-
man of the Commission that a majority of Commissioners of the 
Nuclear Regulatory Commission have voted and approved the re-
programming 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 expedi-
tiously 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 require-
ments and guidance for such license. Based upon the evaluations 
conducted pursuant to this section and other information it deems 
relevant, the Commission shall require licensees to update the 
design basis for each reactor, if necessary. 
Waiver authority. 
Certification. 
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125 STAT. 883 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 appropria-
tion 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 Develop-
ment and Related Agencies Appropriations Act, 2012’’. 
Corporations. 
Tax liability. 
Determination. 
Corporations. 
Criminal 
violations. 
Determination. 
Lobbying. 
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125 STAT. 884 
PUBLIC LAW 112–74—DEC. 23, 2011 
DIVISION C—FINANCIAL SERVICES AND GENERAL 
GOVERNMENT APPROPRIATIONS ACT, 2012 
TITLE I 
DEPARTMENT OF THE TREASURY 
DEPARTMENTAL OFFICES 
SALARIES AND EXPENSES 
For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; 
hire of passenger motor vehicles; maintenance, repairs, and 
improvements of, and purchase of commercial insurance policies 
for, real properties leased or owned overseas, when necessary for 
the performance of official business; terrorism and financial intel-
ligence activities; executive direction program activities; inter-
national 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 fur-
ther, 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 State-
ment 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 require-
ments: 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 contrib-
uted to the Organization for Economic Cooperation and Develop-
ment for the Department’s participation in programs related to 
global tax administration. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$29,641,000, including hire of passenger motor vehicles; of which 
not to exceed $100,000 shall be available for unforeseen emergencies 
of a confidential nature, to be allocated and expended under the 
direction of the Inspector General of the Treasury; and of which 
Financial 
Services and 
General 
Government 
Appropriations 
Act, 2012. 
Department of 
the Treasury 
Appropriations 
Act, 2012. 
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125 STAT. 885 
PUBLIC LAW 112–74—DEC. 23, 2011 
not to exceed $2,500 shall be available for official reception and 
representation expenses. 
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Treasury Inspector General for 
Tax Administration in carrying out the Inspector General Act of 
1978, including purchase (not to exceed 150 for replacement only 
for police-type use) and hire of passenger motor vehicles (31 U.S.C. 
1343(b)); services authorized by 5 U.S.C. 3109, at such rates as 
may be determined by the Inspector General for Tax Administra-
tion; $151,696,000, of which not to exceed $500,000 shall be avail-
able 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 reimburse-
ment, $110,788,000, of which not to exceed $34,335,000 shall remain 
available until September 30, 2014: Provided, That funds appro-
priated in this account may be used to procure personal services 
contracts. 
TREASURY FORFEITURE FUND 
(RESCISSION) 
Of the unobligated balances available under this heading, 
$950,000,000 are rescinded. 
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125 STAT. 886 
PUBLIC LAW 112–74—DEC. 23, 2011 
FINANCIAL MANAGEMENT SERVICE 
SALARIES AND EXPENSES 
For necessary expenses of the Financial Management Service, 
$217,805,000, of which not to exceed $4,210,000 shall remain avail-
able until September 30, 2014, for information systems moderniza-
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 serv-
ices; and provision of laboratory assistance to State and local agen-
cies 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 produc-
tion 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 administra-
tive and personnel expenses for financial management of the Fund, 
as authorized by section 1012 of Public Law 101–380. 
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125 STAT. 887 
PUBLIC LAW 112–74—DEC. 23, 2011 
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND 
PROGRAM ACCOUNT 
To carry out the Community Development Banking and Finan-
cial Institutions Act of 1994 (Public Law 103–325), including serv-
ices 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, notwith-
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 organiza-
tions 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 afford-
able 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 edu-
cation, 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 avail-
able for low-income taxpayer clinic grants, of which not less than 
$12,000,000, to remain available until September 30, 2013, shall 
be available for a Community Volunteer Income Tax Assistance 
matching grants program for tax return preparation assistance, 
of which not less than $205,000,000 shall be available for operating 
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125 STAT. 888 
PUBLIC LAW 112–74—DEC. 23, 2011 
expenses of the Taxpayer Advocate Service, and of which 
$15,481,000 shall be for expenses necessary to implement the tax 
credit in title II of division A of the Trade Act of 2002 (Public 
Law 107–210). 
ENFORCEMENT 
For necessary expenses for tax enforcement activities of the 
Internal Revenue Service to determine and collect owed taxes, to 
provide legal and litigation support, to conduct criminal investiga-
tions, 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 tech-
nology 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 representa-
tion 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 informa-
tion 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 busi-
ness systems modernization program, $330,210,000, to remain avail-
able until September 30, 2014, for the capital asset acquisition 
of information technology systems, including management and 
Deadlines. 
Reports. 
26 USC 7801 
note. 
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125 STAT. 889 
PUBLIC LAW 112–74—DEC. 23, 2011 
related contractual costs of said acquisitions, including related 
Internal Revenue Service labor costs, and contractual costs associ-
ated with operations authorized by 5 U.S.C. 3109: Provided, That 
not later than 14 days after the end of each quarter of each 
fiscal year, the Internal Revenue Service shall submit a report 
to the House and Senate Committees on Appropriations and the 
Comptroller General of the United States detailing the cost and 
schedule performance for CADE2 and Modernized e-File information 
technology investments, including the purposes and life-cycle stages 
of the investments; the reasons for any cost and schedule variances; 
the risks of such investments and the strategies the Internal Rev-
enue 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 appro-
priation upon the advance approval of the Committees on Appro-
priations. 
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 confiden-
tiality 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 facili-
ties and increased staffing to provide sufficient and effective 1– 
800 help line service for taxpayers. The Commissioner shall con-
tinue to make the improvement of the Internal Revenue Service 
1–800 help line service a priority and allocate resources necessary 
to increase phone lines and staff to improve the Internal Revenue 
Service 1–800 help line service. 
ADMINISTRATIVE PROVISIONS—DEPARTMENT OF THE TREASURY 
(INCLUDING TRANSFERS OF FUNDS) 
SEC. 105. Appropriations to the Department of the Treasury 
in this Act shall be available for uniforms or allowances therefor, 
as authorized by law (5 U.S.C. 5901), including maintenance, 
repairs, and cleaning; purchase of insurance for official motor 
vehicles operated in foreign countries; purchase of motor vehicles 
without regard to the general purchase price limitations for vehicles 
purchased and used overseas for the current fiscal year; entering 
into contracts with the Department of State for the furnishing 
of health and medical services to employees and their dependents 
serving in foreign countries; and services authorized by 5 U.S.C. 
3109. 
Confidentiality. 
Identity theft. 
Deadline. 
Reports. 
26 USC 7801 
note. 
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125 STAT. 890 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 106. Not to exceed 2 percent of any appropriations in 
this Act made available to the Departmental Offices—Salaries and 
Expenses, Office of Inspector General, Special Inspector General 
for the Troubled Asset Relief Program, Financial Management 
Service, Alcohol and Tobacco Tax and Trade Bureau, Financial 
Crimes Enforcement Network, and Bureau of the Public Debt, may 
be transferred between such appropriations upon the advance 
approval of the Committees on Appropriations: Provided, That no 
transfer may increase or decrease any such appropriation by more 
than 2 percent. 
SEC. 107. Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be trans-
ferred 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 enforce-
ment 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 prin-
ciples: 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 other-
wise 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 collec-
tion: 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 Com-
mittee on Banking, Housing, and Urban Affairs; and the Commit-
tees on Appropriations of the House of Representatives and the 
Senate. 
SEC. 114. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for the Department of the 
Treasury’s intelligence or intelligence related activities are deemed 
to be specifically authorized by the Congress for purposes of section 
504 of the National Security Act of 1947 (50 U.S.C. 414) during 
Delegation 
authority. 
Certification. 
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125 STAT. 891 
PUBLIC LAW 112–74—DEC. 23, 2011 
fiscal year 2012 until the enactment of the Intelligence Authoriza-
tion Act for Fiscal Year 2012. 
SEC. 115. Not to exceed $5,000 shall be made available from 
the Bureau of Engraving and Printing’s Industrial Revolving Fund 
for necessary official reception and representation expenses. 
SEC. 116. Section 5114(c) of title 31, United States Code 
(relating to engraving and printing currency and security docu-
ments), is amended by striking ‘‘for a period of not more than 
4 years’’. 
SEC. 117. In the current fiscal year and each fiscal year here-
after, 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 institu-
tion), nor any other current or former director, officer, 
or employee of, or contractor for, the financial institu-
tion 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 sub-
mitted 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 For-
feiture Fund account: Provided further, That such Capital Invest-
ment Plan shall include expenditures occurring in previous fiscal 
Plans. 
Deadline. 
31 USC 5120 
note. 
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125 STAT. 892 
PUBLIC LAW 112–74—DEC. 23, 2011 
years for each capital investment project that has not been fully 
completed. 
This title may be cited as the ‘‘Department of the Treasury 
Appropriations Act, 2012’’. 
TITLE II 
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS 
APPROPRIATED TO THE PRESIDENT 
COMPENSATION OF THE PRESIDENT 
For compensation of the President, including an expense allow-
ance at the rate of $50,000 per annum as authorized by 3 U.S.C. 
102, $450,000: Provided, That none of the funds made available 
for official expenses shall be expended for any other purpose and 
any unused amount shall revert to the Treasury pursuant to 31 
U.S.C. 1552. 
THE WHITE HOUSE 
SALARIES AND EXPENSES 
For necessary expenses for the White House as authorized 
by law, including not to exceed $3,850,000 for services as authorized 
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as author-
ized 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 exclu-
sive authority of the Executive Residence to incur obligations and 
to receive offsetting collections, for such expenses: Provided further, 
That the Executive Residence shall require each person sponsoring 
Executive Office 
of the President 
Appropriations 
Act, 2012. 
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125 STAT. 893 
PUBLIC LAW 112–74—DEC. 23, 2011 
a reimbursable political event to pay in advance an amount equal 
to the estimated cost of the event, and all such advance payments 
shall be credited to this account and remain available until 
expended: Provided further, That the Executive Residence shall 
require the national committee of the political party of the President 
to maintain on deposit $25,000, to be separately accounted for 
and available for expenses relating to reimbursable political events 
sponsored by such committee during such fiscal year: Provided 
further, That the Executive Residence shall ensure that a written 
notice of any amount owed for a reimbursable operating expense 
under this paragraph is submitted to the person owing such amount 
within 60 days after such expense is incurred, and that such amount 
is collected within 30 days after the submission of such notice: 
Provided further, That the Executive Residence shall charge interest 
and assess penalties and other charges on any such amount that 
is not reimbursed within such 30 days, in accordance with the 
interest and penalty provisions applicable to an outstanding debt 
on a United States Government claim under 31 U.S.C. 3717: Pro-
vided 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: Pro-
vided further, That no provision of this paragraph may be construed 
to exempt the Executive Residence from any other applicable 
requirement of subchapter I or II of chapter 37 of title 31, United 
States Code. 
WHITE HOUSE REPAIR AND RESTORATION 
For the repair, alteration, and improvement of the Executive 
Residence at the White House, $750,000, to remain available until 
expended, for required maintenance, resolution of safety and health 
issues, and continued preventative maintenance. 
COUNCIL OF ECONOMIC ADVISERS 
SALARIES AND EXPENSES 
For necessary expenses of the Council of Economic Advisers 
in carrying out its functions under the Employment Act of 1946 
(15 U.S.C. 1021 et seq.), $4,192,000. 
Records. 
Deadline. 
Reports. 
Interest. 
Penalties. 
Deadline. 
Notice. 
Deadlines. 
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125 STAT. 894 
PUBLIC LAW 112–74—DEC. 23, 2011 
NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL 
SALARIES AND EXPENSES 
For necessary expenses of the National Security Council and 
the Homeland Security Council, including services as authorized 
by 5 U.S.C. 3109, $13,048,000. 
OFFICE OF ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Administration, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 
107, and hire of passenger motor vehicles, $112,952,000, of which 
$10,403,000 shall remain available until expended for continued 
modernization of the information technology infrastructure within 
the Executive Office of the President. 
OFFICE OF MANAGEMENT AND BUDGET 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Management and 
Budget, including hire of passenger motor vehicles and services 
as authorized by 5 U.S.C. 3109 and to carry out the provisions 
of chapter 35 of title 44, United States Code, $89,456,000, of which 
not to exceed $3,000 shall be available for official representation 
expenses: Provided, That none of the funds appropriated in this 
Act for the Office of Management and Budget may be used for 
the purpose of reviewing any agricultural marketing orders or any 
activities or regulations under the provisions of the Agricultural 
Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided 
further, That none of the funds made available for the Office of 
Management and Budget by this Act may be expended for the 
altering of the transcript of actual testimony of witnesses, except 
for testimony of officials of the Office of Management and Budget, 
before the Committees on Appropriations or their subcommittees: 
Provided further, That none of the funds provided in this or prior 
Acts shall be used, directly or indirectly, by the Office of Manage-
ment 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 appro-
priating committees when the 60-day review is initiated: Provided 
further, That if water resource reports have not been transmitted 
to the appropriate authorizing and appropriating committees within 
15 days after the end of the Office of Management and Budget 
review period based on the notification from the Director, Congress 
shall assume Office of Management and Budget concurrence with 
the report and act accordingly. 
Deadline. 
Notification. 
Time period. 
Policy review. 
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125 STAT. 895 
PUBLIC LAW 112–74—DEC. 23, 2011 
OFFICE OF NATIONAL DRUG CONTROL POLICY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National 
Drug Control Policy Reauthorization Act of 2006 (Public Law 109– 
469); not to exceed $10,000 for official reception and representation 
expenses; and for participation in joint projects or in the provision 
of services on matters of mutual interest with nonprofit, research, 
or public organizations or agencies, with or without reimbursement, 
$24,500,000: Provided, That the Office is authorized to accept, hold, 
administer, and utilize gifts, both real and personal, public and 
private, without fiscal year limitation, for the purpose of aiding 
or facilitating the work of the Office. 
FEDERAL DRUG CONTROL PROGRAMS 
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses of the Office of National Drug Control 
Policy’s 
High 
Intensity 
Drug 
Trafficking 
Areas 
Program, 
$238,522,000, to remain available until September 30, 2013, for 
drug control activities consistent with the approved strategy for 
each of the designated High Intensity Drug Trafficking Areas 
(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred 
to State and local entities for drug control activities and shall 
be obligated not later than 120 days after enactment of this Act: 
Provided, That up to 49 percent may be transferred to Federal 
agencies and departments in amounts determined by the Director 
of the Office of National Drug Control Policy, of which up to 
$2,700,000 may be used for auditing services and associated activi-
ties (including up to $500,000 to ensure the continued operation 
and maintenance of the Performance Management System): Pro-
vided 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 Rep-
resentatives 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 effective-
ness: Provided further, That the Director shall notify the Commit-
tees on Appropriations of the initial allocation of fiscal year 2012 
funding among HIDTAs not later than 45 days after enactment 
of this Act, and shall notify the Committees of planned uses of 
discretionary HIDTA funding, as determined in consultation with 
the HIDTA Directors, not later than 90 days after enactment of 
this Act. 
Notifications. 
Deadlines. 
Funding 
justification. 
Deadline. 
21 USC 1702 
note. 
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125 STAT. 896 
PUBLIC LAW 112–74—DEC. 23, 2011 
OTHER FEDERAL DRUG CONTROL PROGRAMS 
(INCLUDING TRANSFERS OF FUNDS) 
For other drug control activities authorized by the Office of 
National Drug Control Policy Reauthorization Act of 2006 (Public 
Law 109–469), $105,550,000, to remain available until expended, 
which shall be available as follows: $92,000,000 for the Drug-Free 
Communities Program, of which $2,000,000 shall be made available 
as directed by section 4 of Public Law 107–82, as amended by 
Public Law 109–469 (21 U.S.C. 1521 note); $1,400,000 for drug 
court training and technical assistance; $9,000,000 for anti-doping 
activities; $1,900,000 for the United States membership dues to 
the World Anti-Doping Agency; and $1,250,000 shall be made avail-
able 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, effi-
cient and effective uses of information technology in the Federal 
Government, $5,000,000, to remain available until expended: Pro-
vided, 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, secu-
rity, or defense which may arise at home or abroad during the 
current fiscal year, as authorized by 3 U.S.C. 108, $988,000, to 
remain available until September 30, 2013. 
SPECIAL ASSISTANCE TO THE PRESIDENT 
SALARIES AND EXPENSES 
For necessary expenses to enable the Vice President to provide 
assistance to the President in connection with specially assigned 
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 
106, including subsistence expenses as authorized by 3 U.S.C. 106, 
which shall be expended and accounted for as provided in that 
section; and hire of passenger motor vehicles, $4,328,000. 
Deadlines. 
Reports. 
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125 STAT. 897 
PUBLIC LAW 112–74—DEC. 23, 2011 
OFFICIAL RESIDENCE OF THE VICE PRESIDENT 
OPERATING EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, 
to be accounted for solely on his certificate, $307,000: Provided, 
That advances or repayments or transfers from this appropriation 
may be made to any department or agency for expenses of carrying 
out such activities. 
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE 
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT 
(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS) 
SEC. 201. From funds made available in this Act under the 
headings ‘‘The White House’’, ‘‘Executive Residence at the White 
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Eco-
nomic 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 appropria-
tion, to be merged with and available for the same time and for 
the same purposes as the appropriation to which transferred: Pro-
vided, That the amount of an appropriation shall not be increased 
by more than 50 percent by such transfers: Provided further, That 
no amount shall be transferred from ‘‘Special Assistance to the 
President’’ or ‘‘Official Residence of the Vice President’’ without 
the approval of the Vice President. 
SEC. 202. The Director of the Office of Management and Budget 
shall submit to the Committees on Appropriations of the House 
and the Senate a report on the implementation of Executive Order 
No. 13563 (76 Fed. Reg. 3821; relating to Improving Regulation 
and Regulatory Review) by April 2, 2012. The report shall include 
information on— 
(a) increasing public participation in the rulemaking 
process and reducing uncertainty; 
(b) improving coordination across Federal agencies to elimi-
nate 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— 
Deadline. 
Reports. 
Reports. 
Time period. 
Notification. 
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125 STAT. 898 
PUBLIC LAW 112–74—DEC. 23, 2011 
(1) the estimated mandatory and discretionary obligations 
of funds through fiscal year 2014, by Federal agency and by 
fiscal year, including— 
(A) the estimated obligations by cost inputs such as 
rent, information technology, contracts, and personnel; 
(B) the methodology and data sources used to calculate 
such estimated obligations; and 
(C) the specific section of such Act that requires the 
obligation of funds; and 
(2) the estimated receipts through fiscal year 2014 from 
assessments, user fees, and other fees by the Federal agency 
making the collections, by fiscal year, including— 
(A) the methodology and data sources used to calculate 
such estimated collections; and 
(B) the specific section of such Act that authorizes 
the collection of funds. 
SEC. 204. The Director of the Office of National Drug Control 
Policy shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate not later than 60 days 
after the date of enactment of this Act, and prior to the initial 
obligation of more than 20 percent of the funds appropriated in 
any account under the heading ‘‘Office of National Drug Control 
Policy’’, a detailed narrative and financial plan on the proposed 
uses of all funds under the account by program, project, and activity: 
Provided, That the reports required by this section shall be updated 
and submitted to the Committees on Appropriations every 6 months 
and shall include information detailing how the estimates and 
assumptions contained in previous reports have changed: Provided 
further, That any new projects and changes in funding of ongoing 
projects shall be subject to the prior approval of the Committees 
on Appropriations. 
SEC. 205. Not to exceed 2 percent of any appropriations in 
this Act made available to the Office of National Drug Control 
Policy may be transferred between appropriated programs upon 
the advance approval of the Committees on Appropriations: Pro-
vided, That no transfer may increase or decrease any such appro-
priation 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 appro-
priations made available for the Counterdrug Technology Assess-
ment Center, $5,244,639 are rescinded. 
SEC. 208. From the unobligated balances of prior year appro-
priations 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 Innova-
tion’’ in title II of division C of the Consolidated Appropriations 
Act, 2010 (Public Law 111–117), $10,000,000 are rescinded. In 
addition to the amounts made available under such heading in 
this Act, $10,000,000 are appropriated, to remain available until 
September 30, 2013. 
Deadlines. 
Reports. 
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125 STAT. 899 
PUBLIC LAW 112–74—DEC. 23, 2011 
This title may be cited as the ‘‘Executive Office of the President 
Appropriations Act, 2012’’. 
TITLE III 
THE JUDICIARY 
SUPREME COURT OF THE UNITED STATES 
SALARIES AND EXPENSES 
For expenses necessary for the operation of the Supreme Court, 
as required by law, excluding care of the building and grounds, 
including purchase or hire, driving, maintenance, and operation 
of an automobile for the Chief Justice, not to exceed $10,000 for 
the purpose of transporting Associate Justices, and hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not 
to exceed $10,000 for official reception and representation expenses; 
and for miscellaneous expenses, to be expended as the Chief Justice 
may approve, $74,819,000, of which $2,000,000 shall remain avail-
able 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, mag-
istrate 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 author-
ized by law, $5,015,000,000 (including the purchase of firearms 
Judiciary 
Appropriations 
Act, 2012. 
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125 STAT. 900 
PUBLIC LAW 112–74—DEC. 23, 2011 
and ammunition); of which not to exceed $27,817,000 shall remain 
available until expended for space alteration projects and for fur-
niture and furnishings related to new space alteration and construc-
tion projects. 
In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Child-
hood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed 
$5,000,000, to be appropriated from the Vaccine Injury Compensa-
tion Trust Fund. 
DEFENDER SERVICES 
For the operation of Federal Defender organizations; the com-
pensation and reimbursement of expenses of attorneys appointed 
to represent persons under 18 U.S.C. 3006A and 3599, and for 
the compensation and reimbursement of expenses of persons fur-
nishing investigative, expert, and other services for such representa-
tions as authorized by law; the compensation (in accordance with 
the maximums under 18 U.S.C. 3006A) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal 
cases where the defendant has waived representation by counsel; 
the compensation and reimbursement of expenses of attorneys 
appointed to represent jurors in civil actions for the protection 
of their employment, as authorized by 28 U.S.C. 1875(d)(1); the 
compensation and reimbursement of expenses of attorneys 
appointed under 18 U.S.C. 983(b)(1) in connection with certain 
judicial 
civil 
forfeiture 
proceedings; 
the 
compensation 
and 
reimbursement of travel expenses of guardians ad litem appointed 
under 18 U.S.C. 4100(b); and for necessary training and general 
administrative expenses, $1,031,000,000, to remain available until 
expended. 
FEES OF JURORS AND COMMISSIONERS 
For fees and expenses of jurors as authorized by 28 U.S.C. 
1871 and 1876; compensation of jury commissioners as authorized 
by 28 U.S.C. 1863; and compensation of commissioners appointed 
in condemnation cases pursuant to rule 71.1(h) of the Federal 
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), 
$51,908,000, to remain available until expended: Provided, That 
the compensation of land commissioners shall not exceed the daily 
equivalent of the highest rate payable under 5 U.S.C. 5332. 
COURT SECURITY 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses, not otherwise provided for, incident 
to the provision of protective guard services for United States 
courthouses and other facilities housing Federal court operations, 
and the procurement, installation, and maintenance of security 
systems and equipment for United States courthouses and other 
facilities housing Federal court operations, including building 
ingress-egress control, inspection of mail and packages, directed 
security patrols, perimeter security, basic security services provided 
by the Federal Protective Service, and other similar activities as 
authorized by section 1010 of the Judicial Improvement and Access 
to Justice Act (Public Law 100–702), $500,000,000, of which not 
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125 STAT. 901 
PUBLIC LAW 112–74—DEC. 23, 2011 
to exceed $15,000,000 shall remain available until expended, to 
be expended directly or transferred to the United States Marshals 
Service, which shall be responsible for administering the Judicial 
Facility Security Program consistent with standards or guidelines 
agreed to by the Director of the Administrative Office of the United 
States Courts and the Attorney General. 
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS 
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Office of the 
United States Courts as authorized by law, including travel as 
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle 
as authorized by 31 U.S.C. 1343(b), advertising and rent in the 
District of Columbia and elsewhere, $82,909,000, of which not to 
exceed $8,500 is authorized for official reception and representation 
expenses. 
FEDERAL JUDICIAL CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90–219, $27,000,000; of which $1,800,000 
shall remain available through September 30, 2013, to provide 
education and training to Federal court personnel; and of which 
not to exceed $1,500 is authorized for official reception and represen-
tation 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 Sur-
vivors’ 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 provi-
sions of chapter 58 of title 28, United States Code, $16,500,000, 
of which not to exceed $1,000 is authorized for official reception 
and representation expenses. 
ADMINISTRATIVE PROVISIONS—THE JUDICIARY 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available 
for services as authorized by 5 U.S.C. 3109. 
SEC. 302. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act 
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125 STAT. 902 
PUBLIC LAW 112–74—DEC. 23, 2011 
may be transferred between such appropriations, but no such appro-
priation, except ‘‘Courts of Appeals, District Courts, and Other 
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, Dis-
trict Courts, and Other Judicial Services, Fees of Jurors and 
Commissioners’’, shall be increased by more than 10 percent by 
any such transfers: Provided, That any transfer pursuant to this 
section shall be treated as a reprogramming of funds under sections 
604 and 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth 
in section 608. 
SEC. 303. Notwithstanding any other provision of law, the 
salaries and expenses appropriation for ‘‘Courts of Appeals, District 
Courts, and Other Judicial Services’’ shall be available for official 
reception and representation expenses of the Judicial Conference 
of the United States: Provided, That such available funds shall 
not exceed $11,000 and shall be administered by the Director of 
the Administrative Office of the United States Courts in the capacity 
as Secretary of the Judicial Conference. 
SEC. 304. Section 3314(a) of title 40, United States Code, shall 
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it 
appears. 
SEC. 305. In accordance with 28 U.S.C. 561–569, and notwith-
standing 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 Secu-
rity. 
SEC. 306. Section 203(c) of the Judicial Improvements Act of 
1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended— 
(1) in the third sentence (relating to the District of Kansas), 
by striking ‘‘20 years’’ and inserting ‘‘21 years’’; and 
(2) in the seventh sentence (related to the District of 
Hawaii), by striking ‘‘17 years’’ and inserting ‘‘18 years’’. 
This title may be cited as the ‘‘Judiciary Appropriations Act, 
2012’’. 
TITLE IV 
DISTRICT OF COLUMBIA 
FEDERAL FUNDS 
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT 
For a Federal payment to the District of Columbia, to be 
deposited into a dedicated account, for a nationwide program to 
be administered by the Mayor, for District of Columbia resident 
tuition support, $30,000,000, to remain available until expended: 
Provided, That such funds, including any interest accrued thereon, 
may be used on behalf of eligible District of Columbia residents 
to pay an amount based upon the difference between in-State and 
out-of-State tuition at public institutions of higher education, or 
District of 
Columbia 
Appropriations 
Act, 2012. 
Reimbursement. 
Security services. 
Applicability. 
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125 STAT. 903 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Pro-
gram: Provided further, That the Office of the Chief Financial 
Officer shall provide a quarterly financial report to the Committees 
on Appropriations of the House of Representatives and the Senate 
for these funds showing, by object class, the expenditures made 
and the purpose therefor. 
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS 
IN THE DISTRICT OF COLUMBIA 
For a Federal payment of necessary expenses, as determined 
by the Mayor of the District of Columbia in written consultation 
with the elected county or city officials of surrounding jurisdictions, 
$14,900,000, to remain available until expended and in addition 
any funds that remain available from prior year appropriations 
under this heading for the District of Columbia Government, for 
the costs of providing public safety at events related to the presence 
of the national capital in the District of Columbia, including support 
requested by the Director of the United States Secret Service Divi-
sion 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 court-
house 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 Appro-
priations of the House of Representatives and the Senate, the 
Time period. 
Notification. 
Deadlines. 
Reports. 
Accounts. 
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125 STAT. 904 
PUBLIC LAW 112–74—DEC. 23, 2011 
District of Columbia Courts may reallocate not more than 
$3,000,000 of the funds provided under this heading among the 
items and entities funded under this heading but no such allocation 
shall be increased by more than 10 percent. 
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF 
COLUMBIA COURTS 
(INCLUDING TRANSFER OF FUNDS) 
For payments authorized under section 11–2604 and section 
11–2605, D.C. Official Code (relating to representation provided 
under the District of Columbia Criminal Justice Act), payments 
for counsel appointed in proceedings in the Family Court of the 
Superior Court of the District of Columbia under chapter 23 of 
title 16, D.C. Official Code, or pursuant to contractual agreements 
to provide guardian ad litem representation, training, technical 
assistance, and such other services as are necessary to improve 
the quality of guardian ad litem representation, payments for 
counsel appointed in adoption proceedings under chapter 3 of title 
16, D.C. Official Code, and payments authorized under section 
21–2060, D.C. Official Code (relating to services provided under 
the District of Columbia Guardianship, Protective Proceedings, and 
Durable Power of Attorney Act of 1986), $55,000,000, to remain 
available until expended: Provided, That funds provided under this 
heading shall be administered by the Joint Committee on Judicial 
Administration in the District of Columbia: Provided further, That 
notwithstanding any other provision of law, this appropriation shall 
be apportioned quarterly by the Office of Management and Budget 
and obligated and expended in the same manner as funds appro-
priated 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 avail-
able 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 Super-
vision 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 Super-
vision and Sex Offender Registration, to include expenses relating 
to the supervision of adults subject to protection orders or the 
provision of services for or related to such persons; of which 
$59,435,000 shall be available to the Pretrial Services Agency: 
Provided, That notwithstanding any other provision of law, all 
amounts under this heading shall be apportioned quarterly by 
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125 STAT. 905 
PUBLIC LAW 112–74—DEC. 23, 2011 
the Office of Management and Budget and obligated and expended 
in the same manner as funds appropriated for salaries and expenses 
of other Federal agencies: Provided further, That not less than 
$1,500,000 shall be available for re-entrant housing in the District 
of Columbia: Provided further, That the Director is authorized to 
accept and use gifts in the form of in-kind contributions of space 
and hospitality to support offender and defendant programs, and 
equipment and vocational training services to educate and train 
offenders and defendants: Provided further, That the Director shall 
keep accurate and detailed records of the acceptance and use of 
any gift or donation under the previous proviso, and shall make 
such records available for audit and public inspection: Provided 
further, That the Court Services and Offender Supervision Agency 
Director is authorized to accept and use reimbursement from the 
District of Columbia Government for space and services provided 
on a cost reimbursable basis. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER 
SERVICE 
For salaries and expenses, including the transfer and hire 
of motor vehicles, of the District of Columbia Public Defender 
Service, as authorized by the National Capital Revitalization and 
Self-Government Improvement Act of 1997, $37,241,000: Provided, 
That notwithstanding any other provision of law, all amounts under 
this heading shall be apportioned quarterly by the Office of Manage-
ment 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 Over-
flow Long-Term Plan: Provided, That the District of Columbia Water 
and Sewer Authority provides a 100 percent match for this payment. 
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING 
COUNCIL 
For a Federal payment to the Criminal Justice Coordinating 
Council, $1,800,000, to remain available until expended, to support 
initiatives related to the coordination of Federal and local criminal 
justice resources in the District of Columbia. 
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS 
For a Federal payment, to remain available until September 
30, 2013, to the Commission on Judicial Disabilities and Tenure, 
$295,000, and for the Judicial Nomination Commission, $205,000. 
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT 
For a Federal payment for a school improvement program 
in the District of Columbia, $60,000,000, to remain available until 
expended, for payments authorized under the Scholarship for Oppor-
tunity and Results Act (division C of Public Law 112–10). 
Records. 
Public 
information. 
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125 STAT. 906 
PUBLIC LAW 112–74—DEC. 23, 2011 
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD 
For a Federal payment to the District of Columbia National 
Guard, $375,000, to remain available until expended for the Major 
General David F. Wherley, Jr. District of Columbia National Guard 
Retention and College Access Program. 
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS 
For a Federal payment to the District of Columbia for the 
testing of individuals for, and the treatment of individuals with, 
human immunodeficiency virus and acquired immunodeficiency syn-
drome in the District of Columbia, $5,000,000. 
DISTRICT OF COLUMBIA FUNDS 
The following amounts are appropriated for the District of 
Columbia for the current fiscal year out of the General Fund of 
the District of Columbia (‘‘General Fund’’), except as otherwise 
specifically provided: Provided, That notwithstanding any other 
provision of law, except as provided in section 450A of the District 
of Columbia Home Rule Act, (114 Stat. 2440; D.C. Official Code, 
section 1–204.50a) and provisions of this Act, the total amount 
appropriated in this Act for operating expenses for the District 
of Columbia for fiscal year 2012 under this heading shall not 
exceed the lesser of the sum of the total revenues of the District 
of Columbia for such fiscal year or $10,916,966,000 (of which 
$6,208,646,000 shall be from local funds, (including $526,594,000 
from dedicated taxes), $1,015,449,000 shall be from Federal grant 
funds, $1,499,115,000 from Medicaid payments, $2,040,504,000 
shall be from other funds, and $25,677,000 shall be from private 
funds, and $127,575,000 shall be from funds previously appropriated 
in this Act as Federal payments: Provided further, That of the 
local funds, such amounts as may be necessary may be derived 
from the District’s General Fund balance: Provided further, That 
of these funds the District’s intra-District authority shall be 
$619,632,000: in addition, for capital construction projects, an 
increase of $4,007,501,000, of which $2,934,011,000 shall be from 
local funds, $223,858,000 from the District of Columbia Highway 
Trust Fund, $33,140,000 from the Local Transportation Fund, 
$816,492,000 from Federal grant funds, and a rescission of 
$2,849,882,000 of which $1,796,345,000 shall be from local funds, 
$749,426,000 from Federal grant funds, $252,694,000 from the Dis-
trict 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 pro-
posed 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 emer-
gency or unanticipated operating or capital needs: Provided further, 
That such increases shall be approved by enactment of local District 
law and shall comply with all reserve requirements contained in 
the District of Columbia Home Rule Act: Provided further, That 
Rescission. 
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125 STAT. 907 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Finan-
cial 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 Appropria-
tions Act, 2012’’. 
TITLE V 
INDEPENDENT AGENCIES 
ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 
SALARIES AND EXPENSES 
For necessary expenses of the Administrative Conference of 
the United States, authorized by 5 U.S.C. 591 et seq., $2,900,000, 
to remain available until September 30, 2013, of which not to 
exceed $1,000 is for official reception and representation expenses. 
CHRISTOPHER COLUMBUS FELLOWSHIP FOUNDATION 
SALARIES AND EXPENSES 
For payment to the Christopher Columbus Fellowship Founda-
tion, established by section 423 of Public Law 102–281, $450,000, 
to remain available until expended. 
CONSUMER PRODUCT SAFETY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Consumer Product Safety 
Commission, including hire of passenger motor vehicles, services 
as authorized by 5 U.S.C. 3109, but at rates for individuals not 
to exceed the per diem rate equivalent to the maximum rate payable 
under 5 U.S.C. 5376, purchase of nominal awards to recognize 
non-Federal officials’ contributions to Commission activities, and 
not to exceed $4,000 for official reception and representation 
expenses, $114,500,000, of which $500,000 shall remain available 
until September 30, 2013, to implement the Virginia Graeme Baker 
Pool and Spa Safety Act grant program as provided by section 
1405 of Public Law 110–140 (15 U.S.C. 8004). 
ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT SAFETY 
COMMISSION 
SEC. 501. Section 4(g) of the Consumer Product Safety Act 
(15 U.S.C. 2053(g)) is amended by adding at the end the following: 
‘‘(5) The Chairman may provide to officers and employees 
of the Commission who are appointed or assigned by the 
Commission to serve abroad (as defined in section 102 of the 
Foreign Service Act of 1980 (22 U.S.C. 3902)) travel benefits 
similar to those authorized for members of the Foreign Service 
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125 STAT. 908 
PUBLIC LAW 112–74—DEC. 23, 2011 
of the United Service under chapter 9 of such Act (22 U.S.C. 
4081 et seq.).’’. 
SEC. 502. (a) EXTENSION OF GRANT PROGRAM.—Section 1405(e) 
of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 
8004(e)) is amended by striking ‘‘2011’’ and inserting ‘‘2012’’. 
(b) NEW SWIMMING POOLS.—Section 1405(b) of the Virginia 
Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004 (b)) is 
amended by inserting ‘‘constructed after the date that is 6 months 
after the date of enactment of the Financial Services and General 
Government Appropriations Act, 2012’’ after ‘‘swimming pools’’. 
SEC. 503. Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States shall 
conduct an analysis of the potential safety risks associated with 
new and emerging consumer products, including chemicals and 
other materials used in their manufacture, taking into account 
the ability and authority of the Consumer Product Safety Commis-
sion— 
(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 enact-
ment of this Act, the Comptroller General of the United States 
shall conduct an analysis of— 
(1) the extent to which manufacturers comply with vol-
untary 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 allow-
ances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed 
$4,000 for official reception and representation expenses; purchase 
and hire of motor vehicles; special counsel fees; and services as 
Deadline. 
Reports. 
Deadline. 
Reports. 
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125 STAT. 909 
PUBLIC LAW 112–74—DEC. 23, 2011 
authorized by 5 U.S.C. 3109, $339,844,000: Provided, That 
$339,844,000 of offsetting collections shall be assessed and collected 
pursuant to section 9 of title I of the Communications Act of 
1934, shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated shall be reduced as 
such offsetting collections are received during fiscal year 2012 so 
as to result in a final fiscal year 2012 appropriation estimated 
at $0: Provided further, That any offsetting collections received 
in excess of $339,844,000 in fiscal year 2012 shall not be available 
for obligation: Provided further, That remaining offsetting collec-
tions 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 appro-
priated 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 recommenda-
tions 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 Fed-
eral Election Campaign Act of 1971, $66,367,000, of which not 
to exceed $5,000 shall be available for reception and representation 
expenses. 
118 Stat. 3998. 
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125 STAT. 910 
PUBLIC LAW 112–74—DEC. 23, 2011 
FEDERAL LABOR RELATIONS AUTHORITY 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Federal 
Labor Relations Authority, pursuant to Reorganization Plan Num-
bered 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 Fed-
eral Service Impasses Panel may be paid travel expenses and per 
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) 
for persons employed intermittently in the Government service, 
and compensation as authorized by 5 U.S.C. 3109: Provided further, 
That notwithstanding 31 U.S.C. 3302, funds received from fees 
charged to non-Federal participants at labor-management relations 
conferences shall be credited to and merged with this account, 
to be available without further appropriation for the costs of car-
rying 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 pas-
senger 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 col-
lected 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, notwith-
standing 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 gen-
eral 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 avail-
able to the Federal Trade Commission may be used to implement 
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance 
Act (12 U.S.C. 1831t). 
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125 STAT. 911 
PUBLIC LAW 112–74—DEC. 23, 2011 
GENERAL SERVICES ADMINISTRATION 
REAL PROPERTY ACTIVITIES 
FEDERAL BUILDINGS FUND 
LIMITATIONS ON AVAILABILITY OF REVENUE 
Amounts in the Fund, including revenues and collections depos-
ited into the Fund shall be available for necessary expenses of 
real property management and related activities not otherwise pro-
vided for, including operation, maintenance, and protection of feder-
ally owned and leased buildings; rental of buildings in the District 
of Columbia; restoration of leased premises; moving governmental 
agencies (including space adjustments and telecommunications 
relocation expenses) in connection with the assignment, allocation 
and transfer of space; contractual services incident to cleaning 
or servicing buildings, and moving; repair and alteration of federally 
owned buildings including grounds, approaches and appurtenances; 
care and safeguarding of sites; maintenance, preservation, demoli-
tion, 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 Representa-
tives 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 serv-
ices, of which $260,000,000 is for Basic Repairs and Alterations 
and $20,000,000 is for a Judiciary Capital Security program: Pro-
vided 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 Appropria-
tions 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 stand-
ards for security in accordance with current law and in compliance 
with the reprogramming guidelines of the appropriate Committees 
of the House and Senate: Provided further, That the difference 
Advance 
approval. 
Advance 
approval. 
Plans. 
Deadlines. 
Notification. 
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125 STAT. 912 
PUBLIC LAW 112–74—DEC. 23, 2011 
between the funds appropriated and expended on any projects in 
this or any prior Act, under the heading ‘‘Repairs and Alterations’’, 
may be transferred to Basic Repairs and Alterations or used to 
fund authorized increases in prospectus projects: Provided further, 
That all funds for repairs and alterations prospectus projects shall 
expire on September 30, 2013 and remain in the Federal Buildings 
Fund except funds for projects as to which funds for design or 
other funds have been obligated in whole or in part prior to such 
date: Provided further, That the amount provided in this or any 
prior Act for Basic Repairs and Alterations may be used to pay 
claims against the Government arising from any projects under 
the heading ‘‘Repairs and Alterations’’ or used to fund authorized 
increases in prospectus projects; (3) $126,801,000 for installment 
acquisition payments including payments on purchase contracts 
which shall remain available until expended; (4) $5,210,198,000 
for rental of space which shall remain available until expended; 
and (5) $2,350,968,000 for building operations which shall remain 
available until expended: Provided further, That funds available 
to the General Services Administration shall not be available for 
expenses of any construction, repair, alteration and acquisition 
project for which a prospectus, if required by 40 U.S.C. 3307(a), 
has not been approved, except that necessary funds may be 
expended for each project for required expenses for the development 
of a proposed prospectus: Provided further, That funds available 
in the Federal Buildings Fund may be expended for emergency 
repairs when advance approval is obtained from the Committees 
on Appropriations: Provided further, That amounts necessary to 
provide reimbursable special services to other agencies under 40 
U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, 
lighting, guard booths, and other facilities on private or other 
property not in Government ownership or control as may be appro-
priate 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 activi-
ties; 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 dona-
tion of surplus personal property; disposal of real property; agency- 
Expiration date. 
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125 STAT. 913 
PUBLIC LAW 112–74—DEC. 23, 2011 
wide policy direction, management, and communications; the 
Civilian Board of Contract Appeals; services as authorized by 5 
U.S.C. 3109; and not to exceed $7,500 for official reception and 
representation expenses; $69,500,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General and 
service authorized by 5 U.S.C. 3109, $58,000,000: Provided, That 
not to exceed $15,000 shall be available for payment for information 
and detection of fraud against the Government, including payment 
for recovery of stolen Government property: Provided further, That 
not to exceed $2,500 shall be available for awards to employees 
of other Federal agencies and private citizens in recognition of 
efforts and initiatives resulting in enhanced Office of Inspector 
General effectiveness. 
ELECTRONIC GOVERNMENT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementa-
tion 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 pro-
vided in this Act: Provided further, That such transfers may not 
be made until 10 days after a proposed spending plan and expla-
nation for each project to be undertaken has been submitted to 
the Committees on Appropriations of the House of Representatives 
and the Senate. 
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS 
For carrying out the provisions of the Act of August 25, 1958 
(3 U.S.C. 102 note), and Public Law 95–138, $3,671,000. 
FEDERAL CITIZEN SERVICES FUND 
For necessary expenses of the Office of Citizen Services and 
Innovative Technologies, including services authorized by 5 U.S.C. 
3109, $34,100,000, to be deposited into the Federal Citizen Services 
Fund: Provided, That the appropriations, revenues, and collections 
deposited into the Fund shall be available for necessary expenses 
of Federal Citizen Services activities in the aggregate amount not 
to exceed $90,000,000. Appropriations, revenues, and collections 
accruing to this Fund during fiscal year 2012 in excess of such 
amount shall remain in the Fund and shall not be available for 
expenditure except as authorized in appropriations Acts. 
Time period. 
Spending plan. 
Project 
explanation. 
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125 STAT. 914 
PUBLIC LAW 112–74—DEC. 23, 2011 
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION 
(INCLUDING TRANSFERS OF FUNDS AND RESCISSION) 
SEC. 520. Funds available to the General Services Administra-
tion 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 trans-
fers shall be approved in advance to the Committees on Appropria-
tions 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 Administra-
tion, the Judicial Conference of the United States, and the Office 
of Management and Budget; (2) reflects the priorities of the Judicial 
Conference of the United States as set out in its approved 5- 
year construction plan; and (3) includes a standardized courtroom 
utilization study of each facility to be constructed, replaced, or 
expanded. 
SEC. 523. None of the funds provided in this Act may be 
used to increase the amount of occupiable square feet, provide 
cleaning services, security enhancements, or any other service usu-
ally 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 ‘‘Fed-
eral 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 Transpor-
tation 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 Serv-
ices 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 agree-
ments, except that, if the Administrator determines that the delin-
eated area of the procurement should not be identical to the delin-
eated 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 para-
graph (i)(6) by: 
(1) deleting ‘‘for training’’; and 
Contracts. 
Determination. 
Explanatory 
statement. 
Advance 
approval. 
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125 STAT. 915 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 dis-
posal of the U.S. Coast Guard Service Center at Governor’s Island, 
New York and the Lorton Correctional Facility in Lorton, Virginia 
in prior years whether appropriated directly to the General Services 
Administration (GSA) or to any other agency of the Government 
and received by GSA for such purpose, $4,600,000 are rescinded. 
SEC. 528. Within 120 days of enactment, the General Services 
Administration shall submit a detailed report to the Committees 
on Appropriations of the House of Representatives and the Senate 
that describes each program, project, or activity that is funded 
by appropriations to General Services Administration but is not 
under the control or direction, in statute or in practice, of the 
Administrator of General Services. 
HARRY S TRUMAN SCHOLARSHIP FOUNDATION 
SALARIES AND EXPENSES 
For payment to the Harry S Truman Scholarship Foundation 
Trust Fund, established by section 10 of Public Law 93–642, 
$748,000, to remain available until expended. 
MERIT SYSTEMS PROTECTION BOARD 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out functions of the Merit 
Systems Protection Board pursuant to Reorganization Plan Num-
bered 2 of 1978, the Civil Service Reform Act of 1978, and the 
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including 
services as authorized by 5 U.S.C. 3109, rental of conference rooms 
in the District of Columbia and elsewhere, hire of passenger motor 
vehicles, direct procurement of survey printing, and not to exceed 
$2,000 
for 
official 
reception 
and 
representation 
expenses, 
$40,258,000, to remain available until September 30, 2013, together 
with not to exceed $2,345,000, to remain available until September 
30, 2013, for administrative expenses to adjudicate retirement 
appeals to be transferred from the Civil Service Retirement and 
Disability Fund in amounts determined by the Merit Systems 
Protection Board. 
MORRIS K. UDALL AND STEWART L. UDALL FOUNDATION 
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND 
For payment to the Morris K. Udall and Stewart L. Udall 
Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall 
Foundation Act (20 U.S.C. 5601 et seq.), $2,200,000, to remain 
available until expended, of which, notwithstanding sections 8 and 
9 of such Act: (1) up to $50,000 shall be used to conduct financial 
audits pursuant to the Accountability of Tax Dollars Act of 2002 
(Public Law 107–289); and (2) up to $1,000,000 shall be available 
Deadline. 
Reports. 
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125 STAT. 916 
PUBLIC LAW 112–74—DEC. 23, 2011 
to carry out the activities authorized by section 6(7) of Public 
Law 102–259 (20 U.S.C. 5604(7)). 
ENVIRONMENTAL DISPUTE RESOLUTION FUND 
For payment to the Environmental Dispute Resolution Fund 
to carry out activities authorized in the Environmental Policy and 
Conflict Resolution Act of 1998, $3,792,000, to remain available 
until expended. 
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 
OPERATING EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses in connection with the administration 
of the National Archives and Records Administration (including 
the Information Security Oversight Office) and archived Federal 
records and related activities, as provided by law, and for expenses 
necessary for the review and declassification of documents and 
the activities of the Public Interest Declassification Board, and 
for necessary expenses in connection with the operations and 
maintenance of the electronic records archives to include all direct 
project costs associated with research, program management, and 
corrective and adaptive software maintenance, and for the hire 
of passenger motor vehicles, and for uniforms or allowances therefor, 
as authorized by law (5 U.S.C. 5901 et seq.), including maintenance, 
repairs, and cleaning, $373,300,000: Provided, That all remaining 
balances appropriated in prior fiscal years under the heading ‘‘Elec-
tronic 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 require-
ment 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 Improve-
ment 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. Ken-
nedy Presidential Library and Museum and other necessary 
expenses, including renovating the Library as needed in con-
structing the addition, the remaining unobligated balances shall 
be available to implement the National Archives and Records 
Administration Capital Improvement Plan. 
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125 STAT. 917 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 adminis-
trative expenses of the Central Liquidity Facility in fiscal year 
2012 shall not exceed $1,250,000. 
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND 
For the Community Development Revolving Loan Fund pro-
gram 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 represen-
tation 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 examina-
tions performed for veterans by private physicians on a fee basis; 
rental of conference rooms in the District of Columbia and else-
where; hire of passenger motor vehicles; not to exceed $2,500 for 
official reception and representation expenses; advances for 
reimbursements to applicable funds of OPM and the Federal Bureau 
of Investigation for expenses incurred under Executive Order No. 
10422 of January 9, 1953, as amended; and payment of per diem 
and/or subsistence allowances to employees where Voting Rights 
Act activities require an employee to remain overnight at his or 
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125 STAT. 918 
PUBLIC LAW 112–74—DEC. 23, 2011 
her post of duty, $97,774,000, of which $6,004,000 shall remain 
available until expended for the Enterprise Human Resources 
Integration project, of which $642,000 may be for strengthening 
the capacity and capabilities of the acquisition workforce (as defined 
by the Office of Federal Procurement Policy Act, as amended (41 
U.S.C. 4001 et seq.)), including the recruitment, hiring, training, 
and retention of such workforce and information technology in 
support of acquisition workforce effectiveness or for management 
solutions to improve acquisition management, and of which 
$1,416,000 shall remain available until expended for the Human 
Resources Line of Business project; and in addition $112,516,000 
for administrative expenses, to be transferred from the appropriate 
trust funds of OPM without regard to other statutes, including 
direct procurement of printed materials, for the retirement and 
insurance programs: Provided, That the provisions of this appropria-
tion 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 appro-
priation shall be available for salaries and expenses of the Legal 
Examining Unit of OPM established pursuant to Executive Order 
No. 9358 of July 1, 1943, or any successor unit of like purpose: 
Provided further, That the President’s Commission on White House 
Fellows, established by Executive Order No. 11183 of October 3, 
1964, may, during fiscal year 2012, accept donations of money, 
property, and personal services: Provided further, That such dona-
tions, including those from prior years, may be used for the develop-
ment of publicity materials to provide information about the White 
House Fellows, except that no such donations shall be accepted 
for travel or reimbursement of travel expenses, or for the salaries 
of employees of such Commission. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF TRUST FUNDS) 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $3,142,000, and in addition, not to exceed 
$21,174,000 for administrative expenses to audit, investigate, and 
provide other oversight of the Office of Personnel Management’s 
retirement and insurance programs, to be transferred from the 
appropriate trust funds of the Office of Personnel Management, 
as determined by the Inspector General: Provided, That the 
Inspector General is authorized to rent conference rooms in the 
District of Columbia and elsewhere. 
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH 
BENEFITS 
For payment of Government contributions with respect to 
retired employees, as authorized by chapter 89 of title 5, United 
States Code, and the Retired Federal Employees Health Benefits 
Act (74 Stat. 849), such sums as may be necessary. 
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125 STAT. 919 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 author-
ized by the Act of May 29, 1944, and the Act of August 19, 1950 
(33 U.S.C. 771–775), may hereafter be paid out of the Civil Service 
Retirement and Disability Fund. 
OFFICE OF SPECIAL COUNSEL 
SALARIES AND EXPENSES 
For necessary expenses to carry out functions of the Office 
of Special Counsel pursuant to Reorganization Plan Numbered 2 
of 1978, the Civil Service Reform Act of 1978 (Public Law 95– 
454), the Whistleblower Protection Act of 1989 (Public Law 101– 
12), Public Law 107–304, and the Uniformed Services Employment 
and Reemployment Rights Act of 1994 (Public Law 103–353), 
including services as authorized by 5 U.S.C. 3109, payment of 
fees and expenses for witnesses, rental of conference rooms in 
the District of Columbia and elsewhere, and hire of passenger 
motor vehicles; $18,972,000. 
POSTAL REGULATORY COMMISSION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Postal Regulatory Commission 
in carrying out the provisions of the Postal Accountability and 
Enhancement Act (Public Law 109–435), $14,304,000, to be derived 
by transfer from the Postal Service Fund and expended as author-
ized 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 Over-
sight Board, as authorized by section 1061 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), 
$900,000, to remain available until September 30, 2013. 
33 USC 776. 
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125 STAT. 920 
PUBLIC LAW 112–74—DEC. 23, 2011 
RECOVERY ACCOUNTABILITY AND TRANSPARENCY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Recovery Accountability and 
Transparency Board to carry out the provisions of title XV of 
the American Recovery and Reinvestment Act of 2009 (Public Law 
111–5), and to develop and test information technology resources 
and oversight mechanisms to enhance transparency of and detect 
and remediate waste, fraud, and abuse in Federal spending, 
$28,350,000, to remain available until September 30, 2013. 
SECURITIES AND EXCHANGE COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses for the Securities and Exchange 
Commission, including services as authorized by 5 U.S.C. 3109, 
the rental of space (to include multiple year leases) in the District 
of Columbia and elsewhere, and not to exceed $3,500 for official 
reception and representation expenses, $1,321,000,000, to remain 
available until expended; of which not less than $6,795,000 shall 
be for the Office of Inspector General; of which not to exceed 
$45,000 shall be available for a permanent secretariat for the Inter-
national Organization of Securities Commissions; and of which not 
to exceed $100,000 shall be available for expenses for consultations 
and meetings hosted by the Commission with foreign governmental 
and other regulatory officials, members of their delegations and 
staffs to exchange views concerning securities matters, such 
expenses to include necessary logistic and administrative expenses 
and the expenses of Commission staff and foreign invitees in attend-
ance including: (1) incidental expenses such as meals; (2) travel 
and transportation; and (3) related lodging or subsistence: Provided, 
That fees and charges authorized by section 31 of the Securities 
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to this 
account as offsetting collections: Provided further, That not to exceed 
$1,321,000,000 of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided further, 
That the total amount appropriated under this heading from the 
general fund for fiscal year 2012 shall be reduced as such offsetting 
fees are received so as to result in a final total fiscal year 2012 
appropriation from the general fund estimated at not more than 
$0. 
SELECTIVE SERVICE SYSTEM 
SALARIES AND EXPENSES 
For necessary expenses of the Selective Service System, 
including expenses of attendance at meetings and of training for 
uniformed personnel assigned to the Selective Service System, as 
authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase 
of uniforms, or allowances therefor, as authorized by 5 U.S.C. 
5901–5902; hire of passenger motor vehicles; services as authorized 
by 5 U.S.C. 3109; and not to exceed $750 for official reception 
and representation expenses; $23,984,000: Provided, That during 
the current fiscal year, the President may exempt this appropriation 
from the provisions of 31 U.S.C. 1341, whenever the President 
President. 
Exemption 
authority. 
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125 STAT. 921 
PUBLIC LAW 112–74—DEC. 23, 2011 
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, notwith-
standing 31 U.S.C. 3302, revenues received from all such activities 
shall be credited to this account, to remain available until expended, 
for carrying out these purposes without further appropriations: 
Provided further, That the Small Business Administration may 
accept gifts in an amount not to exceed $4,000,000 and may co- 
sponsor activities, each in accordance with section 132(a) of division 
K of Public Law 108–447, during fiscal year 2012: Provided further, 
That $112,500,000 shall be available to fund grants for performance 
in fiscal year 2012 or fiscal year 2013 as authorized by section 
21 of the Small Business Act, to remain available until September 
30, 2013: Provided further, That $20,000,000 shall remain available 
until September 30, 2013 for marketing, management, and technical 
assistance under section 7(m) of the Small Business Act (15 U.S.C. 
636(m)(4)) by intermediaries that make microloans under the 
microloan program: Provided further, That $7,100,000 shall be avail-
able 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 Partner-
ship Program under section 34 of the Small Business Act (15 
U.S.C. 657d). 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$16,267,000. 
OFFICE OF ADVOCACY 
For necessary expenses of the Office of Advocacy in carrying 
out the provisions of title II of Public Law 94–305 (15 U.S.C. 
634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 
601 et seq.), $9,120,000, to remain available until expended. 
BUSINESS LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of direct loans, $3,678,000, to remain available 
until expended, and for the cost of guaranteed loans as authorized 
Military 
induction. 
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125 STAT. 922 
PUBLIC LAW 112–74—DEC. 23, 2011 
by section 7(a) of the Small Business Act (Public Law 85–536) 
and section 503 of the Small Business Investment Act of 1958 
(Public Law 85–699), $207,100,000, to remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That subject to section 502 
of the Congressional Budget Act of 1974, during fiscal year 2012 
commitments to guarantee loans under section 503 of the Small 
Business Investment Act of 1958 shall not exceed $7,500,000,000: 
Provided further, That during fiscal year 2012 commitments for 
general business loans authorized under section 7(a) of the Small 
Business Act shall not exceed $17,500,000,000 for a combination 
of amortizing term loans and the aggregated maximum line of 
credit provided by revolving loans: Provided further, That during 
fiscal year 2012 commitments to guarantee loans for debentures 
under section 303(b) of the Small Business Investment Act of 1958 
shall not exceed $3,000,000,000: Provided further, That during fiscal 
year 2012, guarantees of trust certificates authorized by section 
5(g) of the Small Business Act shall not exceed a principal amount 
of $12,000,000,000. In addition, for administrative expenses to carry 
out the direct and guaranteed loan programs, $147,958,000, which 
may be transferred to and merged with the appropriations for 
Salaries and Expenses. 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFERS OF FUNDS) 
For administrative expenses to carry out the direct loan pro-
gram 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 Adminis-
tration 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 Adminis-
tration in this Act may be transferred between such appropriations, 
but no such appropriation shall be increased by more than 10 
percent by any such transfers: Provided, That any transfer pursuant 
to this paragraph shall be treated as a reprogramming of funds 
under section 608 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth 
in that section. 
SEC. 531. Section 7(d)(5)(D) of the Small Business Act (15 
U.S.C. 636(d)(5)(D)) is amended by striking ‘‘three years’’ and 
inserting ‘‘7 years’’. 
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125 STAT. 923 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 532. Beginning in fiscal year 2013 and each fiscal year 
thereafter, the budget request for the Small Business Administra-
tion shall provide a detailed justification of any proposed changes 
from the enacted level by individual appropriation. The detailed 
justification shall include at a minimum a description of each credit 
and non-credit program including amount of funding and costs 
by appropriation account and fiscal year. For activities funded in 
multiple appropriations, the budget justification shall specify the 
amount included in each enacted appropriation, the amount pro-
posed in the budget year and a justification for any proposed 
changes. 
UNITED STATES POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For payment to the Postal Service Fund for revenue forgone 
on free and reduced rate mail, pursuant to subsections (c) and 
(d) of section 2401 of title 39, United States Code, $78,153,000, 
which shall not be available for obligation until October 1, 2012: 
Provided, That mail for overseas voting and mail for the blind 
shall continue to be free: Provided further, That 6-day delivery 
and rural delivery of mail shall continue at not less than the 
1983 level: Provided further, That none of the funds made available 
to the Postal Service by this Act shall be used to implement any 
rule, regulation, or policy of charging any officer or employee of 
any State or local child support enforcement agency, or any indi-
vidual participating in a State or local program of child support 
enforcement, a fee for information requested or provided concerning 
an address of a postal customer: Provided further, That none of 
the funds provided in this Act shall be used to consolidate or 
close small rural and other small post offices in fiscal year 2012. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
$241,468,000, to be derived by transfer from the Postal Service 
Fund and expended as authorized by section 603(b)(3) of the Postal 
Accountability and Enhancement Act (Public Law 109–435). 
UNITED STATES TAX COURT 
SALARIES AND EXPENSES 
For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $51,079,000: Provided, 
That travel expenses of the judges shall be paid upon the written 
certificate of the judge. 
Overseas voting. 
Blind persons. 
Effective date. 
Budget 
justification. 
15 USC 633a. 
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125 STAT. 924 
PUBLIC LAW 112–74—DEC. 23, 2011 
TITLE VI 
GENERAL PROVISIONS—THIS ACT 
(INCLUDING RESCISSIONS) 
SEC. 601. None of the funds in this Act shall be used for 
the planning or execution of any program to pay the expenses 
of, or otherwise compensate, non-Federal parties intervening in 
regulatory or adjudicatory proceedings funded in this Act. 
SEC. 602. None of the funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, nor 
may any be transferred to other appropriations, unless expressly 
so provided herein. 
SEC. 603. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract pursu-
ant 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 appro-
priations Act. 
SEC. 605. None of the funds made available by this Act shall 
be available for any activity or for paying the salary of any Govern-
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 pro-
vided 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) aug-
ments 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, which-
ever is less; or (7) creates or reorganizes offices, programs, or 
Contracts. 
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125 STAT. 925 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 restruc-
turing of offices, programs, or activities, each agency or entity 
funded in this Act shall consult with the Committees on Appropria-
tions 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 Representa-
tives 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 sala-
ries and expenses for an agency shall be reduced by $100,000 
per day for each day after the required date that the report has 
not been submitted to the Congress. 
SEC. 609. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2012 from appropriations made available 
for salaries and expenses for fiscal year 2012 in this Act, shall 
remain available through September 30, 2013, for each such account 
for the purposes authorized: Provided, That a request shall be 
submitted to the Committees on Appropriations of the House of 
Representatives and the Senate for approval prior to the expendi-
ture 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 inves-
tigation 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 cir-
cumstances 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 imple-
menting any settlement agreements regarding the nonforeign area 
cost-of-living allowance program, the Office of Personnel Manage-
ment may accept and utilize (without regard to any restriction 
on unanticipated travel expenses imposed in an Appropriations 
Act) funds made available to the Office of Personnel Management 
pursuant to court approval. 
SEC. 613. No funds appropriated by this Act shall be available 
to pay for an abortion, or the administrative expenses in connection 
Abortion. 
Background 
reports. 
Expenditure 
request. 
Fines. 
Reports. 
Deadline. 
Reports. 
Consultation. 
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125 STAT. 926 
PUBLIC LAW 112–74—DEC. 23, 2011 
with any health plan under the Federal employees health benefits 
program which provides any benefits or coverage for abortions. 
SEC. 614. The provision of section 613 shall not apply where 
the life of the mother would be endangered if the fetus were carried 
to term, or the pregnancy is the result of an act of rape or incest. 
SEC. 615. In order to promote Government access to commercial 
information technology, the restriction on purchasing nondomestic 
articles, materials, and supplies set forth in chapter 83 of title 
41, United States Code (popularly known as the Buy American 
Act), shall not apply to the acquisition by the Federal Government 
of information technology (as defined in section 11101 of title 40, 
United States Code), that is a commercial item (as defined in 
section 103 of title 41, United States Code). 
SEC. 616. Notwithstanding section 1353 of title 31, United 
States Code, no officer or employee of any regulatory agency or 
commission funded by this Act may accept on behalf of that agency, 
nor may such agency or commission accept, payment or reimburse-
ment from a non-Federal entity for travel, subsistence, or related 
expenses for the purpose of enabling an officer or employee to 
attend and participate in any meeting or similar function relating 
to the official duties of the officer or employee when the entity 
offering payment or reimbursement is a person or entity subject 
to regulation by such agency or commission, or represents a person 
or entity subject to regulation by such agency or commission, unless 
the person or entity is an organization described in section 501(c)(3) 
of the Internal Revenue Code of 1986 and exempt from tax under 
section 501(a) of such Code. 
SEC. 617. The Public Company Accounting Oversight Board 
shall have authority to obligate funds for the scholarship program 
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002 
(Public Law 107–204) in an aggregate amount not exceeding the 
amount of funds collected by the Board as of December 31, 2011, 
including accrued interest, as a result of the assessment of monetary 
penalties. Funds available for obligation in fiscal year 2012 shall 
remain available until expended. 
SEC. 618. From the unobligated balances of prior year appro-
priations made available for the Privacy and Civil Liberties Over-
sight 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 defi-
ciency and supplemental appropriations submitted to the President 
by the legislative branch and the judicial branch.’’. 
SEC. 620. Notwithstanding section 708 of this Act, funds made 
available to the Commodity Futures Trading Commission and the 
Securities and Exchange Commission by this or any other Act 
may be used for the interagency funding and sponsorship of a 
joint advisory committee to advise on emerging regulatory issues. 
SEC. 621. For purposes of Public Law 109–285, the period 
described in section 5134(f)(1)(B) of title 31, United States Code, 
shall be treated as a 2-year, 9-month period. 
SEC. 622. The Help America Vote Act of 2002 (Public Law 
107–252) is amended by— 
(1) inserting in section 255(b) (42 U.S.C. 15405) ‘‘posted 
on the Commission’s website with a notice’’ after ‘‘cause to 
have the plan’’; 
Time period. 
31 USC 5112 
note. 
Abortion. 
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125 STAT. 927 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Secu-
rities and Exchange Commission Reserve Fund established by sec-
tion 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 cumu-
lative balances of any unobligated funds that were received by 
such agency during any previous fiscal year. 
SEC. 625. (a)(1) Notwithstanding any other provision of law, 
an Executive agency covered by this Act otherwise authorized to 
enter into contracts for either leases or the construction or alteration 
of real property for office, meeting, storage, or other space must 
consult with the General Services Administration before issuing 
a solicitation for offers of new leases or construction contracts, 
and in the case of succeeding leases, before entering into negotia-
tions 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 Administra-
tion or the United States Postal Service. 
SEC. 626. None of the funds made available in this Act may 
be used by the Federal Trade Commission to complete the draft 
report entitled ‘‘Interagency Working Group on Food Marketed to 
Children: Preliminary Proposed Nutrition Principles to Guide 
Industry Self-Regulatory Efforts’’ unless the Interagency Working 
Group on Food Marketed to Children complies with Executive Order 
No. 13563. 
SEC. 627. None of the funds made available by this Act may 
be used to pay the salaries and expenses for the following positions: 
(1) Director, White House Office of Health Reform. 
(2) Assistant to the President for Energy and Climate 
Change. 
(3) Senior Advisor to the Secretary of the Treasury assigned 
to the Presidential Task Force on the Auto Industry and Senior 
Counselor for Manufacturing Policy. 
(4) White House Director of Urban Affairs. 
SEC. 628. None of the funds made available in this Act may 
be used by the Federal Communications Commission to remove 
the conditions imposed on commercial terrestrial operations in the 
Order and Authorization adopted by the Commission on January 
26, 2011 (DA 11–133), or otherwise permit such operations, until 
the Commission has resolved concerns of potential widespread 
Global 
Positioning 
System. 
Definition. 
Contracts. 
Consultation. 
Deadlines. 
Reports. 
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125 STAT. 928 
PUBLIC LAW 112–74—DEC. 23, 2011 
harmful interference by such commercial terrestrial operations to 
commercially available Global Positioning System devices. 
SEC. 629. None of the funds made available by this Act may 
be expended for any new hire by any Federal agency funded in 
this Act that is not verified through the E-Verify Program estab-
lished 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 debar-
ment of the corporation and made a determination that this further 
action is not necessary to protect the interests of the Government. 
SEC. 631. None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that was convicted or 
had an officer or agent of such corporation acting on behalf of 
the corporation convicted of a felony criminal violation under any 
Federal law within the preceding 24 months, where the awarding 
agency is aware of the conviction, unless the agency has considered 
suspension or debarment of the corporation, or such officer or agent 
and made a determination that this further action is not necessary 
to protect the interests of the Government. 
SEC. 632. Section 8909a(d)(3)(A)(v) of title 5, United States 
Code, is amended by striking the date specified in such section 
and inserting ‘‘August 1, 2012’’. 
TITLE VII 
GENERAL PROVISIONS—GOVERNMENT-WIDE 
DEPARTMENTS, AGENCIES, AND CORPORATIONS 
SEC. 701. No department, agency, or instrumentality of the 
United States receiving appropriated funds under this or any other 
Act for fiscal year 2012 shall obligate or expend any such funds, 
unless such department, agency, or instrumentality has in place, 
and will continue to administer in good faith, a written policy 
designed to ensure that all of its workplaces are free from the 
illegal use, possession, or distribution of controlled substances (as 
defined in the Controlled Substances Act (21 U.S.C. 802)) by the 
officers and employees of such department, agency, or instrumen-
tality. 
SEC. 702. Unless otherwise specifically provided, the maximum 
amount allowable during the current fiscal year in accordance with 
subsection 1343(c) of title 31, United States Code, for the purchase 
of any passenger motor vehicle (exclusive of buses, ambulances, 
law enforcement, and undercover surveillance vehicles), is hereby 
fixed at $13,197 except station wagons for which the maximum 
shall be $13,631: Provided, That these limits may be exceeded 
31 USC 1343 
note. 
Drug-free 
workplaces. 
Corporations. 
Criminal 
violation. 
Corporations. 
Tax liability. 
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125 STAT. 929 
PUBLIC LAW 112–74—DEC. 23, 2011 
by not to exceed $3,700 for police-type vehicles, and by not to 
exceed $4,000 for special heavy-duty vehicles: Provided further, 
That the limits set forth in this section may not be exceeded 
by more than 5 percent for electric or hybrid vehicles purchased 
for demonstration under the provisions of the Electric and Hybrid 
Vehicle Research, Development, and Demonstration Act of 1976: 
Provided further, That the limits set forth in this section may 
be exceeded by the incremental cost of clean alternative fuels 
vehicles acquired pursuant to Public Law 101–549 over the cost 
of comparable conventionally fueled vehicles: Provided further, That 
the limits set forth in this section shall not apply to any vehicle 
that is a commercial item and which operates on emerging motor 
vehicle technology, including but not limited to electric, plug-in 
hybrid electric, and hydrogen fuel cell vehicles. 
SEC. 703. Appropriations of the executive departments and 
independent establishments for the current fiscal year available 
for expenses of travel, or for the expenses of the activity concerned, 
are hereby made available for quarters allowances and cost-of- 
living allowances, in accordance with 5 U.S.C. 5922–5924. 
SEC. 704. Unless otherwise specified during the current fiscal 
year, no part of any appropriation contained in this or any other 
Act shall be used to pay the compensation of any officer or employee 
of the Government of the United States (including any agency 
the majority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the continental 
United States unless such person: (1) is a citizen of the United 
States; (2) is a person who is lawfully admitted for permanent 
residence and is seeking citizenship as outlined in 8 U.S.C. 
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 
8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and 
has filed a declaration of intention to become a lawful permanent 
resident and then a citizen when eligible; or (4) is a person who 
owes allegiance to the United States: Provided, That for purposes 
of this section, affidavits signed by any such person shall be consid-
ered 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 employ-
ment in the field service (not to exceed 60 days) as a result of 
emergencies: Provided further, That this section does not apply 
to the employment as Wildland firefighters for not more than 120 
days of nonresident aliens employed by the Department of the 
Interior or the USDA Forest Service pursuant to an agreement 
with another country. 
Time period. 
Penalties. 
Affidavit. 
5 USC 3101 note. 
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125 STAT. 930 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 705. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for pay-
ment 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 per-
formed 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 dis-
posed 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 pro-
grams, including, but not limited to, the development and 
implementation of hazardous waste management and pollution 
prevention programs. 
(3) Other employee programs as authorized by law or as 
deemed appropriate by the head of the Federal agency. 
SEC. 707. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corpora-
tions 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 subse-
quently 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, commit-
tees, 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 depart-
ment 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 depart-
ment head, agency head, officer, or employee, or to purchase fur-
niture or make improvements for any such office, unless advance 
notice of such furnishing or redecoration is transmitted to the 
Committees on Appropriations of the House of Representatives and 
Notification. 
Applicability. 
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125 STAT. 931 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 tele-
communications initiatives which benefit multiple Federal depart-
ments, 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 pursu-
ant to 5 U.S.C. 3302, without a certification to the Office of Per-
sonnel Management from the head of the Federal department, 
agency, or other instrumentality employing the Schedule C 
appointee that the Schedule C position was not created solely 
or primarily in order to detail the employee to the White House. 
(b) The provisions of this section shall not apply to Federal 
employees or members of the armed forces detailed to or from— 
(1) the Central Intelligence Agency; 
(2) the National Security Agency; 
(3) the Defense Intelligence Agency; 
(4) the National Geospatial-Intelligence Agency; 
(5) the offices within the Department of Defense for the 
collection of specialized national foreign intelligence through 
reconnaissance programs; 
(6) the Bureau of Intelligence and Research of the Depart-
ment 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 pro-
hibit or prevent, any other officer or employee of the Federal 
Government from having any direct oral or written communica-
tion 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, com-
mittee, or subcommittee; or 
Definition. 
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125 STAT. 932 
PUBLIC LAW 112–74—DEC. 23, 2011 
(2) removes, suspends from duty without pay, demotes, 
reduces in rank, seniority, status, pay, or performance or effi-
ciency rating, denies promotion to, relocates, reassigns, trans-
fers, 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 emo-
tional response or psychological stress in some participants; 
(3) does not require prior employee notification of the con-
tent and methods to be used in the training and written end 
of course evaluation; 
(4) contains any methods or content associated with reli-
gious or quasi-religious belief systems or ‘‘new age’’ belief sys-
tems 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 con-
sistent 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 (gov-
erning 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 disclo-
sure that may compromise the national security, including sections 
641, 793, 794, 798, and 952 of title 18, United States Code, and 
section 4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 
783(b)). The definitions, requirements, obligations, rights, sanctions, 
and liabilities created by said Executive order and listed statutes 
are incorporated into this agreement and are controlling.’’: Provided, 
That notwithstanding the preceding provision of this section, a 
nondisclosure policy form or agreement that is to be executed by 
Nondisclosure 
agreement. 
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125 STAT. 933 
PUBLIC LAW 112–74—DEC. 23, 2011 
a person connected with the conduct of an intelligence or intel-
ligence-related activity, other than an employee or officer of the 
United States Government, may contain provisions appropriate to 
the particular activity for which such document is to be used. 
Such form or agreement shall, at a minimum, require that the 
person will not disclose any classified information received in the 
course of such activity unless specifically authorized to do so by 
the United States Government. Such nondisclosure forms shall 
also make it clear that they do not bar disclosures to Congress, 
or to an authorized official of an executive agency or the Department 
of Justice, that are essential to reporting a substantial violation 
of law. 
(b) Effective 180 days after enactment of this Act, subsection 
(a) is amended by— 
(1) striking ‘‘Executive Order No. 12958’’ and inserting 
‘‘Executive Order No. 13526 (75 Fed. Reg. 707), or any successor 
thereto’’; 
(2) after ‘‘the Intelligence Identities Protection Act of 1982 
(50 U.S.C. 421 et seq.) (governing disclosures that could expose 
confidential Government agents);’’ inserting ‘‘sections 7(c) and 
8H of the Inspector General Act of 1978 (5 U.S.C. App.) (relating 
to disclosures to an inspector general, the inspectors general 
of 
the 
Intelligence 
Community, 
and 
Congress); 
section 
103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 
403–3h(g)(3) (relating to disclosures to the inspector general 
of the Intelligence Community); sections 17(d)(5) and 17(e)(3) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403q(d)(5) and 403q(e)(3)) (relating to disclosures to the 
Inspector General of the Central Intelligence Agency and Con-
gress);’’; 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 imple-
mented 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 relation-
ships, 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 legisla-
tion pending before the Congress, except in presentation to the 
Congress itself. 
SEC. 717. None of the funds appropriated by this or any other 
Act may be used by an agency to provide a Federal employee’s 
home address to any labor organization except when the employee 
has authorized such disclosure or when such disclosure has been 
ordered by a court of competent jurisdiction. 
SEC. 718. None of the funds made available in this Act or 
any other Act may be used to provide any non-public information 
such as mailing or telephone lists to any person or any organization 
outside of the Federal Government without the approval of the 
Committees on Appropriations of the House of Representatives and 
the Senate. 
SEC. 719. No part of any appropriation contained in this or 
any other Act shall be used directly or indirectly, including by 
Lobbying. 
Effective date. 
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125 STAT. 934 
PUBLIC LAW 112–74—DEC. 23, 2011 
private contractor, for publicity or propaganda purposes within 
the United States not heretofore authorized by the Congress. 
SEC. 720. (a) In this section, the term ‘‘agency’’— 
(1) means an Executive agency, as defined under 5 U.S.C. 
105; and 
(2) includes a military department, as defined under section 
102 of such title, the Postal Service, and the Postal Regulatory 
Commission. 
(b) Unless authorized in accordance with law or regulations 
to use such time for other purposes, an employee of an agency 
shall use official time in an honest effort to perform official duties. 
An employee not under a leave system, including a Presidential 
appointee exempted under 5 U.S.C. 6301(2), has an obligation to 
expend an honest effort and a reasonable proportion of such 
employee’s time in the performance of official duties. 
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708 
of this Act, funds made available for the current fiscal year by 
this or any other Act to any department or agency, which is a 
member of the Federal Accounting Standards Advisory Board 
(FASAB), shall be available to finance an appropriate share of 
FASAB administrative costs. 
(TRANSFER OF FUNDS) 
SEC. 722. Notwithstanding 31 U.S.C. 1346 and section 708 
of this Act, the head of each Executive department and agency 
is hereby authorized to transfer to or reimburse ‘‘General Services 
Administration, Government-wide Policy’’ with the approval of the 
Director of the Office of Management and Budget, funds made 
available for the current fiscal year by this or any other Act, 
including rebates from charge card and other contracts: Provided, 
That these funds shall be administered by the Administrator of 
General Services to support Government-wide and other 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 con-
sultation 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 procure-
ment 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: Pro-
vided 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 notifica-
tion of the Committees on Appropriations by the Director of the 
Office of Management and Budget. 
SEC. 723. Notwithstanding any other provision of law, a woman 
may breastfeed her child at any location in a Federal building 
Breastfeeding. 
Time period. 
Notification. 
Definition. 
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125 STAT. 935 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 applica-
tion, 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 provi-
sion shall apply to direct payments, formula funds, and grants 
received by a State receiving Federal funds. 
SEC. 726. (a) PROHIBITION OF FEDERAL AGENCY MONITORING 
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available 
in this or any other Act may be used by any Federal agency— 
(1) to collect, review, or create any aggregation of data, 
derived from any means, that includes any personally identifi-
able 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 imple-
ment, 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 pro-
vided in law. 
Applicability. 
Reports. 
Deadline. 
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125 STAT. 936 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 727. (a) None of the funds appropriated by this Act may 
be used to enter into or renew a contract which includes a provision 
providing prescription drug coverage, except where the contract 
also includes a provision for contraceptive coverage. 
(b) Nothing in this section shall apply to a contract with— 
(1) any of the following religious plans: 
(A) Personal Care’s HMO; and 
(B) OSF HealthPlans, Inc.; and 
(2) any existing or future plan, if the carrier for the plan 
objects to such coverage on the basis of religious beliefs. 
(c) In implementing this section, any plan that enters into 
or renews a contract under this section may not subject any indi-
vidual 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 cov-
erage of abortion or abortion-related services. 
SEC. 728. The United States is committed to ensuring the 
health of its Olympic, Pan American, and Paralympic athletes, 
and supports the strict adherence to anti-doping in sport through 
testing, adjudication, education, and research as performed by 
nationally recognized oversight authorities. 
SEC. 729. Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies 
may be used by such departments and agencies, if consistent with 
Office of Management and Budget Circular A–126 regarding official 
travel for Government personnel, to participate in the fractional 
aircraft ownership pilot program. 
SEC. 730. Notwithstanding any other provision of law, none 
of the funds appropriated or made available under this Act or 
any other appropriations Act may be used to implement or enforce 
restrictions or limitations on the Coast Guard Congressional Fellow-
ship 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 execu-
tive branch agency shall purchase, construct, and/or lease any addi-
tional 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 Appro-
priations 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 Appro-
priations of the House of Representatives and the Senate by the 
Director of the Office of Management and Budget and receipt of 
approval to transfer funds by the Committees on Appropriations 
of the House of Representatives and the Senate. 
Time period. 
Reports. 
Sports. 
Drugs and drug 
abuse. 
Abortion. 
Contracts. 
Contraceptives. 
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125 STAT. 937 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 capa-
bility; 
(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 Representa-
tives and the Senate. 
SEC. 733. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to begin or announce 
a study or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal 
employees pursuant to Office of Management and Budget Circular 
A–76 or any other administrative regulation, directive, or policy. 
SEC. 734. Unless otherwise authorized by existing law, none 
of the funds provided in this Act or any other Act may be used 
by an executive branch agency to produce any prepackaged news 
story intended for broadcast or distribution in the United States, 
unless the story includes a clear notification within the text or 
audio of the prepackaged news story that the prepackaged news 
story was prepared or funded by that executive branch agency. 
SEC. 735. None of the funds made available in this Act may 
be used in contravention of section 552a of title 5, United States 
Code (popularly known as the Privacy Act) and regulations imple-
menting 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 individ-
ual’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 unsatisfac-
tory 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 mecha-
nism available before issuing the card; or (2) an individual who 
lacks a credit history. Each executive department and agency shall 
establish guidelines and procedures for disciplinary actions to be 
taken against agency personnel for improper, fraudulent, or abusive 
use of government charge cards, which shall include appropriate 
disciplinary actions for use of charge cards for purposes, and at 
Guidelines. 
Procedures. 
Evaluation. 
Travel cards. 
5 USC 5701 note. 
News story. 
Study. 
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125 STAT. 938 
PUBLIC LAW 112–74—DEC. 23, 2011 
establishments, that are inconsistent with the official business of 
the Department or agency or with applicable standards of conduct. 
SEC. 737. (a) DEFINITIONS.—For purposes of this section the 
following definitions apply: 
(1) GREAT LAKES.—The terms ‘‘Great Lakes’’ and ‘‘Great 
Lakes State’’ have the same meanings as such terms have 
in section 506 of the Water Resources Development Act of 
2000 (42 U.S.C. 1962d–22). 
(2) GREAT
LAKES
RESTORATION
ACTIVITIES.—The term 
‘‘Great Lakes restoration activities’’ means any Federal or State 
activity primarily or entirely within the Great Lakes watershed 
that seeks to improve the overall health of the Great Lakes 
ecosystem. 
(b) REPORT.—Not later than 45 days after submission of the 
budget of the President to Congress, the Director of the Office 
of Management and Budget, in coordination with the Governor 
of each Great Lakes State and the Great Lakes Interagency Task 
Force, shall submit to the appropriate authorizing and appro-
priating 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, con-
taining— 
(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 restora-
tion 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 activi-
ties during the current and previous fiscal years; 
(3) a budget for the proposed projects (including a descrip-
tion 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 incor-
porated entity which is treated as an inverted domestic corporation 
under section 835(b) of the Homeland Security Act of 2002 (6 
U.S.C. 395(b)) or any subsidiary of such an entity. 
(b) WAIVERS.— 
(1) IN GENERAL.—Any Secretary shall waive subsection (a) 
with respect to any Federal Government contract under the 
authority of such Secretary if the Secretary determines that 
the waiver is required in the interest of national security. 
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver 
under paragraph (1) shall report such issuance to Congress. 
Determination. 
Contracts. 
Certification. 
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125 STAT. 939 
PUBLIC LAW 112–74—DEC. 23, 2011 
(c) EXCEPTION.—This section shall not apply to any Federal 
Government contract entered into before the date of the enactment 
of this Act, or to any task order issued pursuant to such contract. 
SEC. 739. None of the funds made available by this or any 
other Act may be used to implement, administer, enforce, or apply 
the rule entitled ‘‘Competitive Area’’ published by the Office of 
Personnel Management in the Federal Register on April 15, 2008 
(73 Fed. Reg. 20180 et seq.). 
SEC. 740. Section 743 of the Consolidated Appropriations Act, 
2010 (Public Law 111–117; 31 U.S.C. 501 note) is amended in 
subsection (a)(3), by inserting after ‘‘exercise of an option’’ the 
following: ‘‘, and task orders issued under any such contract,’’. 
SEC. 741. During fiscal year 2012, for each employee who— 
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 
5, United States Code, or 
(2) retires under any other provision of subchapter III 
of chapter 83 or chapter 84 of such title 5 and receives a 
payment as an incentive to separate, the separating agency 
shall remit to the Civil Service Retirement and Disability Fund 
an amount equal to the Office of Personnel Management’s 
average unit cost of processing a retirement claim for the 
preceding fiscal year. Such amounts shall be available until 
expended to the Office of Personnel Management and shall 
be deemed to be an administrative expense under section 
8348(a)(1)(B) of title 5, United States Code. 
SEC. 742. Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in any title other than title IV or VIII 
shall not apply to such title IV or VIII. 
SEC. 743. (a) None of the funds made available in this or 
any other Act may be used to recommend or require any entity 
submitting an offer for a Federal contract to disclose any of the 
following information as a condition of submitting the offer: 
(1) Any payment consisting of a contribution, expenditure, 
independent expenditure, or disbursement for an electioneering 
communication that is made by the entity, its officers or direc-
tors, 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’’, ‘‘expendi-
ture’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’, 
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given 
such term in the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.). 
SEC. 744. Notwithstanding any other provision of law, until 
September 30, 2013, of the amounts made available for information 
technology investments under the heading ‘‘Independent Agencies, 
Commodity Futures Trading Commission’’ in the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2012 (division A of Public Law 112–55), the 
Chairman of the Commodity Futures Trading Commission may 
Election 
disclosure. 
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125 STAT. 940 
PUBLIC LAW 112–74—DEC. 23, 2011 
transfer not to exceed $10,000,000 under such heading for salaries 
and expenses of such Commission: Provided, That any transfer 
pursuant to this section shall be subject to the notification proce-
dures set forth in section 730 of such Act with respect to a re-
programming 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 judg-
ments that have been entered against the District of Columbia 
government. 
SEC. 802. None of the Federal funds provided in this Act shall 
be used for publicity or propaganda purposes or implementation 
of any policy including boycott designed to support or defeat legisla-
tion 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 avail-
able for obligation or expenditures for an agency through a re-
programming 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 responsi-
bility 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 Represent-
atives and the Senate are notified in writing 15 days in advance 
of the reprogramming. 
(b) The District of Columbia government is authorized to 
approve and execute reprogramming and transfer requests of local 
funds under this title through November 1, 2012. 
SEC. 804. None of the Federal funds provided in this Act may 
be used by the District of Columbia to provide for salaries, expenses, 
or other costs associated with the offices of United States Senator 
or United States Representative under section 4(d) of the District 
of Columbia Statehood Constitutional Convention Initiatives of 1979 
(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 
Notification. 
Time period. 
Lobbying. 
Notification. 
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125 STAT. 941 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Depart-
ment who resides in the District of Columbia or a District 
of Columbia government employee as may otherwise be des-
ignated 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 Serv-
ices Department who resides in the District of Columbia and 
is on call 24 hours a day or is otherwise designated by the 
Fire Chief; 
(3) at the discretion of the Director of the Department 
of Corrections, an officer or employee of the District of Columbia 
Department of Corrections who resides in the District of 
Columbia and is on call 24 hours a day or is otherwise des-
ignated 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 insur-
ance 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 Rep-
resentatives and the Senate, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate a report addressing— 
(1) crime, including the homicide rate, implementation of 
community policing, and the number of police officers on local 
beats; 
(2) access to substance and alcohol abuse treatment, 
including the number of treatment slots, the number of people 
Deadline. 
Reports. 
Contraceptives. 
Conscience 
exceptions. 
Needle 
distribution. 
Voting rights. 
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125 STAT. 942 
PUBLIC LAW 112–74—DEC. 23, 2011 
served, the number of people on waiting lists, and the effective-
ness of treatment programs, the retention rates in treatment 
programs, and the recidivism/re-arrest rates for treatment 
participants; 
(3) education, including access to special education services 
and student achievement to be provided in consultation with 
the District of Columbia Public Schools, repeated grade rates, 
high school graduation rates, and post-secondary education 
attendance rates; 
(4) improvement in basic District services, including rat 
control and abatement; and 
(5) application for and management of Federal grants, 
including the number and type of grants for which the District 
was eligible but failed to apply and the number and type 
of grants awarded to the District but for which the District 
failed to spend the amounts received. 
SEC. 810. None of the Federal funds contained in this Act 
may be used to enact or carry out any law, rule, or regulation 
to legalize or otherwise reduce penalties associated with the posses-
sion, 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 budg-
eted 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 pro-
gram requirements. 
SEC. 813. No later than 30 calendar days after the date of 
the enactment of this Act, the Chief Financial Officer for the District 
of Columbia shall submit to the appropriate committees of Congress, 
the Mayor, and the Council for the District of Columbia, a revised 
appropriated funds operating budget for the District of Columbia 
Public Schools that aligns schools budgets to actual enrollment. 
The revised appropriated funds budget shall be in the format of 
the budget that the District of Columbia government submitted 
pursuant to section 442 of the District of Columbia Home Rule 
Act (D.C. Official Code, Sec. 1–204.42). 
SEC. 814. Amounts appropriated in this Act as operating funds 
may be transferred to the District of Columbia’s enterprise and 
capital funds and such amounts, once transferred, shall retain 
appropriation authority consistent with the provisions of this Act. 
Deadline. 
Operating 
budget. 
Applicability. 
Certification. 
Deadline. 
Operating 
budget. 
Abortion. 
Penalties. 
Drugs and drug 
abuse. 
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125 STAT. 943 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 815. Notwithstanding any other laws, for this and suc-
ceeding fiscal years, the Director of the District of Columbia Public 
Defender Service shall, to the extent the Director considers appro-
priate, provide representation for and hold harmless, or provide 
liability insurance for, any person who is an employee, member 
of the Board of Trustees, or officer of the District of Columbia 
Public Defender Service for money damages arising out of any 
claim, proceeding, or case at law relating to the furnishing of 
representational services or management services or related services 
while acting within the scope of that person’s office or employment, 
including, but not limited to such claims, proceedings, or cases 
at law involving employment actions, injury, loss of liberty, property 
damage, loss of property, or personal injury, or death arising from 
malpractice or negligence of any such officer or employee. 
SEC. 816. Section 346 of the District of Columbia Appropriations 
Act, 2005 (Public Law 108–335) is amended— 
(1) in the title, by striking ‘‘BIENNIAL’’; 
(2) in subsection (a), by striking ‘‘Biennial management’’ 
and inserting ‘‘Management’’; 
(3) in subsection (a), by striking ‘‘States.’’ and inserting 
‘‘States every five years.’’; and 
(4) in subsection (b)(6), by striking ‘‘2’’ and inserting ‘‘5’’. 
SEC. 817. Except as expressly provided otherwise, any reference 
to ‘‘this Act’’ contained in this title or in title IV shall be treated 
as referring only to the provisions of this title or of title IV. 
This division may be cited as the ‘‘Financial Services and Gen-
eral 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 Home-
land Security, as authorized by section 102 of the Homeland Secu-
rity 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 inter-
national 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 avail-
able until March 30, 2012, for the Office of Counternarcotics 
Enforcement, of which up to $1,800,000 may, notwithstanding sec-
tion 503 of this Act, be transferred to the Office of Policy: Provided 
further, That amounts transferred pursuant to the preceding proviso 
shall remain available until September 30, 2012: Provided further, 
Deadline. 
Expenditure 
plan. 
Department of 
Homeland 
Security 
Appropriations 
Act, 2012. 
118 Stat. 1352. 
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125 STAT. 944 
PUBLIC LAW 112–74—DEC. 23, 2011 
That the Assistant Secretary for Policy shall submit to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives 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 fur-
ther, That $30,000,000 shall not be available for obligation until 
the Secretary of Homeland Security submits to the Committees 
on Appropriations of the Senate and the House of Representatives 
a comprehensive plan for implementation of the biometric air exit 
system, as mandated in Public Law 110–53, including the estimated 
costs of implementation. 
OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT 
For necessary expenses of the Office of the Under Secretary 
for Management, as authorized by sections 701 through 705 of 
the Homeland Security Act of 2002 (6 U.S.C. 341 through 345), 
$235,587,000, of which not to exceed $2,500 shall be for official 
reception and representation expenses: Provided, That of the total 
amount made available under this heading, $5,000,000 shall remain 
available until September 30, 2016, solely for the alteration and 
improvement of facilities, tenant improvements, and relocation costs 
to consolidate Department headquarters operations at the Nebraska 
Avenue Complex; and $14,172,000 shall remain available until Sep-
tember 30, 2014, for the Human Resources Information Technology 
program: Provided further, That the Under Secretary for Manage-
ment 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 invest-
ments, $257,300,000; of which $105,500,000 shall be available for 
salaries and expenses; and of which $151,800,000, to remain avail-
able until September 30, 2014, shall be available for development 
and acquisition of information technology equipment, software, serv-
ices, and related activities for the Department of Homeland Secu-
rity: Provided, That the Department of Homeland Security Chief 
Information Officer shall submit to the Committees on Appropria-
tions of the Senate and the House of Representatives, at the time 
that the President’s budget is submitted each year under section 
1105(a) of title 31, United States Code, a multi-year investment 
and management plan, to include each of fiscal years 2012 through 
Deadline. 
Plans. 
Reports. 
Deadlines. 
Comprehensive 
plan. 
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125 STAT. 945 
PUBLIC LAW 112–74—DEC. 23, 2011 
2015, for all information technology acquisition projects funded 
under this heading or funded by multiple components of the Depart-
ment of Homeland Security through reimbursable agreements, that 
includes— 
(1) the proposed appropriations included for each project 
and activity tied to mission requirements, program manage-
ment 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 under-
way; 
(3) a detailed accounting of operations and maintenance 
and contractor services costs; and 
(4) a current acquisition program baseline for each project, 
that— 
(A) notes and explains any deviations in cost, perform-
ance parameters, schedule, or estimated date of completion 
from the original acquisition program baseline; 
(B) aligns the acquisition programs covered by the 
baseline to mission requirements by defining existing 
capabilities, identifying known capability gaps between 
such existing capabilities and stated mission requirements, 
and explaining how each increment will address such 
known capability gaps; and 
(C) defines life-cycle costs for such programs. 
ANALYSIS AND OPERATIONS 
For necessary expenses for intelligence analysis and operations 
coordination activities, as authorized by title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.), $338,068,000; of which 
not to exceed $4,250 shall be for official reception and representation 
expenses; and of which $141,521,000 shall remain available until 
September 30, 2013. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 
(5 U.S.C. App.), $117,000,000, of which not to exceed $300,000 
may be used for certain confidential operational expenses, including 
the payment of informants, to be expended at the direction of 
the Inspector General. 
TITLE II 
SECURITY, ENFORCEMENT, AND INVESTIGATIONS 
U.S. CUSTOMS AND BORDER PROTECTION 
SALARIES AND EXPENSES 
For necessary expenses for enforcement of laws relating to 
border security, immigration, customs, agricultural inspections and 
regulatory activities related to plant and animal imports, and 
transportation of unaccompanied minor aliens; purchase and lease 
of up to 7,500 (6,500 for replacement only) police-type vehicles; 
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125 STAT. 946 
PUBLIC LAW 112–74—DEC. 23, 2011 
and contracting with individuals for personal services abroad; 
$8,680,118,000; of which $3,274,000 shall be derived from the 
Harbor Maintenance Trust Fund for administrative expenses 
related to the collection of the Harbor Maintenance Fee pursuant 
to section 9505(c)(3) of the Internal Revenue Code of 1986 (26 
U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the 
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which not 
to exceed $38,250 shall be for official reception and representation 
expenses; of which not less than $287,901,000 shall be for Air 
and Marine Operations; of which such sums as become available 
in the Customs User Fee Account, except sums subject to section 
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account; 
of which not to exceed $150,000 shall be available for payment 
for rental space in connection with preclearance operations; of which 
not to exceed $1,000,000 shall be for awards of compensation to 
informants, to be accounted for solely under the certificate of the 
Secretary of Homeland Security: Provided, That for fiscal year 
2012, the overtime limitation prescribed in section 5(c)(1) of the 
Act of February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; 
and notwithstanding any other provision of law, none of the funds 
appropriated by this Act may be available to compensate any 
employee of U.S. Customs and Border Protection for overtime, from 
whatever source, in an amount that exceeds such limitation, except 
in individual cases determined by the Secretary of Homeland Secu-
rity, or the designee of the Secretary, to be necessary for national 
security purposes, to prevent excessive costs, or in cases of immigra-
tion 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 inspec-
tion and detection technology supporting operations under this 
heading, including all non-intrusive inspection and radiation detec-
tion technology, that provides— 
(1) the funding level for all inspection and detection tech-
nology equipment by source; 
(2) the inventory of inspection and detection technology 
equipment by type and age; 
(3) the proposed appropriations for procurement of inspec-
tion 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 com-
parable legacy technology assets, identifying known capa-
bility gaps between such existing capabilities and stated 
mission requirements, and explaining how the acquisition 
of each technology will address such known capability gaps; 
Plans. 
Deadline. 
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125 STAT. 947 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 recapi-
talize. 
AUTOMATION MODERNIZATION 
For expenses for U.S. Customs and Border Protection auto-
mated systems, $334,275,000, to remain available until September 
30, 2014, of which not less than $140,000,000 shall be for the 
development of the Automated Commercial Environment: Provided, 
That of the total amount made available under this heading, 
$25,000,000 may not be obligated for the Automated Commercial 
Environment program until the Commissioner of U.S. Customs 
and Border Protection submits to the Committees on Appropriations 
of the Senate and the House of Representatives, not later than 
60 days after the date of enactment of this Act, an expenditure 
plan for the Automated Commercial Environment program 
including results to date, plans for the program, and a list of 
projects with associated funding from prior appropriations and pro-
vided 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 Commit-
tees on Appropriations of the Senate and the House of Representa-
tives receive a detailed plan for expenditure, prepared by the 
Commissioner of U.S. Customs and Border Protection, and sub-
mitted 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 bar-
riers, 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 tac-
tical infrastructure or technology deployment will address such 
known capability gaps; and 
Deadline. 
Plans. 
Expenditure 
plan. 
Deadline. 
Deadline. 
Expenditure 
plan. 
Project list. 
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125 STAT. 948 
PUBLIC LAW 112–74—DEC. 23, 2011 
(3) a current acquisition program baseline that— 
(A) notes and explains any deviations in cost, perform-
ance parameters, schedule, or estimated date of completion 
from the most recent acquisition program baseline 
approved by the Department of Homeland Security Acquisi-
tion Review Board; 
(B) includes a phase-out and life-cycle recapitalization 
schedule delineated by fiscal year for existing and new 
tactical infrastructure and technology deployments that 
each deployment is intended to replace or recapitalize; 
and 
(C) includes qualitative performance metrics that 
assess the effectiveness of new and existing tactical infra-
structure and technology deployments and inform the next 
multi-year investment and management plan related to 
achieving operational control of the Northern and South-
west 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 oper-
ations 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 avail-
able 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 dam-
aged beyond repair, shall be transferred to any other Federal 
agency, department, or office outside of the Department of Home-
land 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 Home-
land Security shall report to the Committees on Appropriations 
of the Senate and the House of Representatives, not later than 
90 days after the date of enactment of this Act, on the update 
to the 5-year strategic plan for the air and marine program directed 
in conference report 109–241 accompanying Public Law 109–90 
that addresses missions, structure, operations, equipment, facilities, 
and resources including deployment and command and control 
requirements, and includes a recapitalization plan with milestones 
and funding, and a detailed staffing plan with associated costs 
to achieve full staffing to meet all mission requirements. 
CONSTRUCTION AND FACILITIES MANAGEMENT 
For necessary expenses to plan, acquire, construct, renovate, 
equip, furnish, operate, manage, and maintain buildings, facilities, 
and related infrastructure necessary for the administration and 
enforcement of the laws relating to customs, immigration, and 
Reports. 
Deadline. 
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125 STAT. 949 
PUBLIC LAW 112–74—DEC. 23, 2011 
border security, $236,596,000, to remain available until September 
30, 2016: Provided, That for fiscal year 2012 and thereafter, the 
annual budget submission of U.S. Customs and Border Protection 
for ‘‘Construction and Facilities Management’’ shall, in consultation 
with the General Services Administration, include a detailed 5- 
year plan for all Federal land border port of entry projects with 
a yearly update of total projected future funding needs delineated 
by land port of entry: Provided further, That the Commissioner 
of U.S. Customs and Border Protection shall submit to the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives, 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 Protec-
tion 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 avail-
able 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 emer-
gencies: 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: Pro-
vided further, That the Assistant Secretary of Homeland Security 
for U.S. Immigration and Customs Enforcement shall report to 
Reports. 
Deadlines. 
Waiver authority. 
Deadline. 
Inventory. 
Plans. 
Plans. 
Deadline. 
6 USC 214 note. 
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125 STAT. 950 
PUBLIC LAW 112–74—DEC. 23, 2011 
the Committees on Appropriations of the Senate and the House 
of Representatives, not later than 45 days after the end of each 
quarter of the fiscal year, on progress in implementing the preceding 
proviso and the funds obligated during that quarter to make such 
progress: Provided further, That the Secretary of Homeland Security 
shall prioritize the identification and removal of aliens convicted 
of a crime by the severity of that crime: Provided further, That 
funding made available under this heading shall maintain a level 
of not less than 34,000 detention beds through September 30, 2012: 
Provided further, That of the total amount provided, not less than 
$2,750,843,000 is for detention and removal operations, including 
transportation of unaccompanied minor aliens: Provided further, 
That of the total amount provided, $10,300,000 shall remain avail-
able 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 agree-
ment 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 ‘‘ade-
quate’’ or the equivalent median score in any subsequent perform-
ance evaluation system: Provided further, That nothing under this 
heading shall prevent U.S. Immigration and Customs Enforcement 
from exercising those authorities provided under immigration laws 
(as defined in section 101(a)(17) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(17))) during priority operations pertaining 
to aliens convicted of a crime. 
AUTOMATION MODERNIZATION 
For expenses of immigration and customs enforcement auto-
mated systems, $21,710,000, to remain available until September 
30, 2016. 
TRANSPORTATION SECURITY ADMINISTRATION 
AVIATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration 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 enforce-
ment: Provided further, That of the amount made available in 
the preceding proviso for explosives detection systems, $222,738,000 
shall be available for the purchase and installation of these systems, 
of which not less than 10 percent shall be available for the purchase 
and installation of certified explosives detection systems at medium- 
Contracts. 
Determination. 
Detention beds. 
Aliens. 
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125 STAT. 951 
PUBLIC LAW 112–74—DEC. 23, 2011 
and small-sized airports: Provided further, That any award to deploy 
explosives detection systems shall be based on risk, the airport’s 
current reliance on other screening solutions, lobby congestion 
resulting in increased security concerns, high injury rates, airport 
readiness, and increased cost effectiveness: Provided further, That 
security service fees authorized under section 44940 of title 49, 
United States Code, shall be credited to this appropriation as offset-
ting collections and shall be available only for aviation security: 
Provided further, That the sum appropriated under this heading 
from the general fund shall be reduced on a dollar-for-dollar basis 
as such offsetting collections are received during fiscal year 2012 
so as to result in a final fiscal year appropriation from the general 
fund estimated at not more than $3,223,956,000: Provided further, 
That any security service fees collected in excess of the amount 
made available under this heading shall become available during 
fiscal year 2013: Provided further, That notwithstanding section 
44923 of title 49, United States Code, for fiscal year 2012, any 
funds in the Aviation Security Capital Fund established by section 
44923(h) of title 49, United States Code, may be used for the 
procurement and installation of explosives detection systems or 
for the issuance of other transaction agreements for the purpose 
of funding projects described in section 44923(a): Provided further, 
That none of the funds made available in this Act may be used 
for any recruiting or hiring of personnel into the Transportation 
Security Administration that would cause the agency to exceed 
a staffing level of 46,000 full-time equivalent screeners: Provided 
further, That the preceding proviso shall not apply to personnel 
hired as part-time employees: Provided further, That not later than 
90 days after the date of enactment of this Act, the Secretary 
of Homeland Security shall submit to the Committees on Appropria-
tions 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 tech-
nologies 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 Sec-
retary, Deputy Secretary, Under Secretaries, and Assistant Secre-
taries of the Department of Homeland Security; the United States 
Attorney General, Deputy Attorney General, Assistant Attorneys 
General, and the United States Attorneys; and senior members 
of the Executive Office of the President, including the Director 
of the Office of Management and Budget, shall not be exempt 
from Federal passenger and baggage screening. 
Deadline. 
Reports. 
Fees. 
Explosives 
detection 
systems. 
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125 STAT. 952 
PUBLIC LAW 112–74—DEC. 23, 2011 
SURFACE TRANSPORTATION SECURITY 
For necessary expenses of the Transportation Security Adminis-
tration related to surface transportation security activities, 
$134,748,000, to remain available until September 30, 2013. 
TRANSPORTATION THREAT ASSESSMENT AND CREDENTIALING 
For necessary expenses for the development and implementa-
tion 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 Adminis-
tration 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 Adminis-
trator 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 sub-
mitted 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 sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985; of which $24,500,000 shall be derived from 
the Oil Spill Liability Trust Fund to carry out the purposes of 
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
Deadline. 
Expenditure 
plans. 
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125 STAT. 953 
PUBLIC LAW 112–74—DEC. 23, 2011 
2712(a)(5)); and of which not to exceed $17,000 shall be for official 
reception and representation expenses: Provided, That none of the 
funds made available by this Act shall be for expenses incurred 
for recreational vessels under section 12114 of title 46, United 
States Code, except to the extent fees are collected from owners 
of yachts and credited to this appropriation: Provided further, That 
the Coast Guard shall comply with the requirements of section 
527 of the National Defense Authorization Act for Fiscal Year 
2004 (10 U.S.C. 4331 note) with respect to the Coast Guard 
Academy: Provided further, That of the funds provided under this 
heading, $75,000,000 shall be withheld from obligation for Coast 
Guard Headquarters Directorates until a revised future-years cap-
ital 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 Appro-
priations 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 compli-
ance 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 author-
ized 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 avail-
able 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 avail-
able until September 30, 2016, for shore facilities and aids to 
navigation, including waterfront facilities at Navy installations used 
by the Coast Guard; of which $110,192,000 shall be available for 
Investment plan. 
Compliance. 
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125 STAT. 954 
PUBLIC LAW 112–74—DEC. 23, 2011 
personnel compensation and benefits and related costs: Provided, 
That the funds provided by this Act shall be immediately available 
and allotted to contract for long lead time materials, components, 
and designs for the sixth National Security Cutter notwithstanding 
the availability of funds for production costs or post-production 
costs: Provided further, That the Secretary of Homeland Security 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives, at the time that the President’s 
budget is submitted each year under section 1105(a) of title 31, 
United States Code, a future-years capital investment plan for 
the Coast Guard that identifies for each requested capital asset— 
(1) the proposed appropriations included in that budget; 
(2) the total estimated cost of completion, including and 
clearly delineating the costs of associated major acquisition 
systems infrastructure and transition to operations; 
(3) projected funding levels for each fiscal year for the 
next 5 fiscal years or until acquisition program baseline or 
project completion, whichever is earlier; 
(4) an estimated completion date at the projected funding 
levels; and 
(5) a current acquisition program baseline for each capital 
asset, as applicable, that— 
(A) includes the total acquisition cost of each asset, 
subdivided by fiscal year and including a detailed descrip-
tion 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 nec-
essary training, shore infrastructure, and logistics; 
(C) notes and explains any deviations in cost, perform-
ance parameters, schedule, or estimated date of completion 
from the original acquisition program baseline and the 
most recent baseline approved by the Department of Home-
land Security’s Acquisition Review Board, if applicable; 
(D) aligns the acquisition of each asset to mission 
requirements by defining existing capabilities of com-
parable 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 infra-
structure and transition to operations, delineated by pur-
pose and fiscal year for the projected service life of the 
asset; 
(F) includes the earned value management system 
summary schedule performance index and cost performance 
index for each asset, if applicable; and 
Deadline. 
Investment plan. 
14 USC 663 note. 
Contracts. 
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125 STAT. 955 
PUBLIC LAW 112–74—DEC. 23, 2011 
(G) includes a phase-out and decommissioning schedule 
delineated by fiscal year for each existing legacy asset 
that each asset is intended to replace or recapitalize: 
Provided further, That the Secretary of Homeland Security shall 
ensure that amounts specified in the future-years capital investment 
plan are consistent, to the maximum extent practicable, with pro-
posed 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, develop-
ment, 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 appropria-
tion 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 con-
trol, as may be necessary to perform protective functions; payment 
of per diem or subsistence allowances to employees in cases in 
which a protective assignment on the actual day or days of the 
visit of a protectee requires an employee to work 16 hours per 
day or to remain overnight at a post of duty; conduct of and 
Applicability. 
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125 STAT. 956 
PUBLIC LAW 112–74—DEC. 23, 2011 
participation in firearms matches; presentation of awards; travel 
of United States Secret Service employees on protective missions 
without regard to the limitations on such expenditures in this 
or any other Act if approval is obtained in advance from the 
Committees on Appropriations of the Senate and the House of 
Representatives; research and development; grants to conduct 
behavioral research in support of protective research and operations; 
and payment in advance for commercial accommodations as may 
be necessary to perform protective functions; $1,661,237,000, of 
which not to exceed $21,250 shall be for official reception and 
representation expenses; of which not to exceed $100,000 shall 
be to provide technical assistance and equipment to foreign law 
enforcement organizations in counterfeit investigations; of which 
$2,366,000 shall be for forensic and related support of investigations 
of missing and exploited children; and of which $6,000,000 shall 
be for a grant for activities related to investigations of missing 
and exploited children and shall remain available until September 
30, 2013: Provided, That up to $18,000,000 for protective travel 
shall remain available until September 30, 2013: Provided further, 
That up to $19,307,000 for National Special Security Events shall 
remain available until September 30, 2013: Provided further, That 
the United States Secret Service is authorized to obligate funds 
in anticipation of reimbursements from Federal agencies and enti-
ties, 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 Sep-
tember 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 Secu-
rity 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 appropria-
tions Acts may be obligated for the purpose of opening a new 
permanent domestic or overseas office or location unless the 
Committees on Appropriations of the Senate and the House of 
Representatives are notified 15 days in advance of such obligation. 
Notification. 
Deadline. 
Reports. 
Certification. 
Waiver authority. 
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125 STAT. 957 
PUBLIC LAW 112–74—DEC. 23, 2011 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS, AND RELATED 
EXPENSES 
For necessary expenses for acquisition, construction, repair, 
alteration, and improvement of facilities, $5,380,000, to remain 
available until September 30, 2016. 
TITLE III 
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY 
NATIONAL PROTECTION AND PROGRAMS DIRECTORATE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Office of the Under Secretary 
for the National Protection and Programs Directorate, support for 
operations, information technology, and the Office of Risk Manage-
ment 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 Sec-
retary 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 reprogram-
ming 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 Appropria-
tions 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 oper-
ations of the Federal Protective Service will be fully funded in 
fiscal year 2012 through revenues and collection of security fees, 
Certification. 
Deadline. 
Expenditure 
plan. 
Deadline. 
Deadline. 
Notification. 
Deadline. 
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125 STAT. 958 
PUBLIC LAW 112–74—DEC. 23, 2011 
and shall adjust the fees to ensure fee collections are sufficient 
to ensure that the Federal Protective Service maintains not fewer 
than 1,371 full-time equivalent staff and 1,007 full-time equivalent 
Police Officers, Inspectors, Area Commanders, and Special Agents 
who, while working, are directly engaged on a daily basis protecting 
and enforcing laws at Federal buildings (referred to as ‘‘in-service 
field staff’’): Provided further, That an expenditure plan for fiscal 
year 2012 shall be provided to the Committees on Appropriations 
of the Senate and the House of Representatives not later than 
60 days after the date of enactment of this Act: Provided further, 
That the Director of the Federal Protective Service shall include 
with the submission of the President’s fiscal year 2013 budget 
a strategic human capital plan that aligns fee collections to per-
sonnel 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 bio-
graphic entry-exit capabilities: Provided, That of the total amount 
made available under this heading, $194,295,000 is to remain avail-
able 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 invest-
ment 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 Govern-
ment, and detailing any deviations in cost, performance, 
schedule, or estimated date of completion provided in the prior 
fiscal year expenditure or investment and management plan; 
and 
(3) a detailed accounting of operations and maintenance, 
contractor services, and program costs associated with the 
management of identity services. 
Deadline. 
Plans. 
Strategic plan. 
Expenditure 
plan. 
Deadline. 
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125 STAT. 959 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 protec-
tion: 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 Home-
land 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 Manage-
ment 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 Adminis-
trator 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, coordina-
tion, execution, and decision making related to mass evacuation 
during a disaster, the Governors of the State of West Virginia 
and the Commonwealth of Pennsylvania, or their designees, shall 
be incorporated into efforts to integrate the activities of Federal, 
State, and local governments in the National Capital Region, as 
defined in section 882 of the Homeland Security Act of 2002 (Public 
Law 107–296): Provided further, That of the total amount made 
available under this heading, $41,250,000 shall be for the Urban 
Search and Rescue Response System, of which not to exceed 
$1,600,000 may be made available for administrative costs; 
$5,493,000 shall be for the Office of National Capital Region 
Coordination; not to exceed $12,000,000 shall remain available until 
Disaster 
evacuation. 
West Virginia. 
Pennsylvania. 
Reports. 
Comprehensive 
plan. 
Expenditure 
plan. 
Deadline. 
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125 STAT. 960 
PUBLIC LAW 112–74—DEC. 23, 2011 
September 30, 2013, for capital improvements at the Mount 
Weather Emergency Operations Center; and not less than 
$13,662,000 shall be for expenses related to modernization of auto-
mated 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, pro-
gram 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 capa-
bility 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 activi-
ties, $1,349,681,000, which shall be distributed, according to threat, 
vulnerability, and consequence, at the discretion of the Secretary 
of Homeland Security based on the following authorities: 
(1) The State Homeland Security Grant Program under 
section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 
605): Provided, That notwithstanding subsection (c)(4) of such 
section 2004, for fiscal year 2012, the Commonwealth of Puerto 
Rico shall make available to local and tribal governments 
amounts provided to the Commonwealth of Puerto Rico under 
this paragraph in accordance with subsection (c)(1) of such 
section 2004. 
(2) The Urban Area Security Initiative under section 2003 
of the Homeland Security Act of 2002 (6 U.S.C. 604). 
Puerto Rico. 
Strategic plan. 
Deadline. 
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125 STAT. 961 
PUBLIC LAW 112–74—DEC. 23, 2011 
(3) The Metropolitan Medical Response System under sec-
tion 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 Imple-
menting 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 accord-
ance 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 Assist-
ance 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 emer-
gency 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 administra-
tion: Provided further, That for grants under paragraphs (1) and 
(2), the installation of communication towers is not considered 
construction of a building or other physical facility: Provided further, 
That grantees shall provide reports on their use of funds, as deter-
mined necessary by the Secretary of Homeland Security: Provided 
further, That in fiscal year 2012: (a) the Center for Domestic 
Preparedness may provide training to emergency response providers 
Reports. 
Determination. 
Grants. 
Deadlines. 
Security 
assistance. 
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125 STAT. 962 
PUBLIC LAW 112–74—DEC. 23, 2011 
from the Federal Government, foreign governments, or private enti-
ties, if the Center for Domestic Preparedness is reimbursed for 
the cost of such training, and any reimbursement under this sub-
section 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 Prepared-
ness 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 Manage-
ment 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 perform-
ance 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 Appro-
priations 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 pro-
gram 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 adminis-
trative costs of collecting such fees: Provided further, That fees 
received under this heading shall be deposited in this account 
as offsetting collections and will become available for authorized 
purposes on October 1, 2012, and remain available until expended. 
Effective date. 
Fees. 
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125 STAT. 963 
PUBLIC LAW 112–74—DEC. 23, 2011 
UNITED STATES FIRE ADMINISTRATION 
For necessary expenses of the United States Fire Administra-
tion 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 Manage-
ment Agency shall submit to such Committees a quarterly report 
detailing obligations against the expenditure plan and a justification 
for any changes from the initial plan: Provided further, That the 
matter under this heading in title III of division E of Public Law 
110–161 is amended by striking the fourth proviso: Provided further, 
That the Administrator of the Federal Emergency Management 
Agency shall submit to the Committees on Appropriations of the 
Senate and the House of Representatives the following reports, 
including a specific description of the methodology and the source 
data used in developing such reports: 
(1) an estimate of the following amounts shall be submitted 
for the budget year at the time that the President’s budget 
is submitted each year under section 1105(a) of title 31, United 
States Code: 
(A) the unobligated balance of funds to be carried 
over from the prior fiscal year to the budget year; 
(B) the unobligated balance of funds to be carried 
over from the budget year to the budget year plus 1; 
(C) the amount of obligations for non-catastrophic 
events for the budget year; 
(D) the amount of obligations for the budget year for 
catastrophic events delineated by event and by State; 
(E) the total amount that has been previously obligated 
or will be required for catastrophic events delineated by 
event and by State for all prior years, the current year, 
the budget year, the budget year plus 1, the budget year 
plus 2, and the budget year plus 3 and beyond; 
(F) the amount of previously obligated funds that will 
be recovered for the budget year; 
(G) the amount that will be required for obligations 
for emergencies, as described in section 102(1) of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5122(1)), major disasters, as described in section 
42 USC 5208. 
Reports. 
Deadlines. 
Reports. 
Expenditure 
plan. 
Deadline. 
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125 STAT. 964 
PUBLIC LAW 112–74—DEC. 23, 2011 
102(2) of the Robert T. Stafford Disaster Relief and Emer-
gency 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, alloca-
tions, 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 obli-
gated for fire assistance, emergencies, surge, and dis-
aster support activities; 
(iii) the obligations for catastrophic events delin-
eated by event and by State; and 
(iv) the amount of previously obligated funds that 
are recovered; 
(C) a summary of allocations, obligations, and expendi-
tures 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 Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5162), 
$295,000 is for the cost of direct loans: Provided, That gross obliga-
tions for the principal amount of direct loans shall not exceed 
$25,000,000: Provided further, That the cost of modifying such 
loans shall be as defined in section 502 of the Congressional Budget 
Act of 1974 (2 U.S.C. 661a). 
FLOOD HAZARD MAPPING AND RISK ANALYSIS PROGRAM 
For necessary expenses, including administrative costs, under 
section 1360 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4101), $97,712,000, and such additional sums as may be provided 
by State and local governments or other political subdivisions for 
cost-shared mapping activities under section 1360(f)(2) of such Act 
(42 U.S.C. 4101(f)(2)), to remain available until expended. 
NATIONAL FLOOD INSURANCE FUND 
For activities under the National Flood Insurance Act of 1968 
(42 U.S.C. 4001 et seq.) and the Flood Disaster Protection Act 
of 1973 (42 U.S.C. 4001 et seq.), $171,000,000, which shall be 
derived from offsetting collections assessed and collected under 
Deadlines. 
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125 STAT. 965 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 avail-
able 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 sec-
tion 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 supple-
ment 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 Assist-
ance Act (42 U.S.C. 5133), $35,500,000, to remain available until 
expended: Provided, That the total administrative costs associated 
with such grants shall not exceed $3,000,000 of the total amount 
made available under this heading. 
EMERGENCY FOOD AND SHELTER 
To carry out the emergency food and shelter program pursuant 
to title III of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11331 et seq.), $120,000,000, to remain available until 
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125 STAT. 966 
PUBLIC LAW 112–74—DEC. 23, 2011 
expended: Provided, That total administrative costs shall not exceed 
3.5 percent of the total amount made available under this heading. 
TITLE IV 
RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES 
UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES 
For necessary expenses for citizenship and immigration serv-
ices, $102,424,000 for the E-Verify Program, as described in section 
403(a) of the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1324a note), to assist United States 
employers with maintaining a legal workforce: Provided, That not-
withstanding 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 per-
sonal 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 obliga-
tions at the end of the fiscal year shall not exceed total budgetary 
resources available at the end of the fiscal year: Provided further, 
That section 1202(a) of Public Law 107–206 (42 U.S.C. 3771 note), 
as amended by Public Law 111–83 (123 Stat. 2166), is further 
amended by striking ‘‘December 31, 2012’’ and inserting ‘‘December 
31, 2014’’: Provided further, That the Director of the Federal Law 
Enforcement Training Center shall schedule basic or advanced law 
enforcement training, or both, at all four training facilities under 
the control of the Federal Law Enforcement Training Center to 
ensure that such training facilities are operated at the highest 
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125 STAT. 967 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 accredita-
tion 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 facili-
ties, 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 Home-
land 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 evalua-
tion, 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 facili-
ties. 
DOMESTIC NUCLEAR DETECTION OFFICE 
MANAGEMENT AND ADMINISTRATION 
For salaries and expenses of the Domestic Nuclear Detection 
Office, as authorized by title XIX of the Homeland Security Act 
of 2002 (6 U.S.C. 591 et seq.), for management and administration 
of programs and activities, $38,000,000: Provided, That not to 
exceed $2,500 shall be for official reception and representation 
expenses: Provided further, That not later than 180 days after 
the date of enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committees on Appropriations of the 
Deadline. 
Strategic plan. 
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125 STAT. 968 
PUBLIC LAW 112–74—DEC. 23, 2011 
Senate and the House of Representatives a strategic plan of invest-
ments necessary to implement the Department of Homeland Secu-
rity’s responsibilities under the domestic component of the global 
nuclear detection architecture that shall: 
(1) define each Departmental entity’s roles and responsibil-
ities in support of the domestic detection architecture, including 
any existing or planned programs to pre-screen cargo or convey-
ances 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 architec-
ture 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 time-
frames, and estimates of feasibility and cost effectiveness; and 
(4) explain how the Department’s research and develop-
ment 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 acquisi-
tion 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 re-
programming of funds that: 
(1) creates a new program, project, or activity; 
(2) eliminates a program, project, office, or activity; 
Notifications. 
Deadlines. 
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125 STAT. 969 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Depart-
ment 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 Appropria-
tions Acts. 
SEC. 504. The Department of Homeland Security Working Cap-
ital Fund, established pursuant to section 403 of Public Law 103– 
356 (31 U.S.C. 501 note), shall continue operations as a permanent 
working capital fund for fiscal year 2012: Provided, That none 
of the funds appropriated or otherwise made available to the Depart-
ment of Homeland Security may be used to make payments to 
Applicability. 
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125 STAT. 970 
PUBLIC LAW 112–74—DEC. 23, 2011 
the Working Capital Fund, except for the activities and amounts 
allowed in the President’s fiscal year 2012 budget: Provided further, 
That funds provided to the Working Capital Fund shall be available 
for obligation until expended to carry out the purposes of the 
Working Capital Fund: Provided further, That all departmental 
components shall be charged only for direct usage of each Working 
Capital Fund service: Provided further, That funds provided to 
the Working Capital Fund shall be used only for purposes consistent 
with the contributing component: Provided further, That the 
Working Capital Fund shall be paid in advance or reimbursed 
at rates which will return the full cost of each service: Provided 
further, That the Working Capital Fund shall be subject to the 
requirements of section 503 of this Act. 
SEC. 505. Except as otherwise specifically provided by law, 
not to exceed 50 percent of unobligated balances remaining available 
at the end of fiscal year 2012 from appropriations for salaries 
and expenses for fiscal year 2012 in this Act shall remain available 
through September 30, 2013, in the account and for the purposes 
for which the appropriations were provided: Provided, That prior 
to the obligation of such funds, a request shall be submitted to 
the Committees on Appropriations of the Senate and the House 
of Representatives for approval in accordance with section 503 
of this Act. 
SEC. 506. Funds made available by this Act for intelligence 
activities are deemed to be specifically authorized by the Congress 
for purposes of section 504 of the National Security Act of 1947 
(50 U.S.C. 414) during fiscal year 2012 until the enactment of 
an Act authorizing intelligence activities for fiscal year 2012. 
SEC. 507. (a) Except as provided in subsections (b) and (c), 
none of the funds made available by this Act may be used to— 
(1) make or award a grant allocation, grant, contract, other 
transaction agreement, task or delivery order on a Department 
of Homeland Security multiple award contract, or to issue 
a letter of intent totaling in excess of $1,000,000; 
(2) award a task or delivery order requiring an obligation 
of funds in an amount greater than $10,000,000 from multi- 
year Department of Homeland Security funds or a task or 
delivery order that would cause cumulative obligations of multi- 
year funds in a single account to exceed 50 percent of the 
total amount appropriated; or 
(3) announce publicly the intention to make or award items 
under paragraph (1) or (2), including a contract covered by 
the Federal Acquisition Regulation. 
(b) The Secretary of Homeland Security may waive the prohibi-
tion under subsection (a) if the Secretary notifies the Committees 
on Appropriations of the Senate and the House of Representatives 
at least 3 full business days in advance of making an award or 
issuing a letter as described in that subsection. 
(c) If the Secretary of Homeland Security determines that 
compliance with this section would pose a substantial risk to human 
life, health, or safety, an award may be made without notification, 
and the Secretary shall notify the Committees on Appropriations 
of the Senate and the House of Representatives not later than 
5 full business days after such an award is made or letter issued. 
(d) A notification under this section— 
(1) may not involve funds that are not available for obliga-
tion; and 
Waiver authority. 
Grants. 
Contracts. 
Notifications. 
Deadlines. 
Approval request. 
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125 STAT. 971 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Enforce-
ment 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 develop-
ment of a proposed prospectus. 
SEC. 510. Sections 520, 522, and 530, of the Department of 
Homeland Security Appropriations Act, 2008 (division E of Public 
Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect 
to funds made available in this Act in the same manner as such 
sections applied to funds made available in that Act. 
SEC. 511. None of the funds made available in this Act may 
be used in contravention of the applicable provisions of the Buy 
American Act (41 U.S.C. 10a et seq.). 
SEC. 512. None of the funds made available in this Act may 
be used by any person other than the Privacy Officer appointed 
under subsection (a) of section 222 of the Homeland Security Act 
of 2002 (6 U.S.C. 142(a)) to alter, direct that changes be made 
to, delay, or prohibit the transmission to Congress of any report 
prepared under paragraph (6) of such subsection. 
SEC. 513. None of the funds made available in this Act may 
be used to amend the oath of allegiance required by section 337 
of the Immigration and Nationality Act (8 U.S.C. 1448). 
SEC. 514. Within 45 days after the end of each month, the 
Chief Financial Officer of the Department of Homeland Security 
shall submit to the Committees on Appropriations of the Senate 
and the House of Representatives a monthly budget and staffing 
report for that month that includes total obligations, on-board 
versus funded full-time equivalent staffing levels, and the number 
of contract employees for each office of the Department. 
SEC. 515. None of the funds appropriated by this Act may 
be used to process or approve a competition under Office of Manage-
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 Serv-
ices of the Department of Homeland Security who are known as 
of that date as Immigration Information Officers, Contact Rep-
resentatives, or Investigative Assistants. 
Deadlines. 
Budget. 
Reports. 
Applicability. 
Contracts. 
Briefing. 
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125 STAT. 972 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 516. Except as provided in section 44945 of title 49, 
United States Code, funds appropriated or transferred to Transpor-
tation Security Administration ‘‘Aviation Security’’, ‘‘Administra-
tion’’, 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 nego-
tiation, 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 Finan-
cial 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 Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 
252a(a)); or 
(4) by another Federal agency using funds provided through 
an interagency agreement. 
(c)(1) Subject to paragraph (2), the Secretary of Homeland 
Security may waive the application of this section for the award 
of a contract in the interest of national security or if failure to 
do so would pose a substantial risk to human health or welfare. 
(2) Not later than 5 days after the date on which the Secretary 
of Homeland Security issues a waiver under this subsection, the 
Secretary shall submit notification of that waiver to the Committees 
on Appropriations of the Senate and the House of Representatives, 
including a description of the applicable contract to which the 
waiver applies and an explanation of why the waiver authority 
was used: Provided, That the Secretary may not delegate the 
authority to grant such a waiver. 
Deadline. 
Notification. 
Waiver authority. 
Grants. 
Contracts. 
Classified 
information. 
Deadlines. 
Reports. 
Notification. 
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125 STAT. 973 
PUBLIC LAW 112–74—DEC. 23, 2011 
(d) In addition to the requirements established by subsections 
(a), (b), and (c) of this section, the Inspector General of the Depart-
ment 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 regula-
tions: 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 Depart-
ment 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 appro-
priations 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 manage-
ment, 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 Presi-
dent issues a declaration under section 401 or section 501 
of the Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170 and 5191, respectively), the Secretary 
of Homeland Security shall submit a notification of the appoint-
ment of the Principal Federal Official and a description of 
the responsibilities of such Official and how such responsibil-
ities 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 Govern-
mental Affairs Committee of the Senate; and 
(3) Not later than 60 days after the date of enactment 
of this Act, the Secretary shall provide a report specifying 
timeframes and milestones regarding the update of operations, 
planning and policy documents, and training and exercise proto-
cols, 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 Adminis-
trator of the Transportation Security Administration reverses the 
determination of July 19, 2007, that butane lighters are not a 
significant threat to civil aviation security. 
Butane lighters. 
Reports. 
Notification. 
Deadlines. 
Reports. 
Deadline. 
Reviews. 
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125 STAT. 974 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 523. None of the funds provided or otherwise made avail-
able 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 sub-
sections (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 Sec-
retary of Homeland Security, after consultation with the Secretaries 
of the Departments of Energy and Transportation and representa-
tives from the United States flag maritime industry, takes adequate 
measures to ensure the use of United States flag vessels: Provided, 
That the Secretary shall notify the Committees on Appropriations 
of the Senate and the House of Representatives, the Committee 
on Commerce, Science, and Transportation of the Senate, and the 
Committee on Transportation and Infrastructure of the House of 
Representatives within 48 hours of any request for waivers of 
navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b). 
Notification. 
Deadline. 
Contracts. 
Fees. 
Equine. 
6 USC 453c. 
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125 STAT. 975 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Secu-
rity 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 trans-
porting 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 Docu-
mentation 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: Pro-
vided, 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 partici-
pate in the E-Verify Program as described in section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note), the Administrator shall certify to 
the Committees on Appropriations of the Senate and the House 
of Representatives that no security risks will result from such 
non-participation. 
SEC. 537. (a) Notwithstanding any other provision of this Act, 
except as provided in subsection (b), and 30 days after the date 
on which the President determines whether to declare a major 
disaster because of an event and any appeal is completed, the 
Administrator shall publish on the Web site of the Federal Emer-
gency Management Agency a report regarding that decision that 
shall summarize damage assessment information used to determine 
whether to declare a major disaster. 
Deadline. 
President. 
Web posting. 
Reports. 
Determination. 
Certification. 
National 
identification 
card. 
Notification. 
Applicability. 
Drugs and drug 
abuse. 
Canada. 
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125 STAT. 976 
PUBLIC LAW 112–74—DEC. 23, 2011 
(b) The Administrator may redact from a report under sub-
section (a) any data that the Administrator determines would com-
promise national security. 
(c) In this section— 
(1) the term ‘‘Administrator’’ means the Administrator of 
the Federal Emergency Management Agency; and 
(2) the term ‘‘major disaster’’ has the meaning given that 
term in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122). 
SEC. 538. (a) Notwithstanding any other provision of law during 
fiscal year 2012 or any subsequent fiscal year, if the Secretary 
of Homeland Security determines that the National Bio- and Agro- 
defense Facility should be located at a site other than Plum Island, 
New York, the Secretary shall ensure that the Administrator of 
General Services sells through public sale all real and related 
personal property and transportation assets which support Plum 
Island operations, subject to such terms and conditions as may 
be necessary to protect Government interests and meet program 
requirements. 
(b) The proceeds of such sale described in subsection (a) shall 
be deposited as offsetting collections into the Department of Home-
land Security Science and Technology ‘‘Research, Development, 
Acquisition, and Operations’’ account and, subject to appropriation, 
shall be available until expended, for site acquisition, construction, 
and costs related to the construction of the National Bio- and 
Agro-defense Facility, including the costs associated with the sale, 
including due diligence requirements, necessary environmental 
remediation at Plum Island, and reimbursement of expenses 
incurred by the General Services Administration. 
SEC. 539. Any official that is required by this Act to report 
or to certify to the Committees on Appropriations of the Senate 
and the House of Representatives may not delegate such authority 
to perform that act unless specifically authorized herein. 
SEC. 540. Section 550(b) of the Department of Homeland Secu-
rity Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 
note), as amended by section 550 of the Department of Homeland 
Security Appropriations Act, 2010 (Public Law 111–83), is further 
amended by striking ‘‘on October 4, 2011’’ and inserting ‘‘on October 
4, 2012’’. 
SEC. 541. None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, 
or assist in the transfer or release to or within the United States, 
its territories, or possessions Khalid Sheikh Mohammed or any 
other detainee who— 
(1) is not a United States citizen or a member of the 
Armed Forces of the United States; and 
(2) is or was held on or after June 24, 2009, at the United 
States Naval Station, Guantanamo Bay, Cuba, by the Depart-
ment of Defense. 
SEC. 542. None of the funds made available in this Act may 
be used for first-class travel by the employees of agencies funded 
by this Act in contravention of sections 301–10.122 through 301.10– 
124 of title 41, Code of Federal Regulations. 
SEC. 543. None of the funds made available in this Act may 
be used to propose or effect a disciplinary or adverse action, with 
respect to any Department of Homeland Security employee who 
engages regularly with the public in the performance of his or 
Khalid Sheikh 
Mohammed. 
Detainees. 
Determination. 
New York. 
Real property. 
6 USC 190 note. 
Definitions. 
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125 STAT. 977 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 certifi-
cation 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 require-
ments. 
SEC. 546. For fiscal year 2012 and thereafter, for purposes 
of section 210C of the Homeland Security Act of 2002 (6 U.S.C. 
124j), a rural area shall also include any area that is located 
in a metropolitan statistical area and a county, borough, parish, 
or area under the jurisdiction of an Indian tribe with a population 
of not more than 50,000. 
SEC. 547. Notwithstanding any other provision of this Act, 
none of the funds appropriated or otherwise made available by 
this Act may be used to pay award or incentive fees for contractor 
performance that has been judged to be below satisfactory perform-
ance or performance that does not meet the basic requirements 
of a contract. 
SEC. 548. (a) Not later than 180 days after the date of enact-
ment of this Act, the Administrator of the Transportation Security 
Administration shall submit to the Committees on Appropriations 
of the Senate and the House of Representatives, a report that 
either— 
(1) certifies that the requirement for screening all air cargo 
on passenger aircraft by the deadline under section 44901(g) 
of title 49, United States Code, has been met; or 
(2) includes a strategy to comply with the requirements 
under title 44901(g) of title 49, United States Code, including— 
Deadline. 
Reports. 
Contracts. 
6 USC 124j note. 
Deadline. 
Certification. 
Privacy. 
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125 STAT. 978 
PUBLIC LAW 112–74—DEC. 23, 2011 
(A) a plan to meet the requirement under section 
44901(g) of title 49, United States Code, to screen 100 
percent of air cargo transported on passenger aircraft 
arriving in the United States in foreign air transportation 
(as that term is defined in section 40102 of that title); 
and 
(B) specification of— 
(i) the percentage of such air cargo that is being 
screened; and 
(ii) the schedule for achieving screening of 100 
percent of such air cargo. 
(b) The Administrator shall continue to submit reports 
described in subsection (a)(2) every 180 days thereafter until the 
Administrator certifies that the Transportation Security Adminis-
tration has achieved screening of 100 percent of such air cargo. 
SEC. 549. In developing any process to screen aviation pas-
sengers 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’ pri-
vacy 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 essen-
tial research and diagnostic testing at the National Bio- and 
Agro-defense Facility and addresses shortcomings identified in 
the National Academy of Sciences’ evaluation of the initial 
site-specific biosafety and biosecurity mitigation risk assess-
ment; and 
(3) submits to the Committees on Appropriations of the 
Senate and the House of Representatives the results of the 
National Academy of Sciences’ review of the risk assessment 
as described in subsection (c). 
(b) The revised site-specific biosafety and biosecurity mitigation 
risk assessment required by subsection (a) shall— 
(1) include a quantitative risk assessment for foot-and- 
mouth disease virus, in particular epidemiological and economic 
impact modeling to determine the overall risk of operating 
the facility for its expected 50-year life span, taking into account 
strategies to mitigate risk of foot-and-mouth disease virus 
release from the laboratory and ensure safe operations at the 
approved National Bio- and Agro-defense Facility site; 
(2) address the impact of surveillance, response, and mitiga-
tion plans (developed in consultation with local, State, and 
Federal authorities and appropriate stakeholders) if a release 
occurs, to detect and control the spread of disease; and 
(3) include overall risks of the most dangerous pathogens 
the Department of Homeland Security expects to hold in the 
National Bio- and Agro-defense Facility’s biosafety level 4 
facility, and effectiveness of mitigation strategies to reduce 
those risks. 
Design plan. 
Assessments. 
Reports. 
Deadline. 
Certification. 
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125 STAT. 979 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Examina-
tions 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 Citizen-
ship 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 Emer-
gency Management Agency, related to the presence of a National 
Special Security Event, $7,500,000, to remain available until Sep-
tember 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 partici-
pating 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 tem-
porary 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 Reinvest-
ment Act of 2009 (Public Law 111–5; 123 Stat. 164). 
SEC. 555. None of the funds appropriated or otherwise made 
available by this Act may be used by the Department of Homeland 
Security to enter into any federal contract unless such contract 
is entered into in accordance with the requirements of the Federal 
Property and Administrative Services Act of 1949 (41 U.S.C. 253) 
or Chapter 137 of title 10, United States Code, and the Federal 
Acquisition Regulation, unless such contract is otherwise authorized 
by statute to be entered into without regard to the above referenced 
statutes. 
SEC. 556. (a) For an additional amount for data center migra-
tion, $70,000,000. 
(b) Funds made available in subsection (a) for data center 
migration may be transferred by the Secretary of Homeland Secu-
rity between appropriations for the same purpose, notwithstanding 
section 503 of this Act. 
(c) No transfer described in subsection (b) shall occur until 
15 days after the Committees on Appropriations of the Senate 
and the House of Representatives are notified of such transfer. 
SEC. 557. For fiscal year 2012 and thereafter, U.S. Customs 
and Border Protection’s Advanced Training Center is authorized 
6 USC 464. 
Deadline. 
Notification. 
Contracts. 
Arbitrations. 
Notification. 
Deadline. 
Grants. 
Reports. 
Deadline. 
Contracts. 
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125 STAT. 980 
PUBLIC LAW 112–74—DEC. 23, 2011 
to charge fees for any service and/or thing of value it provides 
to Federal Government or non-government entities or individuals, 
so long as the fees charged do not exceed the full costs associated 
with the service or thing of value provided: Provided, That notwith-
standing 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, with-
out 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 deten-
tion 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 Enforce-
ment owned detention facilities, subject to such terms and condi-
tions as necessary to protect Government interests and meet pro-
gram 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 offset-
ting collections into a separate account that shall be available, 
subject to appropriation, until expended for other real property 
capital asset needs of existing U.S. Immigration and Customs 
Enforcement assets, excluding daily operations and maintenance 
costs, as the Secretary deems appropriate: Provided further, That 
any sale or collocation of federally owned detention facilities shall 
not result in the maintenance of fewer than 34,000 detention beds: 
Provided further, That the Committees on Appropriations of the 
Senate and the House of Representatives shall be notified 15 days 
prior to the announcement of any proposed sale or collocation. 
SEC. 560. For an additional amount for the ‘‘Office of the 
Under Secretary for Management’’, $55,979,000, to remain available 
until expended, for necessary expenses to plan, acquire, construct, 
renovate, remediate, equip, furnish, and occupy buildings and facili-
ties for the consolidation of department headquarters at St. Eliza-
beths 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 alloca-
tion of these funds. 
SEC. 561. None of the funds made available by this Act may 
be used to enforce the requirements in— 
(1) section 34(a)(1)(A) of the Federal Fire Prevention and 
Control Act of 1974 (15 U.S.C. 2229(a)(1)(A)); 
Expenditure 
plan. 
Deadline. 
Notification. 
Deadline. 
Detention 
facilities. 
Real property. 
123 Stat. 2180. 
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125 STAT. 981 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(1)) for the removal costs incurred 
by the Coast Guard for such spill, shall be credited directly to 
the accounts of the Coast Guard current at the time such removal 
costs were incurred or when reimbursement is received: Provided, 
That such amounts shall be merged with and, without further 
appropriations, made available for the same time period and the 
same purpose as the appropriation to which it is credited. 
SEC. 564. (a) CIVIL PENALTIES FOR CIRCUMVENTING SECURITY 
SCREENING.—Section 46301(a)(5)(A)(i) of title 49, United States 
Code, is amended— 
(1) by striking ‘‘or chapter 449’’ and inserting ‘‘chapter 
449’’; and 
(2) by inserting ‘‘, or section 46314(a)’’ after ‘‘44909)’’. 
(b) 
CRIMINAL
PENALTIES
FOR
CIRCUMVENTING
SECURITY 
SCREENING.—Section 46314(b)(2) of title 49, United States Code, 
is amended by inserting ‘‘with intent to evade security procedures 
or restrictions or’’ after ‘‘of this section’’. 
(c) NOTICE OF PENALTIES.—Section 46314 of title 49, United 
States Code, is amended by adding at the end the following new 
subsection: 
‘‘(c) NOTICE OF PENALTIES.— 
‘‘(1) IN GENERAL.—Each operator of an airport in the United 
States that is required to establish an air transportation secu-
rity program pursuant to section 44903(c) shall ensure that 
signs that meet such requirements as the Secretary of Home-
land 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 loca-
tions where passengers exit the sterile area, and such other 
locations at the airport as the Secretary of Homeland Security 
determines appropriate. 
‘‘(2) EFFECT OF SIGNS ON PENALTIES.—An individual shall 
be subject to a penalty imposed under section 46301(a)(5)(A)(i) 
33 USC 2712 
note. 
Firefighters. 
Waivers. 
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125 STAT. 982 
PUBLIC LAW 112–74—DEC. 23, 2011 
or subsection (b) of this section without regard to whether 
signs are displayed at an airport as required by paragraph 
(1).’’. 
SEC. 565. (a) SHORT TITLE.—This section may be cited as the 
‘‘Disaster Assistance Recoupment Fairness Act of 2011’’. 
(b) DEBTS SINCE 2005.— 
(1) DEFINITION.—In this section, the term ‘‘covered assist-
ance’’ 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 Dis-
aster 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 deter-
mined exceeds $90,000, the debtor should be required to make 
at least a partial payment on the debt. 
(4) REPORTING.—Not later than 3 months after the date 
of enactment of this Act, and every 3 months thereafter until 
the date that is 18 months after the date of enactment of 
this Act, the Inspector General of the Department of Homeland 
Security shall submit a report that assesses the cost-effective-
ness 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 Govern-
mental Affairs and the Subcommittee on Homeland Secu-
rity of the Committee on Appropriations of the Senate; 
and 
Disaster 
Assistance 
Recoupment 
Fairness Act 
of 2011. 
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125 STAT. 983 
PUBLIC LAW 112–74—DEC. 23, 2011 
(B) the Committee on Homeland Security, the Com-
mittee on Transportation and Infrastructure, and the Sub-
committee 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 Dis-
aster 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 home-
owner pursuant to subsection (a) shall not exceed the amount 
of the disaster loan that may be used and was used for disaster 
mitigation activities; and 
(2) Subsection (a) shall only apply if the disaster loan 
and assistance provided under section 404 were made available 
in response to the same disaster declaration. 
(3) Shall be applicable only to disasters declared by the 
President under section 401 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5170) during 
the period beginning on August 28, 2005 and ending on August 
28, 2006. 
(c) If a state chooses to use funds under section 404 to reimburse 
homeowners as provided in subsection (a), it shall make payments 
in the following order: 
(1) First, to the Small Business Administration on behalf 
of the eligible homeowner for the purpose of reducing, but 
not below zero, the homeowner’s outstanding debt obligation 
to the Small Business Administration for the disaster loan; 
and 
(2) Second, any remaining reimbursement shall be paid 
directly to the homeowner. 
SEC. 567. None of the funds made available under this Act 
or any prior appropriations Act may be provided to the Association 
of Community Organizations for Reform Now (ACORN), or any 
of its affiliates, subsidiaries, or allied organizations. 
SEC. 568. The Commissioner of U.S. Customs and Border 
Protection and the Assistant Secretary of Homeland Security for 
U.S. Immigration and Customs Enforcement each shall submit to 
the Committees on Appropriations of the Senate and the House 
of Representatives with the congressional budget justification, a 
multi-year investment and management plan, to include each year 
starting with the current fiscal year and the 3 subsequent fiscal 
years, for their respective Offices of Information Technology to 
include for that office— 
(1) the funding level by source for all funds to be executed; 
(2) the funding included for each project and activity tied 
to mission requirements, program management capabilities, 
performance levels, and specific capabilities and services to 
be delivered; 
(3) the total estimated cost and projected timeline of 
completion for all multi-year enhancements, modernizations, 
and new capabilities proposed in the current fiscal year or 
underway; and 
Plans. 
Deadlines. 
ACORN. 
Applicability. 
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125 STAT. 984 
PUBLIC LAW 112–74—DEC. 23, 2011 
(4) a detailed accounting of operation and maintenance 
costs. 
SEC. 569. The Secretary of Homeland Security shall ensure 
enforcement of immigration laws (as defined in section 101(a)(17) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))). 
(RESCISSIONS) 
SEC. 570. Of the funds transferred to the Department of Home-
land 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, Construc-
tion, 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 Enforce-
ment ‘‘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 ‘‘Vio-
lent Crime Reduction Fund’’; and 
(10) $153,095 from U.S. Immigration and Customs Enforce-
ment ‘‘Violent Crime Reduction Trust Fund’’. 
(RESCISSIONS) 
SEC. 571. The following unobligated balances made available 
to the Department of Homeland Security pursuant to section 505 
of Department of Homeland Security Appropriations Act, 2011 
(Public Law 112–10; 125 Stat. 147) are rescinded: 
(1) $178,783 from ‘‘Analysis and Operations’’; 
(2) $1,619,907 from U.S. Customs and Border Protection 
‘‘Salaries and Expenses’’; 
(3) $296,022 from Transportation Security Administration 
‘‘Federal Air Marshals’’; 
(4) $37,800,412 from Coast Guard ‘‘Operating Expenses’’; 
(5) $879,153 from Coast Guard ‘‘Acquisition, Construction, 
and Improvements’’; 
(6) $1,104,347 from United States Secret Service ‘‘Salaries 
and Expenses’’; 
(7) $97,046 from National Protection and Programs Direc-
torate ‘‘Management and Administration’’; 
(8) $78,764 from National Protection and Programs Direc-
torate ‘‘Infrastructure Protection and Information Security’’; 
(9) $117,133 from Office of Health Affairs ‘‘Salaries and 
Expenses’’; 
(10) $1,301,581 from ‘‘United States Citizenship and 
Immigration Services’’; 
(11) $369,032 from Federal Law Enforcement Training 
Center ‘‘Salaries and Expenses’’; 
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125 STAT. 985 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Administra-
tion ‘‘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, Construc-
tion, and Improvements’’; 
(7) $5,000,000 from the ‘‘Office of the Chief Information 
Officer’’ related to Emerge2; and 
(8) $27,400,000 from National Protection and Programs 
Directorate ‘‘United States Visitor and Immigrant Indicator 
Technology’’. 
SEC. 573. Sections 1309(a) and 1319 of the National Flood 
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) are each 
amended by striking ‘‘September 30, 2011’’ and inserting ‘‘the earlier 
of the date of the enactment into law of an Act that specifically 
amends the date specified in this section or May 31, 2012’’. 
This division may be cited as the ‘‘Department of Homeland 
Security Appropriations Act, 2012’’. 
DIVISION E—DEPARTMENT OF THE INTERIOR, ENVI-
RONMENT, AND RELATED AGENCIES APPROPRIA-
TIONS 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, acquisi-
tion of easements and other interests in lands, and performance 
of other functions, including maintenance of facilities, as authorized 
by law, in the management of lands and their resources under 
the jurisdiction of the Bureau of Land Management, including the 
Department of 
the Interior, 
Environment, 
and Related 
Agencies 
Appropriations 
Act, 2012. 
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125 STAT. 986 
PUBLIC LAW 112–74—DEC. 23, 2011 
general administration of the Bureau, and assessment of mineral 
potential of public lands pursuant to Public Law 96–487 (16 U.S.C. 
3150(a)), $961,900,000, to remain available until expended; of which 
$3,000,000 shall be available in fiscal year 2012 subject to a match 
by at least an equal amount by the National Fish and Wildlife 
Foundation for cost-shared projects supporting conservation of 
Bureau lands; and such funds shall be advanced to the Foundation 
as a lump-sum grant without regard to when expenses are incurred. 
In addition, $32,500,000 is for the processing of applications 
for permit to drill and related use authorizations, to remain avail-
able 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 addi-
tion, $39,696,000 is for Mining Law Administration program oper-
ations, 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 admin-
istering communication site activities. 
CONSTRUCTION 
For construction of buildings, recreation facilities, roads, trails, 
and appurtenant facilities, $3,576,000, to remain available until 
expended. 
LAND ACQUISITION 
For expenses necessary to carry out sections 205, 206, and 
318(d) of Public Law 94–579, including administrative expenses 
and acquisition of lands or waters, or interests therein, $22,380,000, 
to be derived from the Land and Water Conservation Fund and 
to remain available until expended. 
OREGON AND CALIFORNIA GRANT LANDS 
For expenses necessary for management, protection, and 
development of resources and for construction, operation, and 
maintenance of access roads, reforestation, and other improvements 
on the revested Oregon and California Railroad grant lands, on 
other Federal lands in the Oregon and California land-grant coun-
ties of Oregon, and on adjacent rights-of-way; and acquisition of 
lands or interests therein, including existing connecting roads on 
or adjacent to such grant lands; $112,043,000, to remain available 
until expended: Provided, That 25 percent of the aggregate of all 
receipts during the current fiscal year from the revested Oregon 
and California Railroad grant lands is hereby made a charge against 
the Oregon and California land-grant fund and shall be transferred 
to the General Fund in the Treasury in accordance with the second 
paragraph of subsection (b) of title II of the Act of August 28, 
1937 (50 Stat. 876). 
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125 STAT. 987 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 proc-
essing 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, oper-
ation, 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: Pro-
vided, 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 appro-
priate for refund pursuant to section 305(c) of that Act (43 U.S.C. 
1735(c)), shall be available and may be expended under the 
authority of this Act by the Secretary to improve, protect, or 
rehabilitate any public lands administered through the Bureau 
of Land Management which have been damaged by the action 
of a resource developer, purchaser, permittee, or any unauthorized 
person, without regard to whether all moneys collected from each 
such action are used on the exact lands damaged which led to 
the action: Provided further, That any such moneys that are in 
excess of amounts needed to repair damage to the exact land 
for which funds were collected may be used to repair other damaged 
public lands. 
MISCELLANEOUS TRUST FUNDS 
In addition to amounts authorized to be expended under 
existing laws, there is hereby appropriated such amounts as may 
be contributed under section 307 of the Act of October 21, 1976 
(43 U.S.C. 1701), and such amounts as may be advanced for 
administrative costs, surveys, appraisals, and costs of making 
conveyances of omitted lands under section 211(b) of that Act, 
to remain available until expended. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Land Management may carry out the operations 
funded under this Act by direct expenditure, contracts, grants, 
cooperative agreements and reimbursable agreements with public 
and private entities, including with States. Appropriations for the 
43 USC 1735 
note. 
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125 STAT. 988 
PUBLIC LAW 112–74—DEC. 23, 2011 
Bureau shall be available for purchase, erection, and dismantlement 
of temporary structures, and alteration and maintenance of nec-
essary 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 certifi-
cate, 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, pro-
cure 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 sub-
section (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 indige-
nous 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 certifi-
cate: Provided further, That in fiscal year 2012 and hereafter, 
16 USC 754e. 
16 USC 742l–1. 
Wild horses. 
Burros. 
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125 STAT. 989 
PUBLIC LAW 112–74—DEC. 23, 2011 
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, manage-
ment, 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 Con-
servation 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, notwith-
standing 16 U.S.C. 460l–9, not more than $5,000,000 shall be for 
land conservation partnerships authorized by the Highlands Con-
servation Act of 2004, including not to exceed $160,000 for adminis-
trative expenses: Provided, That none of the funds appropriated 
for specific land acquisition projects may be used to pay for any 
administrative overhead, planning or other management costs. 
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND 
For expenses necessary to carry out section 6 of the Endangered 
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), 
$47,757,000, to remain available until expended, of which 
$22,757,000 is to be derived from the Cooperative Endangered 
Species Conservation Fund; and of which $25,000,000 is to be 
derived from the Land and Water Conservation Fund. 
NATIONAL WILDLIFE REFUGE FUND 
For expenses necessary to implement the Act of October 17, 
1978 (16 U.S.C. 715s), $13,980,000. 
NORTH AMERICAN WETLANDS CONSERVATION FUND 
For expenses necessary to carry out the provisions of the North 
American Wetlands Conservation Act, as amended (16 U.S.C. 4401 
et seq.), $35,554,000, to remain available until expended. 
NEOTROPICAL MIGRATORY BIRD CONSERVATION 
For expenses necessary to carry out the Neotropical Migratory 
Bird Conservation Act, as amended, (16 U.S.C. 6101 et seq.), 
$3,792,000, to remain available until expended. 
MULTINATIONAL SPECIES CONSERVATION FUND 
For expenses necessary to carry out the African Elephant Con-
servation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conserva-
tion Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and 
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125 STAT. 990 
PUBLIC LAW 112–74—DEC. 23, 2011 
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great 
Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the 
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.), 
$9,481,000, to remain available until expended. 
STATE AND TRIBAL WILDLIFE GRANTS 
For wildlife conservation grants to States and to the District 
of Columbia, Puerto Rico, Guam, the United States Virgin Islands, 
the Northern Mariana Islands, American Samoa, and Indian tribes 
under the provisions of the Fish and Wildlife Act of 1956 and 
the Fish and Wildlife Coordination Act, for the development and 
implementation of programs for the benefit of wildlife and their 
habitat, including species that are not hunted or fished, 
$61,421,000, to remain available until expended: Provided, That 
of the amount provided herein, $4,275,000 is for a competitive 
grant program for Indian tribes not subject to the remaining provi-
sions 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 Sec-
retary 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 para-
graph shall be adjusted equitably so that no State shall be appor-
tioned a sum which is less than 1 percent of the amount available 
for apportionment under this paragraph for any fiscal year or 
more than 5 percent of such amount: Provided further, That the 
Federal share of planning grants shall not exceed 75 percent of 
the total costs of such projects and the Federal share of implementa-
tion 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, terri-
tory, 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 reserva-
tion areas caused by operations of the Service; options for the 
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125 STAT. 991 
PUBLIC LAW 112–74—DEC. 23, 2011 
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: Pro-
vided, 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 auto-
mated facility management software system, and comprehensive 
facility condition assessments shall remain available until Sep-
tember 30, 2013. 
NATIONAL RECREATION AND PRESERVATION 
For expenses necessary to carry out recreation programs, nat-
ural programs, cultural programs, heritage partnership programs, 
environmental compliance and review, international park affairs, 
and grant administration, not otherwise provided for, $59,975,000: 
Provided, That section 502(c) of the Chesapeake Bay Initiative 
Act of 1998 (16 U.S.C. 461 note; Public Law 105–312) is amended 
by striking ‘‘2011’’ and inserting ‘‘2013’’. 
HISTORIC PRESERVATION FUND 
For expenses necessary in carrying out the National Historic 
Preservation Act (16 U.S.C. 470), and the Omnibus Parks and 
Public Lands Management Act of 1996 (Public Law 104–333), 
$56,000,000, to be derived from the Historic Preservation Fund 
and to remain available until September 30, 2013. 
CONSTRUCTION 
(INCLUDING RESCISSION OF FUNDS) 
For construction, improvements, repair, or replacement of phys-
ical facilities, including modifications authorized by section 104 
of the Everglades National Park Protection and Expansion Act 
of 1989 (16 U.S.C. 410r–8), $159,621,000, to remain available until 
expended: Provided, That notwithstanding any other provision of 
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125 STAT. 992 
PUBLIC LAW 112–74—DEC. 23, 2011 
law, a single procurement for the project to repair damage to 
the Washington Monument may be issued that includes the full 
scope of the project, so long as the solicitation and contract shall 
contain the clause ‘‘availability of appropriated funds’’ found in 
CFR section 52.232.18 of title 48. 
From funds previously made available under this heading, 
$4,000,000 are rescinded. 
LAND AND WATER CONSERVATION FUND 
(RESCISSION) 
The contract authority provided for fiscal year 2012 by 16 
U.S.C. 460l–10a is rescinded. 
LAND ACQUISITION AND STATE ASSISTANCE 
For expenses necessary to carry out the Land and Water Con-
servation 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 author-
ized 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 appro-
priation, for use at any unit within the National Park System 
to extinguish or reduce liability for Possessory Interest or leasehold 
surrender interest. Such funds may only be used for this purpose 
to the extent that the benefitting unit anticipated franchise fee 
receipts over the term of the contract at that unit exceed the 
amount of funds used to extinguish or reduce liability. Franchise 
fees at the benefitting unit shall be credited to the sub-account 
of the originating unit over a period not to exceed the term of 
a single contract at the benefitting unit, in the amount of funds 
so expended to extinguish or reduce liability. 
For the costs of administration of the Land and Water Con-
servation Fund grants authorized by section 105(a)(2)(B) of the 
Gulf of Mexico Energy Security Act of 2006 (Public Law 109– 
432), the National Park Service may retain up to 3 percent of 
the amounts which are authorized to be disbursed under such 
section, such retained amounts to remain available until expended. 
National Park Service funds may be transferred to the Federal 
Highway Administration (FHWA), Department of Transportation, 
for purposes authorized under 23 U.S.C. 204. Transfers may include 
a reasonable amount for FHWA administrative support costs. 
16 USC 460l–10a 
note. 
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125 STAT. 993 
PUBLIC LAW 112–74—DEC. 23, 2011 
UNITED STATES GEOLOGICAL SURVEY 
SURVEYS, INVESTIGATIONS, AND RESEARCH 
For expenses necessary for the United States Geological Survey 
to perform surveys, investigations, and research covering topog-
raphy, 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 author-
ized by law; and to publish and disseminate data relative to the 
foregoing activities; $1,069,744,000, to remain available until Sep-
tember 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 coopera-
tion 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 Administra-
tion for security guard services; contracting for the furnishing of 
topographic maps and for the making of geophysical or other special-
ized surveys when it is administratively determined that such proce-
dures are in the public interest; construction and maintenance 
of necessary buildings and appurtenant facilities; acquisition of 
lands for gauging stations and observation wells; expenses of the 
United States National Committee on Geology; and payment of 
compensation and expenses of persons on the rolls of the Survey 
duly appointed to represent the United States in the negotiation 
and administration of interstate compacts: Provided, That activities 
funded by appropriations herein made may be accomplished through 
the use of contracts, grants, or cooperative agreements as defined 
in section 6302 of title 31, United States Code: Provided further, 
That the United States Geological Survey may enter into contracts 
or cooperative agreements directly with individuals or indirectly 
with institutions or nonprofit organizations, without regard to 41 
U.S.C. 5, for the temporary or intermittent services of students 
or recent graduates, who shall be considered employees for the 
purpose of chapters 57 and 81 of title 5, United States Code, 
relating to compensation for travel and work injuries, and chapter 
171 of title 28, United States Code, relating to tort claims, but 
shall not be considered to be Federal employees for any other 
purposes. 
43 USC 50. 
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125 STAT. 994 
PUBLIC LAW 112–74—DEC. 23, 2011 
BUREAU OF OCEAN ENERGY MANAGEMENT 
OCEAN ENERGY MANAGEMENT 
For expenses necessary for granting leases, easements, rights- 
of-way and agreements for use for oil and gas, other minerals, 
energy, and marine-related purposes on the Outer Continental Shelf 
and approving operations related thereto, as authorized by law; 
for environmental studies, as authorized by law; for implementing 
other laws to the extent provided by Presidential or Secretarial 
delegation; and for matching grants or cooperative agreements, 
$59,792,000, to remain available until September 30, 2013; and 
an amount not to exceed $101,082,000, to be credited to this appro-
priation 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 mis-
cellaneous administrative activities: Provided, That notwith-
standing 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 reve-
nues’’, as defined in section 102(9)(A) of the Gulf of Mexico Energy 
Security Act, division C of Public Law 109–432, shall include only 
the portion or rental revenues that would have been collected by 
the Secretary at the rental rates in effect before August 5, 1993: 
Provided further, That not to exceed $3,000 shall be available 
for reasonable expenses related to promoting volunteer beach and 
marine cleanup activities. 
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT 
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT 
For expenses necessary for the regulation of operations related 
to leases, easements, rights-of-way and agreements for use for oil 
and gas, other minerals, energy, and marine-related purposes on 
the Outer Continental Shelf, as authorized by law; for enforcing 
and implementing laws and regulations as authorized by law and 
to the extent provided by Presidential or Secretarial delegation; 
and for matching grants or cooperative agreements, $61,473,000, 
to remain available until September 30, 2013; and an amount 
not to exceed $59,081,000 to be credited to this appropriation and 
to remain available until expended, from additions to receipts 
resulting from increases to rates in effect on August 5, 1993, that 
are collected and disbursed by the Secretary, from cost recovery 
fees from activities conducted by the Bureau of Safety and Environ-
mental Enforcement pursuant to the Outer Continental Shelf Lands 
Act, including studies, assessments, analysis, and miscellaneous 
administrative activities: Provided, That notwithstanding 31 U.S.C. 
43 USC 1331 
note. 
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125 STAT. 995 
PUBLIC LAW 112–74—DEC. 23, 2011 
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: Pro-
vided 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 appro-
priation from receipts resulting from rental rates for Outer Conti-
nental 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 inspec-
tion fees collected in fiscal year 2012, as provided in this Act: 
Provided, That to the extent that such amounts are not realized 
from such fees, the amount needed to reach $62,000,000 shall 
be credited to this appropriation from receipts resulting from rental 
rates for Outer Continental Shelf leases in effect before August 
5, 1993: Provided further, That to the extent that amounts realized 
from such fees exceed $62,000,000, the amounts realized in excess 
of $62,000,000 shall be credited to this appropriation and remain 
available until expended: Provided further, That for fiscal year 
2012, not less than 50 percent of the inspection fees collected 
by the Bureau of Safety and Environmental Enforcement will be 
used to fund personnel and mission-related costs to expand capacity 
and expedite the orderly development, subject to environmental 
safeguards, of the Outer Continental Shelf pursuant to the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), including 
the review of applications for permits to drill. 
OIL SPILL RESEARCH 
For necessary expenses to carry out title I, section 1016, title 
IV, sections 4202 and 4303, title VII, and title VIII, section 8201 
of the Oil Pollution Act of 1990, $14,923,000, which shall be derived 
from the Oil Spill Liability Trust Fund, to remain available until 
expended. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT 
REGULATION AND TECHNOLOGY 
For necessary expenses to carry out the provisions of the Sur-
face Mining Control and Reclamation Act of 1977, Public Law 
95–87, as amended, $122,950,000, to remain available until Sep-
tember 30, 2013: Provided, That appropriations for the Office of 
Surface Mining Reclamation and Enforcement may provide for the 
travel and per diem expenses of State and tribal personnel attending 
Office of Surface Mining Reclamation and Enforcement sponsored 
training: Provided further, That, in fiscal year 2012, up to $40,000 
collected by the Office of Surface Mining from permit fees pursuant 
to section 507 of Public Law 95–87 (30 U.S.C. 1257) shall be 
credited to this account as discretionary offsetting collections, to 
remain available until expended: Provided further, That the sum 
herein appropriated shall be reduced as collections are received 
30 USC 1211 
note. 
43 USC 1331 
note. 
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125 STAT. 996 
PUBLIC LAW 112–74—DEC. 23, 2011 
during the fiscal year so as to result in a final fiscal year 2012 
appropriation estimated at not more than $122,910,000: Provided 
further, That, in subsequent fiscal years, all amounts collected 
by the Office of Surface Mining from permit fees pursuant to section 
507 of Public Law 95–87 (30 U.S.C. 1257) shall be credited to 
this account as discretionary offsetting collections, to remain avail-
able 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 Aban-
doned 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 prior-
ities 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 Profes-
sional Services program in this Act, the Secretary may transfer 
title for computer hardware, software and other technical equipment 
to State and tribal regulatory and reclamation programs. 
BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION 
OPERATION OF INDIAN PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the operation of Indian programs, 
as authorized by law, including the Snyder Act of November 2, 
1921 (25 U.S.C. 13), the Indian Self-Determination and Education 
Assistance Act of 1975 (25 U.S.C. 450 et seq.), as amended, the 
Education Amendments of 1978 (25 U.S.C. 2001–2019), and the 
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), 
as amended, $2,371,532,000, to remain available until September 
30, 2013 except as otherwise provided herein; of which not to 
exceed $8,500 may be for official reception and representation 
expenses; of which not to exceed $74,911,000 shall be for welfare 
assistance payments: Provided, That in cases of designated Federal 
disasters, the Secretary may exceed such cap, from the amounts 
provided herein, to provide for disaster relief to Indian communities 
30 USC 1257 
note. 
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125 STAT. 997 
PUBLIC LAW 112–74—DEC. 23, 2011 
affected by the disaster; of which, notwithstanding any other provi-
sion of law, including but not limited to the Indian Self-Determina-
tion 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 agree-
ments entered into with the Bureau prior to or during fiscal year 
2012, as authorized by such Act, except that tribes and tribal 
organizations may use their tribal priority allocations for unmet 
contract support costs of ongoing contracts, grants, or compacts, 
or annual funding agreements and for unmet welfare assistance 
costs; of which not to exceed $590,484,000 for school operations 
costs of Bureau-funded schools and other education programs shall 
become available on July 1, 2012, and shall remain available until 
September 30, 2013; and of which not to exceed $48,049,000 shall 
remain available until expended for housing improvement, road 
maintenance, attorney fees, litigation support, the Indian Self- 
Determination Fund, land records improvement, and the Navajo- 
Hopi Settlement Program: Provided further, That notwithstanding 
any other provision of law, including but not limited to the Indian 
Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, 
not to exceed $46,327,000 within and only from such amounts 
made available for school operations shall be available for adminis-
trative cost grants associated with ongoing grants entered into 
with the Bureau prior to or during fiscal year 2011 for the operation 
of Bureau-funded schools, and up to $500,000 within and only 
from such amounts made available for administrative cost grants 
shall be available for the transitional costs of initial administrative 
cost grants to grantees that assume operation on or after July 
1, 2011, of Bureau-funded schools: Provided further, That any for-
estry funds allocated to a tribe which remain unobligated as of 
September 30, 2013, may be transferred during fiscal year 2014 
to an Indian forest land assistance account established for the 
benefit of the holder of the funds within the holder’s trust fund 
account: Provided further, That any such unobligated balances not 
so transferred shall expire on September 30, 2014: Provided further, 
That in order to enhance the safety of Bureau field employees, 
the Bureau may use funds to purchase uniforms or other identifying 
articles of clothing for personnel. 
CONSTRUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For construction, repair, improvement, and maintenance of 
irrigation and power systems, buildings, utilities, and other facili-
ties, 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 Irriga-
tion Project pursuant to Public Law 87–483, $123,828,000, to remain 
available until expended: Provided, That such amounts as may 
be available for the construction of the Navajo Indian Irrigation 
Project may be transferred to the Bureau of Reclamation: Provided 
further, That not to exceed 6 percent of contract authority available 
to the Bureau of Indian Affairs from the Federal Highway Trust 
Fund may be used to cover the road program management costs 
of the Bureau: Provided further, That any funds provided for the 
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made 
Expiration date. 
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125 STAT. 998 
PUBLIC LAW 112–74—DEC. 23, 2011 
available on a nonreimbursable basis: Provided further, That for 
fiscal year 2012, in implementing new construction or facilities 
improvement and repair project grants in excess of $100,000 that 
are provided to grant schools under Public Law 100–297, as 
amended, the Secretary of the Interior shall use the Administrative 
and Audit Requirements and Cost Principles for Assistance Pro-
grams 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 Sec-
retary 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 appropria-
tion may be reimbursed from the Office of the Special Trustee 
for American Indians appropriation for the appropriate share of 
construction costs for space expansion needed in agency offices 
to meet trust reform implementation. 
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS 
PAYMENTS TO INDIANS 
For payments and necessary administrative expenses for 
implementation of Indian land and water claim settlements pursu-
ant to Public Laws 99–264, 100–580, 101–618, 108–447, and 111– 
11, and for implementation of other land and water rights settle-
ments, $32,855,000, to remain available until expended. 
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT 
For the cost of guaranteed loans and insured loans, $7,114,000, 
of which $964,000 is for administrative expenses, as authorized 
by the Indian Financing Act of 1974, as amended: Provided, That 
such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed or insured, 
not to exceed $73,365,796. 
ADMINISTRATIVE PROVISIONS 
The Bureau of Indian Affairs may carry out the operation 
of Indian programs by direct expenditure, contracts, cooperative 
agreements, compacts, and grants, either directly or in cooperation 
with States and other organizations. 
Grants. 
Negotiation. 
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125 STAT. 999 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Guar-
anty and Insurance Fund Liquidating Account, Indian Guaranteed 
Loan Financing Account, Indian Direct Loan Financing Account, 
and the Indian Guaranteed Loan Program account) shall be avail-
able 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 mainte-
nance) shall be available for contracts, grants, compacts, or coopera-
tive agreements with the Bureau of Indian Affairs under the provi-
sions of the Indian Self-Determination Act or the Tribal Self-Govern-
ance 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 appro-
priations. 
Notwithstanding any other provision of law, no funds available 
to the Bureau, other than the amounts provided herein for assist-
ance to public schools under 25 U.S.C. 452 et seq., shall be available 
to support the operation of any elementary or secondary school 
in the State of Alaska. 
Appropriations made available in this or any other Act for 
schools funded by the Bureau shall be available only to the schools 
in the Bureau school system as of September 1, 1996. No funds 
available to the Bureau shall be used to support expanded grades 
for any school or dormitory beyond the grade structure in place 
or approved by the Secretary of the Interior at each school in 
the Bureau school system as of October 1, 1995, except that any 
school or school program that was closed and removed from the 
Bureau school system between 1951 and 1972, and its respective 
tribe’s relationship with the Federal Government was terminated, 
shall be reinstated to the Bureau system and supported at a level 
based on its grade structure and average student enrollment for 
the 2009–2010, 2010–2011 and 2011–2012 school years. Funds made 
available under this Act may not be used to establish a charter 
school at a Bureau-funded school (as that term is defined in section 
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), 
except that a charter school that is in existence on the date of 
the enactment of this Act and that has operated at a Bureau- 
funded school before September 1, 1999, may continue to operate 
during that period, but only if the charter school pays to the 
Bureau a pro rata share of funds to reimburse the Bureau for 
the use of the real and personal property (including buses and 
vans), the funds of the charter school are kept separate and apart 
from Bureau funds, and the Bureau does not assume any obligation 
for charter school programs of the State in which the school is 
located if the charter school loses such funding. Employees of 
Bureau-funded schools sharing a campus with a charter school 
Charter schools. 
Alaska. 
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125 STAT. 1000 
PUBLIC LAW 112–74—DEC. 23, 2011 
and performing functions related to the charter school’s operation 
and employees of a charter school shall not be treated as Federal 
employees for purposes of chapter 171 of title 28, United States 
Code. 
Notwithstanding any other provision of law, including section 
113 of title I of appendix C of Public Law 106–113, if in fiscal 
year 2003 or 2004 a grantee received indirect and administrative 
costs pursuant to a distribution formula based on section 5(f) of 
Public Law 101–301, the Secretary shall continue to distribute 
indirect and administrative cost funds to such grantee using the 
section 5(f) distribution formula. 
DEPARTMENTAL OFFICES 
OFFICE OF THE SECRETARY 
DEPARTMENTAL OPERATIONS 
For necessary expenses for management of the Department 
of the Interior, including the collection and disbursement of royal-
ties, fees, and other mineral revenue proceeds, as authorized by 
law, $262,317,000, to remain available until September 30, 2013; 
of which not to exceed $15,000 may be for official reception and 
representation expenses; and of which up to $1,000,000 shall be 
available for workers compensation payments and unemployment 
compensation payments associated with the orderly closure of the 
United States Bureau of Mines; and of which $12,712,000 for the 
Office of Valuation Services is to be derived from the Land and 
Water Conservation Fund and shall remain available until 
expended; and of which $38,300,000 shall remain available until 
expended for the purpose of mineral revenue management activities: 
Provided, That, for fiscal year 2012, up to $400,000 of the payments 
authorized by the Act of October 20, 1976, as amended (31 U.S.C. 
6901–6907) may be retained for administrative expenses of the 
Payments in Lieu of Taxes Program: Provided further, That no 
payment shall be made pursuant to that Act to otherwise eligible 
units of local government if the computed amount of the payment 
is less than $100: Provided further, That notwithstanding any other 
provision of law, $15,000 under this heading shall be available 
for refunds of overpayments in connection with certain Indian leases 
in which the Secretary concurred with the claimed refund due, 
to pay amounts owed to Indian allottees or tribes, or to correct 
prior unrecoverable erroneous payments: Provided further, That, 
notwithstanding the provisions of section 35(b) of the Mineral 
Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall 
deduct 2 percent from the amount payable to each State in fiscal 
year 2012 and deposit the amount deducted to miscellaneous 
receipts of the Treasury. 
INSULAR AFFAIRS 
ASSISTANCE TO TERRITORIES 
For expenses necessary for assistance to territories under the 
jurisdiction of the Department of the Interior and other jurisdictions 
identified in section 104(e) of Public Law 108–188, $87,997,000, 
of which: (1) $78,517,000 shall remain available until expended 
for territorial assistance, including general technical assistance, 
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125 STAT. 1001 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 com-
pensation 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 func-
tions; 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 discre-
tion, in accordance with chapter 35 of title 31, United States Code: 
Provided further, That Northern Mariana Islands Covenant grant 
funding shall be provided according to those terms of the Agreement 
of the Special Representatives on Future United States Financial 
Assistance for the Northern Mariana Islands approved by Public 
Law 104–134: Provided further, That the funds for the program 
of operations and maintenance improvement are appropriated to 
institutionalize routine operations and maintenance improvement 
of capital infrastructure with territorial participation and cost 
sharing to be determined by the Secretary based on the grantee’s 
commitment to timely maintenance of its capital assets: Provided 
further, That any appropriation for disaster assistance under this 
heading in this Act or previous appropriations Acts may be used 
as non-Federal matching funds for the purpose of hazard mitigation 
grants provided pursuant to section 404 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c). 
COMPACT OF FREE ASSOCIATION 
For grants and necessary expenses, $3,318,000, to remain avail-
able 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 Fed-
erated 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 Consoli-
dated Farm and Rural Development Act for construction and repair 
projects in Guam, and such funds shall remain available until 
expended: Provided, That such costs, including the cost of modifying 
48 USC 1469b. 
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125 STAT. 1002 
PUBLIC LAW 112–74—DEC. 23, 2011 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That such loans or loan 
guarantees may be made without regard to the population of the 
area, credit elsewhere requirements, and restrictions on the types 
of eligible entities under the Rural Electrification Act of 1936 and 
section 306(a)(1) of the Consolidated Farm and Rural Development 
Act: Provided further, That any funds transferred to the Secretary 
of Agriculture shall be in addition to funds otherwise made available 
to make or guarantee loans under such authorities. 
OFFICE OF THE SOLICITOR 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Solicitor, 
$66,296,000. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector General, 
$49,471,000. 
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS 
FEDERAL TRUST PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For the operation of trust programs for Indians by direct 
expenditure, contracts, cooperative agreements, compacts, and 
grants, $152,319,000, to remain available until expended, of which 
not to exceed $31,171,000 from this or any other Act, shall be 
available for historical accounting: Provided, That funds for trust 
management improvements and litigation support may, as needed, 
be transferred to or merged with the Bureau of Indian Affairs, 
‘‘Operation of Indian Programs’’ account; the Office of the Solicitor, 
‘‘Salaries and Expenses’’ account; and the Office of the Secretary, 
‘‘Salaries and Expenses’’ account: Provided further, That funds made 
available through contracts or grants obligated during fiscal year 
2012, as authorized by the Indian Self-Determination Act of 1975 
(25 U.S.C. 450 et seq.), shall remain available until expended by 
the contractor or grantee: Provided further, That, notwithstanding 
any other provision of law, the statute of limitations shall not 
commence to run on any claim, including any claim in litigation 
pending on the date of the enactment of this Act, concerning losses 
to or mismanagement of trust funds, until the affected tribe or 
individual Indian has been furnished with an accounting of such 
funds from which the beneficiary can determine whether there 
has been a loss: Provided further, That, notwithstanding any other 
provision of law, the Secretary shall not be required to provide 
a quarterly statement of performance for any Indian trust account 
that has not had activity for at least 18 months and has a balance 
of $15 or less: Provided further, That the Secretary shall issue 
an annual account statement and maintain a record of any such 
accounts and shall permit the balance in each such account to 
be withdrawn upon the express written request of the account 
Deadline. 
Account 
statement. 
Records. 
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125 STAT. 1003 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 oper-
ations, fire science and research, emergency rehabilitation, haz-
ardous fuels reduction, and rural fire assistance by the Department 
of the Interior, $566,495,000, to remain available until expended, 
of which not to exceed $6,137,000 shall be for the renovation or 
construction of fire facilities: Provided, That such funds are also 
available for repayment of advances to other appropriation accounts 
from which funds were previously transferred for such purposes: 
Provided further, That persons hired pursuant to 43 U.S.C. 1469 
may be furnished subsistence and lodging without cost from funds 
available from this appropriation: Provided further, That notwith-
standing 42 U.S.C. 1856d, sums received by a bureau or office 
of the Department of the Interior for fire protection rendered pursu-
ant 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 agree-
ments, 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 Con-
tracting Act, the Secretary, for purposes of hazardous fuels reduc-
tion activities, may obtain maximum practicable competition among: 
(1) local private, nonprofit, or cooperative entities; (2) Youth Con-
servation 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: Pro-
vided 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: Pro-
vided further, That funds appropriated under this heading may 
be used to reimburse the United States Fish and Wildlife Service 
and the National Marine Fisheries Service for the costs of carrying 
out their responsibilities under the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.) to consult and conference, as required 
Guidance. 
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125 STAT. 1004 
PUBLIC LAW 112–74—DEC. 23, 2011 
by section 7 of such Act, in connection with wildland fire manage-
ment 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 Sec-
retary of Agriculture may authorize the transfer of funds appro-
priated 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 emer-
gency 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 avail-
able to support forestry, wildland fire management, and related 
natural resource activities outside the United States and its terri-
tories 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 Commit-
tees 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 suppres-
sion and Federal emergency response activities, $92,000,000, to 
remain available until expended: Provided, That such amounts 
are available only for transfer to the ‘‘Wildland Fire Management’’ 
account and only following a declaration by the Secretary that 
either (1) a wildland fire suppression event meets certain previously 
established risk-based written criteria for significant complexity, 
severity, or threat posed by the fire or (2) funds in the ‘‘Wildland 
Fire Management’’ account will be exhausted within 30 days. 
CENTRAL HAZARDOUS MATERIALS FUND 
For necessary expenses of the Department of the Interior and 
any of its component offices and bureaus for the response action, 
Declaration. 
Notification. 
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125 STAT. 1005 
PUBLIC LAW 112–74—DEC. 23, 2011 
including associated activities, performed pursuant to the Com-
prehensive 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 restora-
tion 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 gen-
eral benefit to the Department, strengthening the Department’s 
acquisition workforce capacity and capabilities, and consolidation 
of facilities and operations throughout the Department, $62,019,000, 
to remain available until expended: Provided, That such funds 
shall be available for training, recruitment, retention, and hiring 
members of the acquisition workforce as defined by the Office 
of Federal Procurement Policy Act as amended (41 U.S.C. 401 
et seq.): Provided further, That none of the funds appropriated 
in this Act or any other Act may be used to establish reserves 
in the Working Capital Fund account other than for accrued annual 
leave and depreciation of equipment without prior approval of the 
House of Representatives and Senate Committees on Appropria-
tions: 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, edu-
cational, or recreational activities (as defined in section 3306(a) 
of title 40, United States Code) at the prevailing rate for similar 
space, facilities, equipment, or services in the vicinity of the 
National Indian Program Training Center: Provided further, That 
all funds received pursuant to the two preceding provisos shall 
be credited to this account, shall be available until expended, and 
shall be used by the Secretary for necessary expenses of the 
National Indian Program Training Center. 
ADMINISTRATIVE PROVISION 
There is hereby authorized for acquisition from available 
resources within the Working Capital Fund, 15 aircraft, 10 of which 
shall be for replacement and which may be obtained by donation, 
purchase or through available excess surplus property: Provided, 
That existing aircraft being replaced may be sold, with proceeds 
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125 STAT. 1006 
PUBLIC LAW 112–74—DEC. 23, 2011 
derived or trade-in value used to offset the purchase price for 
the replacement aircraft. 
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR 
(INCLUDING TRANSFERS OF FUNDS) 
EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU 
SEC. 101. Appropriations made in this title shall be available 
for expenditure or transfer (within each bureau or office), with 
the approval of the Secretary, for the emergency reconstruction, 
replacement, or repair of aircraft, buildings, utilities, or other facili-
ties 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 avail-
able to the Department of the Interior for emergencies shall have 
been exhausted: Provided further, That all funds used pursuant 
to this section must be replenished by a supplemental appropriation 
which must be requested as promptly as possible. 
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE 
SEC. 102. The Secretary may authorize the expenditure or 
transfer of any no year appropriation in this title, in addition 
to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland 
fires on or threatening lands under the jurisdiction of the Depart-
ment 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 assess-
ment 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 Enforce-
ment, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying 
out the regulatory provisions of the Surface Mining Act: Provided, 
That appropriations made in this title for wildland fire operations 
shall be available for the payment of obligations incurred during 
the preceding fiscal year, and for reimbursement to other Federal 
agencies for destruction of vehicles, aircraft, or other equipment 
in connection with their use for wildland fire operations, such 
reimbursement to be credited to appropriations currently available 
at the time of receipt thereof: Provided further, That for wildland 
fire operations, no funds shall be made available under this 
authority until the Secretary determines that funds appropriated 
for ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire Suppression 
Reserve Fund’’ shall be exhausted within 30 days: Provided further, 
That all funds used pursuant to this section must be replenished 
by a supplemental appropriation which must be requested as 
promptly as possible: Provided further, That such replenishment 
Determination. 
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125 STAT. 1007 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 air-
craft; hire of passenger motor vehicles; purchase of reprints; pay-
ment for telephone service in private residences in the field, when 
authorized under regulations approved by the Secretary; and the 
payment of dues, when authorized by the Secretary, for library 
membership in societies or associations which issue publications 
to members only or at a price to members lower than to subscribers 
who are not members. 
AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT 
SEC. 104. Appropriations made in this Act under the headings 
Bureau of Indian Affairs and Office of the Special Trustee for 
American Indians and any unobligated balances from prior appro-
priations 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 inac-
curate 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, overlap-
ping 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 pay-
ments under this section that would result in payment of hourly 
fees in excess of the highest hourly rate approved by the District 
Court for the District of Columbia for counsel in Cobell v. Salazar. 
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125 STAT. 1008 
PUBLIC LAW 112–74—DEC. 23, 2011 
EVERGLADES ECOSYSTEM RESTORATION 
SEC. 107. This and any subsequent fiscal year, the National 
Park Service is authorized to implement modifications to the 
Tamiami Trail as described in, and in accordance with, the preferred 
alternative identified in the final environmental impact statement 
noticed in the Federal Register on December 14, 2010, (75 Fed. 
Reg. 77896), relating to restoration efforts of the Everglades eco-
system. 
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 facili-
ties 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 agree-
ments for the use of such facilities on such terms and conditions 
as the Secretary may determine reasonable. 
OUTER CONTINENTAL SHELF INSPECTION FEES 
SEC. 109. (a) In fiscal year 2012, the Secretary shall collect 
a nonrefundable inspection fee, which shall be deposited in the 
‘‘Ocean Energy Management’’ account, from the designated operator 
for facilities subject to inspection under 43 U.S.C. 1348(c). 
(b) Annual fees shall be collected for facilities that are above 
the waterline, excluding drilling rigs, and are in place at the start 
of the fiscal year. Fees for fiscal year 2012 shall be: 
(1) $10,500 for facilities with no wells, but with processing 
equipment or gathering lines; 
(2) $17,000 for facilities with 1 to 10 wells, with any com-
bination 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 sub-
section (b) within 60 days, with payment required within 30 days 
of billing. The Secretary shall bill designated operators under sub-
section (c) within 30 days of the end of the month in which the 
inspection occurred, with payment required within 30 days of 
billing. 
OIL AND GAS LEASING INTERNET PROGRAM 
SEC. 110. Notwithstanding section 17(b)(1)(A) of the Mineral 
Leasing Act (30 U.S.C. 226(b)(1)(A)), the Secretary of the Interior 
Deadlines. 
New York. 
New Jersey. 
Contracts. 
16 USC 410i 
note. 
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125 STAT. 1009 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 guide-
lines described in the report accompanying this Act. 
AUTHORIZED USE OF INDIAN EDUCATION FUNDS 
SEC. 113. Beginning July 1, 2008, any funds (including invest-
ments 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 enti-
ties, and may enter into multiyear contracts in accordance with 
the provisions of section 304B of the Federal Property and Adminis-
trative Services Act of 1949 (41 U.S.C. 254c) (except that the 5- 
year term restriction in subsection (d) shall not apply), for the 
long-term care and maintenance of excess wild free roaming horses 
and burros by such organizations or entities on private land. Such 
cooperative agreements and contracts may not exceed 10 years, 
subject to renewal at the discretion of the Secretary. 
(b) During fiscal year 2012 and subsequent fiscal years, in 
carrying out work involving cooperation with any State or political 
subdivision thereof, the Bureau of Land Management may record 
obligations against accounts receivable from any such entities. 
BUREAU OF INDIAN EDUCATION OPERATED SCHOOLS 
SEC. 115. (a)(1) Notwithstanding any other provision of law 
or Federal regulation, including section 586(c) of title 40, United 
States Code, the Director of the BIE, or the Director’s designee, 
Contracts. 
25 USC 2000 
note. 
16 USC 1336 
note. 
Effective date. 
Time period. 
25 USC 372–2. 
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125 STAT. 1010 
PUBLIC LAW 112–74—DEC. 23, 2011 
is authorized to enter into agreements with public and private 
persons and entities that provide for such persons and entities 
to rent or lease the land or facilities of a Bureau-operated school 
for such periods of time as the school is Bureau operated, in 
exchange for a consideration (in the form of funds) that benefits 
the school, as determined by the head of the school. 
(2) Funds received under paragraph (1) shall be retained by 
the school and used for school purposes otherwise authorized by 
law. Any funds received under paragraph (1) are hereby made 
available until expended for such purposes, notwithstanding section 
3302 of title 31, United States Code. 
(3) Nothing in this section shall be construed to allow for 
the diminishment of, or otherwise affect, the appropriation of funds 
to the budget accounts for the operation and maintenance of 
Bureau-operated schools. No funds shall be withheld from the dis-
tribution 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 Sec-
retary of the Interior may participate in a fundraising activity 
for the benefit of a Bureau-operated school in an official capacity 
as part of their official duties. When participating in such an 
official capacity, the employee may use the employee’s official title, 
position, and authority. Nothing in this subsection shall be con-
strued 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 adminis-
tration 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 endan-
gered species of salmon, implement a system of mass marking 
of salmonid stocks, intended for harvest, that are released from 
124 Stat. 2339. 
Applicability. 
Regulations. 
Deadline. 
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125 STAT. 1011 
PUBLIC LAW 112–74—DEC. 23, 2011 
federally operated or federally financed hatcheries including but 
not limited to fish releases of coho, chinook, and steelhead species. 
Marked fish must have a visible mark that can be readily identified 
by commercial and recreational fishers. 
PROHIBITION ON USE OF FUNDS 
SEC. 118. (a) Any proposed new use of the Arizona & California 
Railroad Company’s Right of Way for conveyance of water shall 
not proceed unless the Secretary of the Interior certifies that the 
proposed new use is within the scope of the Right of Way. 
(b) No funds appropriated or otherwise made available to the 
Department of the Interior may be used, in relation to any proposal 
to store water underground for the purpose of export, for approval 
of any right-of-way or similar authorization on the Mojave National 
Preserve or lands managed by the Needles Field Office of the 
Bureau of Land Management, or for carrying out any activities 
associated with such right-of-way or similar approval. 
YUKON-CHARLEY NATIONAL PRESERVE 
SEC. 119. None of the funds made available by this Act may 
be used by the Secretary of the Interior to implement or enforce 
regulations concerning boating within Yukon-Charley National Pre-
serve, including waters subject to the jurisdiction of the United 
States, pursuant to section 3(h) of Public Law 91–383 (16 U.S.C. 
1a–2(h)) or any other authority. This section does not affect the 
authority of the Coast Guard to regulate the use of waters subject 
to the jurisdiction of the United States within the Yukon-Charley 
National Preserve. 
REPUBLIC OF PALAU 
SEC. 120. (a) IN GENERAL.—Subject to subsection (c), the United 
States Government, through the Secretary of the Interior shall 
provide to the Government of Palau for fiscal year 2012 grants 
in amounts equal to the annual amounts specified in subsections 
(a), (c), and (d) of section 211 of the Compact of Free Association 
between the Government of the United States of America and 
the Government of Palau (48 U.S.C. 1931 note) (referred to in 
this section as the ‘‘Compact’’). 
(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (c), the 
United States shall provide programmatic assistance to the Republic 
of Palau for fiscal year 2012 in amounts equal to the amounts 
provided in subsections (a) and (b)(1) of section 221 of the Compact. 
(c) LIMITATIONS ON ASSISTANCE.— 
(1) IN GENERAL.—The grants and programmatic assistance 
provided under subsections (a) and (b) shall be provided to 
the same extent and in the same manner as the grants and 
assistance were provided in fiscal year 2009. 
(2) TRUST FUND.—If the Government of Palau withdraws 
more than $5,000,000 from the trust fund established under 
section 211(f) of the Compact, amounts to be provided under 
subsections (a) and (b) shall be withheld from the Government 
of Palau. 
Grants. 
Boating. 
Certification. 
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125 STAT. 1012 
PUBLIC LAW 112–74—DEC. 23, 2011 
HIRING AUTHORITIES 
SEC. 121. (a) DIRECT HIRE AUTHORITY.— 
(1) During fiscal year 2012 and thereafter, the Secretary 
of the Interior may appoint, without regard to the provisions 
of subchapter I of chapter 33 of title 5, United States Code, 
other than sections 3303 and 3328 of such title, a qualified 
candidate described in paragraph (1) directly to a position with 
a land managing agency of the Department of the Interior 
for which the candidate meets Office of Personnel Management 
qualification standards. 
(2) Paragraph (1) applies with respect to a former resource 
assistant (as defined in section 203 of the Public Land Corps 
Act (16 U.S.C. 1722)) who— 
(A) completed a rigorous undergraduate or graduate 
summer internship with a land managing agency, such 
as the National Park Service Business Plan Internship; 
(B) successfully fulfilled the requirements of the intern-
ship program; and 
(C) subsequently earned an undergraduate or graduate 
degree from an accredited institution of higher education. 
(3) The direct hire authority under this subsection may 
not be exercised with respect to a specific qualified candidate 
after the end of the two-year period beginning on the date 
on which the candidate completed the undergraduate or grad-
uate 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 con-
verted to competitive service career-conditional or career 
employment as appropriate. This paragraph applies to individ-
uals 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 appoint-
ments are time-limited.’’. 
(c) GULF OF MEXICO REGION.—For fiscal years 2012 and 2013, 
funds made available in this title for the Bureau of Ocean Energy 
Applicability. 
Effective date. 
Time period. 
Applicability. 
16 USC 1725a. 
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125 STAT. 1013 
PUBLIC LAW 112–74—DEC. 23, 2011 
Management and the Bureau of Safety and Environmental Enforce-
ment 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 sched-
uled, and such higher rates shall be consistent with the subsections 
(e) through (h) of section 5305 of title 5, United States Code. 
BUREAU OF LAND MANAGEMENT ACTIONS REGARDING GRAZING ON 
PUBLIC LANDS 
SEC. 122. (a) EXHAUSTION
OF
ADMINISTRATIVE
REVIEW 
REQUIRED.— 
(1) For fiscal years 2012 and 2013 only, a person may 
bring a civil action challenging a decision of the Bureau of 
Land Management concerning grazing on public lands (as 
defined in section 103(e) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1702(e))) in a Federal 
district court only if the person has exhausted the administra-
tive hearings and appeals procedures established by the Depart-
ment 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 chal-
lenge 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 avail-
able for mitigation by allocating the forage to wildlife use 
consistent with any applicable Habitat Conservation Plan, sec-
tion 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 Sec-
retary of the Interior shall reduce the authorized grazing level 
on the land covered by the permit or lease to reflect the donation 
of the permit or lease under paragraph (1). To ensure that 
Termination. 
43 USC 1781a. 
Definition. 
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125 STAT. 1014 
PUBLIC LAW 112–74—DEC. 23, 2011 
there is a permanent reduction in the level of grazing on 
the land covered by a permit or lease donated under paragraph 
(1), the Secretary shall not allow grazing use to exceed the 
authorized level under the remaining valid existing permit 
or lease that is not donated. 
TRAILING LIVESTOCK OVER PUBLIC LAND 
SEC. 123. During fiscal years 2012 through 2013 only, the 
Bureau of Land Management may, at its sole discretion, review 
planning and implementation decisions regarding the trailing of 
livestock across public lands, including, but not limited to, issuance 
of crossing or trailing authorizations or permits, under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). Tem-
porary trailing or crossing authorizations across public lands shall 
not be subject to protest and/or appeal under subpart E of part 
4 of title 43, Code of Federal Regulations, and subpart 4160 of 
part 4100 of such title. 
LEASE AUTHORIZATION 
SEC. 124. (a) IN GENERAL.—The Secretary of the Interior 
(referred to in this section as the ‘‘Secretary’’) may lease to the 
Savannah Bar Pilots Association, or a successor organization, no 
more than 30,000 square feet of land and improvements within 
Fort Pulaski National Monument (referred to in this section as 
the ‘‘Monument’’) at the location on Cockspur Island that has been 
used continuously by the Savannah Bar Pilots Association since 
1940. 
(b) RENTAL FEE AND PROCEEDS.— 
(1) RENTAL FEE.—For the lease authorized by this Act, 
the Secretary shall require a rental fee based on fair market 
value adjusted, as the Secretary deems appropriate, for 
amounts to be expended by the lessee for property preservation, 
maintenance, or repair and related expenses. 
(2) PROCEEDS.—Disposition of the proceeds from the rental 
fee required pursuant to paragraph (1) shall be made in accord-
ance with section 3(k)(5) of Public Law 91–383 (16 U.S.C. 
1a–2(k)(5)). 
(c) TERMS AND CONDITIONS.—A lease entered into under this 
section— 
(1) shall be for a term of no more than 10 years and, 
at the Secretary’s discretion, for successive terms of no more 
than 10 years at a time; and 
(2) shall include any terms and conditions the Secretary 
determines to be necessary to protect the resources of the 
Monument and the public interest. 
(d) EXEMPTION FROM APPLICABLE LAW.—Except as provided 
in section 2(b)(2) of this Act, the lease authorized by this Act 
shall not be subject to section 3(k) of Public Law 91–383 (16 U.S.C. 
1a–2(k)) or section 321 of Act of June 30, 1932 (40 U.S.C. 1302). 
WILD LANDS FUNDING PROHIBITION 
SEC. 125. None of the funds made available in this Act or 
any other Act may be used to implement, administer, or enforce 
Secretarial Order No. 3310 issued by the Secretary of the Interior 
on December 22, 2010: Provided, That nothing in this section shall 
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125 STAT. 1015 
PUBLIC LAW 112–74—DEC. 23, 2011 
restrict the Secretary’s authorities under sections 201 and 202 
of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1711 and 1712). 
TITLE II 
ENVIRONMENTAL PROTECTION AGENCY 
SCIENCE AND TECHNOLOGY 
For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980, as amended; necessary expenses for 
personnel and related costs and travel expenses; procurement of 
laboratory equipment and supplies; and other operating expenses 
in support of research and development, $795,000,000, to remain 
available until September 30, 2013. 
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For environmental programs and management, including nec-
essary 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 publica-
tions 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 state-
ment 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 avail-
able until expended. 
HAZARDOUS SUBSTANCE SUPERFUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses to carry out the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 
and (e)(4) (42 U.S.C. 9611) $1,215,753,000, to remain available 
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125 STAT. 1016 
PUBLIC LAW 112–74—DEC. 23, 2011 
until expended, consisting of such sums as are available in the 
Trust Fund on September 30, 2011, as authorized by section 517(a) 
of the Superfund Amendments and Reauthorization Act of 1986 
(SARA) and up to $1,215,753,000 as a payment from general reve-
nues to the Hazardous Substance Superfund for purposes as author-
ized 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’’ appro-
priation to remain available until September 30, 2013, and 
$23,016,000 shall be paid to the ‘‘Science and Technology’’ appro-
priation to remain available until September 30, 2013. 
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM 
For necessary expenses to carry out leaking underground stor-
age tank cleanup activities authorized by subtitle I of the Solid 
Waste Disposal Act, as amended, $104,309,000, to remain available 
until expended, of which $73,809,000 shall be for carrying out 
leaking underground storage tank cleanup activities authorized by 
section 9003(h) of the Solid Waste Disposal Act, as amended; 
$30,500,000 shall be for carrying out the other provisions of the 
Solid Waste Disposal Act specified in section 9508(c) of the Internal 
Revenue Code, as amended: Provided, That the Administrator is 
authorized to use appropriations made available under this heading 
to implement section 9013 of the Solid Waste Disposal Act to 
provide financial assistance to federally recognized Indian tribes 
for the development and implementation of programs to manage 
underground storage tanks. 
INLAND OIL SPILL PROGRAMS 
For expenses necessary to carry out the Environmental Protec-
tion 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 avail-
able 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 activi-
ties: Provided further, That for fiscal year 2012, funds made avail-
able under this title to each State for Drinking Water State 
Revolving Fund capitalization grants may, at the discretion of each 
Native 
Americans. 
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125 STAT. 1017 
PUBLIC LAW 112–74—DEC. 23, 2011 
State, be used for projects to address green infrastructure, water 
or energy efficiency improvements, or other environmentally innova-
tive 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 facili-
ties in the area of the United States-Mexico Border, after consulta-
tion with the appropriate border commission; $10,000,000 shall 
be for grants to the State of Alaska to address drinking water 
and wastewater infrastructure needs of rural and Alaska Native 
Villages: Provided further, That, of these funds: (1) the State of 
Alaska shall provide a match of 25 percent; (2) no more than 
5 percent of the funds may be used for administrative and overhead 
expenses; and (3) the State of Alaska shall make awards consistent 
with the State-wide priority list established in conjunction with 
the Agency and the U.S. Department of Agriculture for all water, 
sewer, waste disposal, and similar projects carried out by the State 
of Alaska that are funded under section 221 of the Federal Water 
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm 
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall 
allocate not less than 25 percent of the funds provided for projects 
in regional hub communities; $95,000,000 shall be to carry out 
section 104(k) of the Comprehensive Environmental Response, Com-
pensation, 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, sub-
title 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 agen-
cies, 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 condi-
tions 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 sur-
veys 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 notwith-
standing section 603(d)(7) of the Federal Water Pollution Control 
Act, the limitation on the amounts in a State water pollution 
control revolving fund that may be used by a State to administer 
the fund shall not apply to amounts included as principal in loans 
made by such fund in fiscal year 2012 and prior years where 
such amounts represent costs of administering the fund to the 
extent that such amounts are or were deemed reasonable by the 
Administrator, accounted for separately from other assets in the 
Alaska. 
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125 STAT. 1018 
PUBLIC LAW 112–74—DEC. 23, 2011 
fund, and used for eligible purposes of the fund, including adminis-
tration: Provided further, That for fiscal year 2012, and notwith-
standing section 518(f) of the Act, the Administrator is authorized 
to use the amounts appropriated for any fiscal year under section 
319 of that Act to make grants to federally recognized Indian 
tribes pursuant to sections 319(h) and 518(e) of that Act: Provided 
further, That for fiscal year 2012, notwithstanding the limitation 
on amounts in section 518(c) of the Federal Water Pollution Control 
Act and section 1452(i) of the Safe Drinking Water Act, up to 
a total of 2 percent of the funds appropriated for State Revolving 
Funds under such Acts may be reserved by the Administrator 
for grants under section 518(c) and section 1452(i) of such Acts: 
Provided further, That for fiscal year 2012, notwithstanding the 
amounts specified in section 205(c) of the Federal Water Pollution 
Control Act, up to 1.5 percent of the aggregate funds appropriated 
for the Clean Water State Revolving Fund program under the 
Act less any sums reserved under section 518(c) of the Act, may 
be reserved by the Administrator for grants made under title II 
of the Clean Water Act for American Samoa, Guam, the Common-
wealth 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 recipi-
ents 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 avail-
able 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, busi-
ness, or other structure which lacks water, wastewater, or other 
necessary infrastructure: Provided further, That for fiscal year 2012 
and hereafter, the Administrator may transfer funds provided for 
tribal set-asides through funds appropriated for the Clean Water 
State Revolving Funds and for the Drinking Water State Revolving 
Funds between those accounts in such manner as the Administrator 
42 USC 300j–12 
note. 
Applicability. 
Grants. 
Native 
Americans. 
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125 STAT. 1019 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 con-
sortia, if authorized by their member tribes, to assist the Adminis-
trator in implementing Federal environmental programs for Indian 
tribes required or authorized by law, except that no such cooperative 
agreements may be awarded from funds designated for State finan-
cial 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 Pes-
ticide 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 concur-
rence 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 Ini-
tiative 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 Sub-
stance Superfund’’ account; $5,000,000 shall be rescinded from 
unobligated Brownfields balances within the ‘‘State and Tribal 
Assistance Grants’’ account; $5,000,000 shall be rescinded from 
unobligated Mexico Border balances within the ‘‘State and Tribal 
Assistance Grants’’ account; $5,000,000 shall be rescinded from 
unobligated Diesel Emissions Reduction Act balances within the 
‘‘State and Tribal Assistance Grants’’ account; $20,000,000 shall 
be rescinded from unobligated categorical grant balances within 
the ‘‘State and Tribal Assistance Grants’’ account; and $10,000,000 
shall be rescinded from unobligated Clean Water State Revolving 
Funds balances within the ‘‘State and Tribal Assistance Grants’’ 
account: Provided further, That no amounts may be rescinded from 
amounts that were designated by the Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget 
or the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended. 
Contracts. 
Grants. 
Fees. 
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125 STAT. 1020 
PUBLIC LAW 112–74—DEC. 23, 2011 
For fiscal year 2012 and each fiscal year thereafter, the require-
ments 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 require-
ments of section 1450(e) of the Safe Drinking Water Act (42 U.S.C. 
300j–9(e)) shall apply to any construction project carried out in 
whole or in part with assistance made available by a drinking 
water treatment revolving loan fund as authorized by section 1452 
of that Act (42 U.S.C. 300j–12). 
Notwithstanding section 104 of the Comprehensive Environ-
mental 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 noti-
fying 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 expendi-
ture in the ‘‘Inland Oil Spill Programs’’ account will be exhausted 
within 30 days: Provided further, That such funds shall be replen-
ished to the appropriation that was the source of the expenditure 
or transfer, following EPA’s receipt of reimbursement from the 
Oil Spill Liability Trust Fund pursuant to the Oil Pollution Act 
of 1990. 
TITLE III 
RELATED AGENCIES 
DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 
FOREST AND RANGELAND RESEARCH 
For necessary expenses of forest and rangeland research as 
authorized by law, $295,773,000, to remain available until 
expended: Provided, That of the funds provided, $64,372,000 is 
for the forest inventory and analysis program. 
STATE AND PRIVATE FORESTRY 
For necessary expenses of cooperating with and providing tech-
nical and financial assistance to States, territories, possessions, 
and others, and for forest health management, including treatments 
of pests, pathogens, and invasive or noxious plants and for restoring 
and rehabilitating forests damaged by pests or invasive plants, 
cooperative forestry, and education and land conservation activities 
and 
conducting 
an 
international 
program 
as 
authorized, 
$253,331,000, to remain available until expended, as authorized 
by law; of which $53,388,000 is to be derived from the Land and 
Water Conservation Fund. 
Determination. 
Deadline. 
Deadline. 
Notification. 
Applicability. 
42 USC 300j–9 
note. 
Applicability. 
33 USC 1372 
note. 
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125 STAT. 1021 
PUBLIC LAW 112–74—DEC. 23, 2011 
NATIONAL FOREST SYSTEM 
For necessary expenses of the Forest Service, not otherwise 
provided for, for management, protection, improvement, and utiliza-
tion of the National Forest System, $1,556,628,000, to remain avail-
able 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 Collabo-
rative Forest Landscape Restoration Fund for ecological restoration 
treatments as authorized by 16 U.S.C. 7303(f): Provided further, 
That of the funds provided, up to $68,000,000 is for the Integrated 
Resource Restoration pilot program for Region 1, Region 3 and 
Region 4: Provided further, That of the funds provided for forest 
products, up to $44,585,000 may be transferred to support the 
Integrated Resource Restoration pilot program in the preceding 
proviso. 
CAPITAL IMPROVEMENT AND MAINTENANCE 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Forest Service, not otherwise 
provided for, $394,721,000, to remain available until expended, 
for construction, capital improvement, maintenance and acquisition 
of buildings and other facilities and infrastructure; and for construc-
tion, 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 threat-
ened, endangered, or sensitive species or community water sources: 
Provided further, That funds becoming available in fiscal year 2012 
under the Act of March 4, 1913 (16 U.S.C. 501) shall be transferred 
to the General Fund of the Treasury and shall not be available 
for transfer or obligation for any other purpose unless the funds 
are appropriated: Provided further, That of the funds provided 
for decommissioning of roads, up to $13,000,000 may be transferred 
to the ‘‘National Forest System’’ to support the Integrated Resource 
Restoration pilot program. 
LAND ACQUISITION 
For expenses necessary to carry out the provisions of the Land 
and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 
460l–4 through 11), including administrative expenses, and for 
acquisition of land or waters, or interest therein, in accordance 
with statutory authority applicable to the Forest Service, 
$52,605,000, to be derived from the Land and Water Conservation 
Fund and to remain available until expended. 
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS 
For acquisition of lands within the exterior boundaries of the 
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe 
Roads. 
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125 STAT. 1022 
PUBLIC LAW 112–74—DEC. 23, 2011 
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia, 
and Cleveland National Forests, California, as authorized by law, 
$955,000, to be derived from forest receipts. 
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES 
For acquisition of lands, such sums, to be derived from funds 
deposited by State, county, or municipal governments, public school 
districts, or other public school authorities, and for authorized 
expenditures from funds deposited by non-Federal parties pursuant 
to Land Sale and Exchange Acts, pursuant to the Act of December 
4, 1967, as amended (16 U.S.C. 484a), to remain available until 
expended (16 U.S.C. 460l–516–617a, 555a; Public Law 96–586; 
Public Law 76–589, 76–591; and Public Law 78–310). 
RANGE BETTERMENT FUND 
For necessary expenses of range rehabilitation, protection, and 
improvement, 50 percent of all moneys received during the prior 
fiscal year, as fees for grazing domestic livestock on lands in 
National Forests in the 16 Western States, pursuant to section 
401(b)(1) of Public Law 94–579, as amended, to remain available 
until expended, of which not to exceed 6 percent shall be available 
for administrative expenses associated with on-the-ground range 
rehabilitation, protection, and improvements. 
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND 
RESEARCH 
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to 
remain available until expended, to be derived from the fund estab-
lished 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 pur-
poses: 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 emer-
gencies are fully repaid by the responsible emergency management 
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125 STAT. 1023 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 agree-
ments: 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 appropria-
tion, are also available in the utilization of these funds for Fire 
Science Research: Provided further, That funds provided shall be 
available for emergency rehabilitation and restoration, hazardous 
fuels reduction activities in the urban-wildland interface, support 
to Federal emergency response, and wildfire suppression activities 
of the Forest Service: Provided further, That of the funds provided, 
$317,584,000 is for hazardous fuels reduction activities, $21,734,000 
is for research activities and to make competitive research grants 
pursuant to the Forest and Rangeland Renewable Resources 
Research Act, as amended (16 U.S.C. 1641 et seq.), $55,564,000 
is for State fire assistance, $6,366,000 is for volunteer fire assist-
ance, $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 res-
toration: 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 authori-
ties made available to the Forest Service under the ‘‘State and 
Private Forestry’’ appropriation: Provided further, That the Sec-
retary 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 authori-
ties 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: Pro-
vided further, That no amounts may be cancelled from amounts 
that were designated by the Congress as an emergency requirement 
Determination. 
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125 STAT. 1024 
PUBLIC LAW 112–74—DEC. 23, 2011 
pursuant to the Concurrent Resolution on the Budget or the Bal-
anced 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 Agri-
culture shall obligate all unobligated balances previously made 
available under this heading (including the unobligated balances 
transferred to Forest Service accounts under this heading by divi-
sion B of the Consolidated Security, Disaster Assistance, and Con-
tinuing Appropriations Act, 2009 (Public Law 110–329, 122 Stat. 
3594)) that, when appropriated, were designated by Congress as 
an emergency requirement pursuant to the Concurrent Resolution 
on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985 and notify the Committees on Appropriations 
of the House of Representatives and the Senate in writing of the 
imminent need to begin obligating funds provided herein for 
wildland fire suppression: Provided further, That funds designated 
for wildfire suppression, including funds transferred from the 
‘‘FLAME Wildfire Suppression Reserve Fund’’, shall be assessed 
for cost pools on the same basis as such assessments are calculated 
against other agency programs: Provided further, That of the funds 
for hazardous fuels reduction, up to $21,000,000 may be transferred 
to the ‘‘National Forest System’’ to support the Integrated Resource 
Restoration pilot program. 
FLAME WILDFIRE SUPPRESSION RESERVE FUND 
(INCLUDING TRANSFERS OF FUNDS) 
For necessary expenses for large fire suppression operations 
of the Department of Agriculture and as a reserve fund for suppres-
sion and Federal emergency response activities, $315,886,000, to 
remain available until expended: Provided, That such amounts 
are available only for transfer to the ‘‘Wildland Fire Management’’ 
account and only following a declaration by the Secretary that 
either (1) a wildland fire suppression event meets certain previously 
established risk-based written criteria for significant complexity, 
severity, or threat posed by the fire or (2) funds in the ‘‘Wildland 
Fire Management’’ account will be exhausted within 30 days. 
ADMINISTRATIVE PROVISIONS—FOREST SERVICE 
(INCLUDING TRANSFERS OF FUNDS) 
Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and 
hire of such vehicles; purchase, lease, operation, maintenance, and 
acquisition of aircraft from excess sources to maintain the operable 
fleet for use in Forest Service wildland fire programs and other 
Forest Service programs; notwithstanding other provisions of law, 
existing aircraft being replaced may be sold, with proceeds derived 
or trade-in value used to offset the purchase price for the replace-
ment 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) pur-
chase, 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 pursu-
ant to the Volunteers in the National Forest Act of 1972 (16 U.S.C. 
Declaration. 
Deadline. 
Assessments. 
Notification. 
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125 STAT. 1025 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 prepared-
ness due to severe burning conditions upon the Secretary’s notifica-
tion of the House and Senate Committees on Appropriations that 
all fire suppression funds appropriated under the headings 
‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire Suppression 
Reserve Fund’’ will be obligated within 30 days: Provided, That 
all funds used pursuant to this paragraph must be replenished 
by a supplemental appropriation which must be requested as 
promptly as possible. 
Funds appropriated to the Forest Service shall be available 
for assistance to or through the Agency for International Develop-
ment in connection with forest and rangeland research, technical 
information, and assistance in foreign countries, and shall be avail-
able to support forestry and related natural resource activities 
outside the United States and its territories and possessions, 
including technical assistance, education and training, and coopera-
tion 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 re-
programming procedures contained in the joint explanatory state-
ment 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 Depart-
ment of Agriculture for Department Reimbursable Programs, com-
monly 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 Depart-
ment 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 Conserva-
tion Corps and shall be carried out under the authority of the 
16 USC 556i. 
Notification. 
Deadline. 
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125 STAT. 1026 
PUBLIC LAW 112–74—DEC. 23, 2011 
Public Lands Corps Act of 1993, Public Law 103–82, as amended 
by Public Lands Corps Healthy Forests Restoration Act of 2005, 
Public Law 109–154. 
Of the funds available to the Forest Service, $4,000 is available 
to the Chief of the Forest Service for official reception and represen-
tation expenses. 
Pursuant to sections 405(b) and 410(b) of Public Law 101– 
593, of the funds available to the Forest Service, up to $3,000,000 
may be advanced in a lump sum to the National Forest Foundation 
to aid conservation partnership projects in support of the Forest 
Service mission, without regard to when the Foundation incurs 
expenses, for projects on or benefitting National Forest System 
lands or related to Forest Service programs: Provided, That of 
the Federal funds made available to the Foundation, no more than 
$300,000 shall be available for administrative expenses: Provided 
further, That the Foundation shall obtain, by the end of the period 
of Federal financial assistance, private contributions to match on 
at least one-for-one basis funds made available by the Forest 
Service: Provided further, That the Foundation may transfer Fed-
eral funds to a Federal or a non-Federal recipient for a project 
at the same rate that the recipient has obtained the non-Federal 
matching funds: Provided further, That authorized investments of 
Federal funds held by the Foundation may be made only in interest- 
bearing obligations of the United States or in obligations guaranteed 
as to both principal and interest by the United States. 
Pursuant to section 2(b)(2) of Public Law 98–244, $3,000,000 
of the funds available to the Forest Service may be advanced 
to the National Fish and Wildlife Foundation in a lump sum to 
aid cost-share conservation projects, without regard to when 
expenses are incurred, on or benefitting National Forest System 
lands or related to Forest Service programs: Provided, That such 
funds shall be matched on at least a one-for-one basis by the 
Foundation or its sub-recipients: Provided further, That the Founda-
tion 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 decommis-
sioning. Such assessments shall occur using a square foot rate 
charged on the same basis the agency uses to assess programs 
for payment of rent, utilities, and other support services. 
Notwithstanding any other provision of law, any appropriations 
or funds available to the Forest Service not to exceed $500,000 
may be used to reimburse the Office of the General Counsel (OGC), 
Department of Agriculture, for travel and related expenses incurred 
Assessments. 
Time period. 
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125 STAT. 1027 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 mat-
ters. Future budget justifications for both the Forest Service and 
the Department of Agriculture should clearly display the sums 
previously transferred and the requested funding transfers. 
An eligible individual who is employed in any project funded 
under title V of the Older American Act of 1965 (42 U.S.C. 3056 
et seq.) and administered by the Forest Service shall be considered 
to be a Federal employee for purposes of chapter 171 of title 28, 
United States Code. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
INDIAN HEALTH SERVICE 
INDIAN HEALTH SERVICES 
For expenses necessary to carry out the Act of August 5, 1954 
(68 Stat. 674), the Indian Self-Determination Act, the Indian Health 
Care Improvement Act, and titles II and III of the Public Health 
Service 
Act 
with 
respect 
to 
the 
Indian 
Health 
Service, 
$3,872,377,000, together with payments received during the fiscal 
year pursuant to 42 U.S.C. 238(b) and 238b for services furnished 
by the Indian Health Service: Provided, That funds made available 
to tribes and tribal organizations through contracts, grant agree-
ments, 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 Emer-
gency Fund, shall remain available until expended: Provided fur-
ther, That of the funding provided for information technology activi-
ties and, notwithstanding any other provision of law, $4,000,000 
shall be allocated at the discretion of the Director of the Indian 
Health Service: Provided further, That of the funds provided, up 
to 
$36,000,000 
shall 
remain 
available 
until 
expended 
for 
implementation of the loan repayment program under section 108 
of the Indian Health Care Improvement Act: Provided further, 
That the amounts collected by the Federal Government as author-
ized by sections 104 and 108 of the Indian Health Care Improve-
ment Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal 
year for breach of contracts shall be deposited to the Fund author-
ized 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 provi-
sion of law, the amounts made available within this account for 
the methamphetamine and suicide prevention and treatment initia-
tive and for the domestic violence prevention initiative shall be 
allocated at the discretion of the Director of the Indian Health 
Service and shall remain available until expended: Provided further, 
That funds provided in this Act may be used for annual contracts 
Allocations. 
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125 STAT. 1028 
PUBLIC LAW 112–74—DEC. 23, 2011 
and grants that fall within 2 fiscal years, provided the total obliga-
tion is recorded in the year the funds are appropriated: Provided 
further, That the amounts collected by the Secretary of Health 
and Human Services under the authority of title IV of the Indian 
Health Care Improvement Act shall remain available until 
expended for the purpose of achieving compliance with the 
applicable conditions and requirements of titles XVIII and XIX 
of the Social Security Act, except for those related to the planning, 
design, or construction of new facilities: Provided further, That 
funding contained herein for scholarship programs under the Indian 
Health Care Improvement Act (25 U.S.C. 1613) shall remain avail-
able 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 provi-
sion of law, of the amounts provided herein, not to exceed 
$472,193,000 shall be for payments to tribes and tribal organiza-
tions 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-govern-
ance 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 identifi-
able 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 equip-
ment 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 commu-
nity 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 environ-
mental 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 appro-
priated for the planning, design, construction, renovation or expan-
sion 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 equip-
ment from the Department of Defense for distribution to the Indian 
Reports. 
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125 STAT. 1029 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Depart-
ment of Housing and Urban Development: Provided further, That 
not to exceed $2,700,000 from this account and the ‘‘Indian Health 
Services’’ account shall be used by the Indian Health Service to 
obtain ambulances for the Indian Health Service and tribal facilities 
in conjunction with an existing interagency agreement between 
the Indian Health Service and the General Services Administration: 
Provided further, That not to exceed $500,000 shall be placed in 
a Demolition Fund, to remain available until expended, and be 
used by the Indian Health Service for the demolition of Federal 
buildings. 
ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE 
Appropriations provided in this Act to the Indian Health Service 
shall be available for services as authorized by 5 U.S.C. 3109 
at rates not to exceed the per diem rate equivalent to the maximum 
rate payable for senior-level positions under 5 U.S.C. 5376; hire 
of passenger motor vehicles and aircraft; purchase of medical equip-
ment; 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 author-
ized 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 accord-
ance 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 not-
withstanding 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 avail-
able 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 
Assessments. 
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125 STAT. 1030 
PUBLIC LAW 112–74—DEC. 23, 2011 
or tribal organization without fiscal year limitation: Provided fur-
ther, That none of the funds made available to the Indian Health 
Service in this Act shall be used to implement the final rule pub-
lished in the Federal Register on September 16, 1987, by the 
Department of Health and Human Services, relating to the eligi-
bility for the health care services of the Indian Health Service 
until the Indian Health Service has submitted a budget request 
reflecting the increased costs associated with the proposed final 
rule, and such request has been included in an appropriations 
Act and enacted into law: Provided further, That with respect 
to functions transferred by the Indian Health Service to tribes 
or tribal organizations, the Indian Health Service is authorized 
to provide goods and services to those entities on a reimbursable 
basis, including payments in advance with subsequent adjustment, 
and the reimbursements received therefrom, along with the funds 
received from those entities pursuant to the Indian Self-Determina-
tion 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 pro-
vided 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 Environ-
mental Health Sciences in carrying out activities set forth in section 
311(a) of the Comprehensive Environmental Response, Compensa-
tion, 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 Sub-
stances 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 activi-
ties, including, without limitation, biomedical testing, clinical 
evaluations, medical monitoring, and referral to accredited 
healthcare providers: Provided further, That in performing any 
Notification. 
Regulations. 
Budget request. 
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125 STAT. 1031 
PUBLIC LAW 112–74—DEC. 23, 2011 
such health assessment or health study, evaluation, or activity, 
the Administrator of ATSDR shall not be bound by the deadlines 
in section 104(i)(6)(A) of CERCLA: Provided further, That none 
of the funds appropriated under this heading shall be available 
for ATSDR to issue in excess of 40 toxicological profiles pursuant 
to section 104(I) of CERCLA during fiscal year 2012, and existing 
profiles may be updated as necessary. 
OTHER RELATED AGENCIES 
EXECUTIVE OFFICE OF THE PRESIDENT 
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF 
ENVIRONMENTAL QUALITY 
For necessary expenses to continue functions assigned to the 
Council on Environmental Quality and Office of Environmental 
Quality pursuant to the National Environmental Policy Act of 1969, 
the Environmental Quality Improvement Act of 1970, and Reorga-
nization 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 equiva-
lent 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 fur-
ther, That notwithstanding any other provision of law, the Inspector 
General of the Board shall utilize personnel of the Office of Inspector 
General of EPA in performing the duties of the Inspector General 
of the Board, and shall not appoint any individuals to positions 
within the Board. 
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Navajo and Hopi Indian 
Relocation as authorized by Public Law 93–531, $7,750,000, to 
remain available until expended: Provided, That funds provided 
in this or any other appropriations Act are to be used to relocate 
5 USC app. 8G 
note. 
Career positions. 
Appointment. 
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125 STAT. 1032 
PUBLIC LAW 112–74—DEC. 23, 2011 
eligible individuals and groups including evictees from District 6, 
Hopi-partitioned lands residents, those in significantly substandard 
housing, and all others certified as eligible and not included in 
the preceding categories: Provided further, That none of the funds 
contained in this or any other Act may be used by the Office 
of Navajo and Hopi Indian Relocation to evict any single Navajo 
or Navajo family who, as of November 30, 1985, was physically 
domiciled on the lands partitioned to the Hopi Tribe unless a 
new or replacement home is provided for such household: Provided 
further, That no relocatee will be provided with more than one 
new or replacement home: Provided further, That the Office shall 
relocate any certified eligible relocatees who have selected and 
received an approved homesite on the Navajo reservation or selected 
a replacement residence off the Navajo reservation or on the land 
acquired pursuant to 25 U.S.C. 640d–10. 
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND 
ARTS DEVELOPMENT 
PAYMENT TO THE INSTITUTE 
For payment to the Institute of American Indian and Alaska 
Native Culture and Arts Development, as authorized by title XV 
of Public Law 99–498, as amended (20 U.S.C. 56 part A), $8,533,000. 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For necessary expenses of the Smithsonian Institution, as 
authorized by law, including research in the fields of art, science, 
and history; development, preservation, and documentation of the 
National Collections; presentation of public exhibits and perform-
ances; 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 re-
installation, the National Museum of African American History 
and Culture, and the repatriation of skeletal remains program 
shall remain available until expended; and including such funds 
as may be necessary to support American overseas research centers: 
Provided, That funds appropriated herein are available for advance 
payments to independent contractors performing research services 
or participating in official Smithsonian presentations. 
FACILITIES CAPITAL 
For necessary expenses of repair, revitalization, and alteration 
of facilities owned or occupied by the Smithsonian Institution, by 
contract or otherwise, as authorized by section 2 of the Act of 
August 22, 1949 (63 Stat. 623), and for construction, including 
necessary personnel, $175,000,000, to remain available until 
Contracts. 
Relocation. 
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125 STAT. 1033 
PUBLIC LAW 112–74—DEC. 23, 2011 
expended, of which not to exceed $10,000 is for services as author-
ized by 5 U.S.C. 3109, and of which $75,000,000 shall be to complete 
design and begin construction of the National Museum of African 
American History and Culture: Provided, That during fiscal year 
2012 and any succeeding fiscal year, a single procurement for 
construction of the National Museum of African American History 
and Culture, as authorized under section 8 of the National Museum 
of African American History and Culture Act (20 U.S.C. 80r–6), 
may be issued that includes the full scope of the project: Provided 
further, That the solicitation and contract shall contain the clause 
‘‘availability of funds’’ found at 48 CFR 52.232.18. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For the upkeep and operations of the National Gallery of Art, 
the protection and care of the works of art therein, and administra-
tive 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 mem-
bership in library, museum, and art associations or societies whose 
publications or services are available to members only, or to mem-
bers 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 author-
ized, $14,516,000, to remain available until expended: Provided, 
That contracts awarded for environmental systems, protection sys-
tems, and exterior repair or renovation of buildings of the National 
Gallery of Art may be negotiated with selected contractors and 
awarded on the basis of contractor qualifications as well as price. 
Contracts. 
20 USC 80r–6 
note. 
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125 STAT. 1034 
PUBLIC LAW 112–74—DEC. 23, 2011 
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 
OPERATIONS AND MAINTENANCE 
For necessary expenses for the operation, maintenance and 
security of the John F. Kennedy Center for the Performing Arts, 
$23,200,000. 
CAPITAL REPAIR AND RESTORATION 
For necessary expenses for capital repair and restoration of 
the existing features of the building and site of the John F. Kennedy 
Center for the Performing Arts, $13,650,000, to remain available 
until expended. 
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS 
SALARIES AND EXPENSES 
For expenses necessary in carrying out the provisions of the 
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including 
hire of passenger vehicles and services as authorized by 5 U.S.C. 
3109, $11,005,000, to remain available until September 30, 2013. 
NATIONAL FOUNDATION ON THE ARTS 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 appro-
priations for carrying out section 10(a)(2) shall be available for 
obligation only in such amounts as may be equal to the total 
amounts of gifts, bequests, and devises of money, and other property 
accepted by the chairman or by grantees of the Endowment under 
the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the 
current and preceding fiscal years for which equal amounts have 
not previously been appropriated. 
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125 STAT. 1035 
PUBLIC LAW 112–74—DEC. 23, 2011 
ADMINISTRATIVE PROVISIONS 
None of the funds appropriated to the National Foundation 
on the Arts and the Humanities may be used to process any grant 
or contract documents which do not include the text of 18 U.S.C. 
1913: Provided, That none of the funds appropriated to the National 
Foundation on the Arts and the Humanities may be used for official 
reception and representation expenses: Provided further, That funds 
from nonappropriated sources may be used as necessary for official 
reception and representation expenses: Provided further, That the 
Chairperson of the National Endowment for the Arts may approve 
grants of up to $10,000, if in the aggregate this amount does 
not exceed 5 percent of the sums appropriated for grantmaking 
purposes per year: Provided further, That such small grant actions 
are taken pursuant to the terms of an expressed and direct delega-
tion 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 with-
out 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 Commis-
sion of Fine Arts, for the purpose of artistic display, study or 
education. 
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS 
For necessary expenses as authorized by Public Law 99–190 
(20 U.S.C. 956a), as amended, $2,000,000. 
ADMINISTRATIVE PROVISION 
The item relating to ‘‘National Capital Arts and Cultural 
Affairs’’ in the Department of the Interior and Related Agencies 
Appropriations Act, 1986, as enacted into law by section 101(d) 
of Public Law 99–190 (99 Stat. 1261; 20 U.S.C. 956a) is amended— 
(1) by deleting the last sentence in the second paragraph 
and replacing it with the following: ‘‘Each eligible organization 
must have its principal place of business in the District of 
Columbia and in a facility or facilities located in the District 
of Columbia.’’; and 
(2) In the third paragraph, by deleting ‘‘in addition to 
those herein named’’ at the end of the sentence. 
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125 STAT. 1036 
PUBLIC LAW 112–74—DEC. 23, 2011 
ADVISORY COUNCIL ON HISTORIC PRESERVATION 
SALARIES AND EXPENSES 
For necessary expenses of the Advisory Council on Historic 
Preservation (Public Law 89–665, as amended), $6,108,000. 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the National Capital Planning 
Commission under chapter 87 of title 40, United States Code, 
including services as authorized by 5 U.S.C. 3109, $8,154,000: Pro-
vided, That one-quarter of 1 percent of the funds provided under 
this heading may be used for official reception and representational 
expenses associated with hosting international visitors engaged in 
the planning and physical development of world capitals. 
UNITED STATES HOLOCAUST MEMORIAL MUSEUM 
HOLOCAUST MEMORIAL MUSEUM 
For expenses of the Holocaust Memorial Museum, as authorized 
by Public Law 106–292 (36 U.S.C. 2301–2310), $50,798,000, of 
which $515,000 shall remain available until September 30, 2014, 
for the Museum’s equipment replacement program; and of which 
$1,900,000 for the Museum’s repair and rehabilitation program 
and $1,264,000 for the Museum’s outreach initiatives program shall 
remain available until expended. 
PRESIDIO TRUST 
PRESIDIO TRUST FUND 
For necessary expenses to carry out title I of the Omnibus 
Parks and Public Lands Management Act of 1996, $12,000,000 
shall be available to the Presidio Trust, to remain available until 
expended. 
DWIGHT D. EISENHOWER MEMORIAL COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, including the costs of construction 
design, of the Dwight D. Eisenhower Memorial Commission, 
$2,000,000, to remain available until expended. 
CAPITAL CONSTRUCTION 
For necessary expenses of the Dwight D. Eisenhower Memorial 
Commission for design and construction of a memorial in honor 
of Dwight D. Eisenhower, as authorized by Public Law 106–79, 
$30,990,000, to remain available until expended: Provided, That 
beginning in fiscal year 2012 and thereafter, any procurement for 
the construction of the permanent memorial to Dwight D. Eisen-
hower, as authorized by section 8162 of the Department of Defense 
Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106– 
79), as amended by section 8120 of the Department of Defense 
Effective date. 
Contracts. 
40 USC 8903 
note. 
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125 STAT. 1037 
PUBLIC LAW 112–74—DEC. 23, 2011 
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, pursu-
ant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant 
to existing law. 
RESTRICTION ON USE OF FUNDS 
SEC. 402. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or distribution 
of literature that in any way tends to promote public support 
or opposition to any legislative proposal on which Congressional 
action is not complete other than to communicate to Members 
of Congress as described in 18 U.S.C. 1913. 
OBLIGATION OF APPROPRIATIONS 
SEC. 403. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
PROHIBITION ON USE OF FUNDS FOR PERSONAL SERVICES 
SEC. 404. None of the funds provided in this Act to any depart-
ment 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 oper-
ations shall be presented in annual budget justifications and subject 
to approval by the Committees on Appropriations of the House 
of Representatives and the Senate. Changes to such estimates shall 
be presented to the Committees on Appropriations for approval. 
Budget 
estimates. 
Lobbying. 
Contracts. 
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125 STAT. 1038 
PUBLIC LAW 112–74—DEC. 23, 2011 
GIANT SEQUOIA 
SEC. 406. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as giant 
sequoia (Sequoiadendron giganteum) which are located on National 
Forest System or Bureau of Land Management lands in a manner 
different than such sales were conducted in fiscal year 2011. 
MINING APPLICATIONS 
SEC. 407. (a) LIMITATION OF FUNDS.—None of the funds appro-
priated or otherwise made available pursuant to this Act shall 
be obligated or expended to accept or process applications for a 
patent for any mining or mill site claim located under the general 
mining laws. 
(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary 
of the Interior determines that, for the claim concerned (1) a patent 
application was filed with the Secretary on or before September 
30, 1994; and (2) all requirements established under sections 2325 
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein 
or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised 
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 
2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims, 
as the case may be, were fully complied with by the applicant 
by that date. 
(c) REPORT.—On September 30, 2013, the Secretary of the 
Interior shall file with the House and Senate Committees on Appro-
priations 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 sub-
mitted 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-deter-
mination or self-governance contracts, grants, compacts, or annual 
Determination. 
Patents and 
trademarks. 
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125 STAT. 1039 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 organiza-
tions 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 with-
out revision of the plan for a unit of the National Forest System. 
Nothing in this section exempts the Secretary from any other 
requirement of the Forest and Rangeland Renewable Resources 
Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided, 
That if the Secretary is not acting expeditiously and in good faith, 
within the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with respect 
to such plan and a court of proper jurisdiction may order completion 
of the plan on an accelerated basis. 
PROHIBITION WITHIN NATIONAL MONUMENTS 
SEC. 410. No funds provided in this Act may be expended 
to conduct preleasing, leasing and related activities under either 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 
boundaries of a National Monument established pursuant to the 
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 
existed on January 20, 2001, except where such activities are 
allowed under the Presidential proclamation establishing such 
monument. 
AMENDMENTS TO THE TEMPORARY EMERGENCY WILDFIRE 
SUPPRESSION ACT 
SEC. 411. The Temporary Emergency Wildfire Suppression Act 
(42 U.S.C. 1856m et seq.) is amended— 
(1) in the first section (42 U.S.C. 1856m note)— 
(A) by striking ‘‘That this’’ and inserting the following: 
‘‘SEC. 1. SHORT TITLE. 
‘‘This’’; and 
(B) by striking ‘‘Temporary’’; 
(2) by striking section 2 (42 U.S.C. 1856m) and inserting 
the following: 
‘‘SEC. 2. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) ASSUME ANY AND ALL LIABILITY.—The term ‘assume 
any and all liability’ means— 
‘‘(A) the payment of— 
‘‘(i) any judgment, settlement, fine, penalty, or cost 
assessment (including prevailing party legal fees) asso-
ciated with the applicable litigation; and 
16 USC 1604 
note. 
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125 STAT. 1040 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘(ii) any cost incurred in handling the applicable 
litigation (including legal fees); and 
‘‘(B) with respect to a Federal firefighter, arranging 
for, and paying the costs of, representation in the applicable 
litigation. 
‘‘(2) FEDERAL FIREFIGHTER.—The term ‘Federal firefighter’ 
means an individual furnished by the Secretary of Agriculture 
or the Secretary of the Interior under an agreement entered 
into under section 3. 
‘‘(3) FOREIGN FIRE ORGANIZATION.—The term ‘foreign fire 
organization’ means any foreign governmental, public, or pri-
vate entity that has wildfire protection resources. 
‘‘(4) FOREIGN FIREFIGHTER.—The term ‘foreign firefighter’ 
means an individual furnished by a foreign fire organization 
under an agreement entered into under section 3. 
‘‘(5) WILDFIRE.—The term ‘wildfire’ means any forest or 
range fire. 
‘‘(6) WILDFIRE PROTECTION RESOURCES.—The term ‘wildfire 
protection resources’ means any personnel, supplies, equipment, 
or other resources required for wildfire presuppression and 
suppression activities.’’; 
(3) in section 3 (42 U.S.C. 1856n)— 
(A) in subsection (a)— 
(i) by striking ‘‘(a)(1) The Secretary of Agriculture’’ 
and inserting the following: 
‘‘(a) EXCHANGE OF WILDFIRE PROTECTION RESOURCES UNDER 
A RECIPROCAL AGREEMENT WITH A FOREIGN FIRE ORGANIZATION.— 
‘‘(1) AUTHORITY TO ENTER INTO A RECIPROCAL AGREEMENT.— 
The Secretary of Agriculture’’; and 
(ii) in paragraph (2), by striking ‘‘(2) Any agree-
ment’’ 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.—Not-
withstanding’’; and 
(D) in subsection (d)— 
(i) by striking, ‘‘(d) Any service’’ and inserting the 
following: 
‘‘(d) SERVICE
PERFORMED
UNDER
THIS
ACT
BY
FEDERAL 
EMPLOYEES.— 
‘‘(1) IN GENERAL.—Any service’’; and 
(ii) in the second sentence, by striking ‘‘The’’ and 
inserting the following: 
‘‘(2) EFFECT.—Except as provided in section 4, the’’; 
(4) by redesignating section 4 (42 U.S.C. 1856o) as section 
5; 
(5) by inserting after section 3 the following: 
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125 STAT. 1041 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘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 associ-
ated with the foreign firefighter is legally responsible under 
applicable law, may be prosecuted only— 
‘‘(A) against the United States; and 
‘‘(B) as if the act or omission were the act or omission 
of an employee of the United States. 
‘‘(b) PROTECTION FROM LIABILITY FOR FEDERAL FIREFIGHTERS 
AND THE FEDERAL GOVERNMENT.—The Secretary of Agriculture and 
the Secretary of the Interior may provide the protections under 
subsection (a) if the foreign fire organization agrees— 
‘‘(1) to assume any and all liability for any legal action 
brought against the Federal firefighter for an act or omission 
of the Federal firefighter while acting within the scope of an 
official duty under the agreement; and 
‘‘(2) to the extent the United States or any legal organiza-
tion 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 per-
sonnel’’ each place it appears and inserting ‘‘wildfire 
protection resources (including personnel)’’; 
(ii) by inserting ‘‘for wildfire suppression activities’’ 
before ‘‘unless’’; and 
(iii) by striking ‘‘provide wildfire protection’’ and 
inserting ‘‘provide wildfire suppression’’. 
42 USC 1856n–1. 
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125 STAT. 1042 
PUBLIC LAW 112–74—DEC. 23, 2011 
CONTRACTING AUTHORITIES 
SEC. 412. In awarding a Federal contract with funds made 
available by this Act, notwithstanding Federal Government procure-
ment 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 economi-
cally disadvantaged rural community, including those historically 
timber-dependent areas that have been affected by reduced timber 
harvesting on Federal lands and other forest-dependent rural 
communities isolated from significant alternative employment 
opportunities: Provided, That notwithstanding Federal Government 
procurement and contracting laws the Secretaries may award con-
tracts, grants or cooperative agreements to local non-profit entities, 
Youth Conservation Corps or related partnerships with State, local 
or non-profit youth groups, or small or micro-business or disadvan-
taged business: Provided further, That the contract, grant, or 
cooperative agreement is for forest hazardous fuels reduction, water-
shed or water quality monitoring or restoration, wildlife or fish 
population monitoring, road decommissioning, trail maintenance 
or improvement, or habitat restoration or management: Provided 
further, That the terms ‘‘rural community’’ and ‘‘economically dis-
advantaged’’ 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 procure-
ment laws, except as provided in this section. 
LIMITATION ON TAKINGS 
SEC. 413. Unless otherwise provided herein, no funds appro-
priated 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 adver-
tised if the indicated rate is deficit (defined as the value of the 
timber is not sufficient to cover all logging and stumpage costs 
and provide a normal profit and risk allowance under the Forest 
Service’s appraisal process) when appraised using a residual value 
appraisal. The western red cedar timber from those sales which 
is surplus to the needs of the domestic processors in Alaska, shall 
be made available to domestic processors in the contiguous 48 
United States at prevailing domestic prices. All additional western 
red cedar volume not sold to Alaska or contiguous 48 United States 
domestic processors may be exported to foreign markets at the 
election of the timber sale holder. All Alaska yellow cedar may 
Alaska. 
Guidance. 
Urban and rural 
areas. 
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125 STAT. 1043 
PUBLIC LAW 112–74—DEC. 23, 2011 
be sold at prevailing export prices at the election of the timber 
sale holder. 
EXTENSION OF GRAZING PERMITS 
SEC. 415. The terms and conditions of section 325 of Public 
Law 108–108 (117 Stat. 1307), regarding grazing permits at the 
Department of the Interior and the Forest Service, shall remain 
in effect for fiscal years 2012 and 2013. A grazing permit or lease 
issued by the Secretary of the Interior for lands administered by 
the Bureau of Land Management that is the subject of a request 
for a grazing preference transfer shall be issued, without further 
processing, for the remaining time period in the existing permit 
or lease using the same mandatory terms and conditions. If the 
authorized officer determines a change in the mandatory terms 
and conditions is required, the new permit must be processed as 
directed in section 325 of Public Law 108–108. 
PROHIBITION ON NO-BID CONTRACTS 
SEC. 416. None of the funds appropriated or otherwise made 
available by this Act to executive branch agencies may be used 
to enter into any Federal contract unless such contract is entered 
into in accordance with the requirements of Chapter 33 of title 
41, United States Code, or Chapter 137 of title 10, United States 
Code, and the Federal Acquisition Regulation, unless— 
(1) Federal law specifically authorizes a contract to be 
entered into without regard for these requirements, including 
formula grants for States, or federally recognized Indian tribes; 
or 
(2) such contract is authorized by the Indian Self-Deter-
mination 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 enact-
ment of this Act. 
POSTING OF REPORTS 
SEC. 417. (a) Any agency receiving funds made available in 
this Act, shall, subject to subsections (b) and (c), post on the public 
website of that agency any report required to be submitted by 
the Congress in this or any other Act, upon the determination 
by the head of the agency that it shall serve the national interest. 
(b) Subsection (a) shall not apply to a report if— 
(1) the public posting of the report compromises national 
security; or 
(2) the report contains proprietary information. 
(c) The head of the agency posting such report shall do so 
only after such report has been made available to the requesting 
Committee or Committees of Congress for no less than 45 days. 
NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES 
SEC. 418. Of the funds provided to the National Endowment 
for the Arts— 
Web posting. 
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125 STAT. 1044 
PUBLIC LAW 112–74—DEC. 23, 2011 
(1) The Chairperson shall only award a grant to an indi-
vidual if such grant is awarded to such individual for a lit-
erature 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 assist-
ance under the National Foundation on the Arts and the Human-
ities Act of 1965 from funds appropriated under this Act, the 
Chairperson of the National Endowment for the Arts shall ensure 
that priority is given to providing services or awarding financial 
assistance for projects, productions, workshops, or programs that 
serve underserved populations. 
(b) In this section: 
(1) The term ‘‘underserved population’’ means a population 
of individuals, including urban minorities, who have historically 
been outside the purview of arts and humanities programs 
due to factors such as a high incidence of income below the 
poverty line or to geographic isolation. 
(2) The term ‘‘poverty line’’ means the poverty line (as 
defined by the Office of Management and Budget, and revised 
annually in accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to 
a family of the size involved. 
(c) In providing services and awarding financial assistance 
under the National Foundation on the Arts and Humanities Act 
of 1965 with funds appropriated by this Act, the Chairperson of 
the National Endowment for the Arts shall ensure that priority 
is given to providing services or awarding financial assistance for 
projects, productions, workshops, or programs that will encourage 
public knowledge, education, understanding, and appreciation of 
the arts. 
(d) With funds appropriated by this Act to carry out section 
5 of the National Foundation on the Arts and Humanities Act 
of 1965— 
(1) the Chairperson shall establish a grant category for 
projects, productions, workshops, or programs that are of 
national impact or availability or are able to tour several States; 
(2) the Chairperson shall not make grants exceeding 15 
percent, in the aggregate, of such funds to any single State, 
excluding grants made under the authority of paragraph (1); 
(3) the Chairperson shall report to the Congress annually 
and by State, on grants awarded by the Chairperson in each 
grant category under section 5 of such Act; and 
Reports. 
Deadline. 
Definitions. 
Procedures. 
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125 STAT. 1045 
PUBLIC LAW 112–74—DEC. 23, 2011 
(4) the Chairperson shall encourage the use of grants to 
improve and support community-based music performance and 
education. 
USE OF COMPETITIVE GRANT FUNDS 
SEC. 420. Section 6(d) of Public Law 96–297 (16 U.S.C. 431 
note), as added by section 101 of Public Law 108–126, is amended 
by inserting ‘‘, except funds awarded through competitive grants,’’ 
after ‘‘No Federal funds’’. 
FOREST SERVICE FACILITY REALIGNMENT AND ENHANCEMENT 
SEC. 421. Section 503(f) of the Forest Service Realignment 
and Enhancement Act of 2005 (title V of Public Law 109–54; 16 
U.S.C. 580d note), as amended by section 422(1) of Public Law 
111–8 (123 Stat. 748), is further amended by striking ‘‘2011’’ and 
inserting ‘‘2016’’. 
SERVICE FIRST 
SEC. 422. Section 330 of the Department of the Interior and 
Related Agencies Appropriations Act, 2001 (Public Law 106–291; 
114 Stat. 996; 43 U.S.C. 1701 note), concerning Service First 
authorities, as amended by section 428 of Public Law 109–54 (119 
Stat. 555–556) and section 418 of Public Law 111–8 (123 Stat. 
747), is amended— 
(1) by striking in the first sentence ‘‘In fiscal years 2001 
through 2011’’, and inserting ‘‘In fiscal year 2012 and each 
fiscal year thereafter’’; and 
(2) by striking in the first sentence ‘‘pilot programs’’ and 
inserting ‘‘programs.’’ 
FEDERAL, STATE, COOPERATIVE FOREST, RANGE-LAND AND 
WATERSHED RESTORATION IN UTAH 
SEC. 423. The authority provided by section 337 of the Depart-
ment of the Interior and Related Agencies Appropriations Act, 
2005 (Public Law 108–447; 118 Stat. 3012), as amended, shall 
remain in effect until September 30, 2013. 
STATUS OF BALANCES OF APPROPRIATIONS 
SEC. 424. The Department of the Interior, the Environmental 
Protection Agency, the Forest Service, and the Indian Health 
Service shall provide the Committees on Appropriations of the 
House of Representatives and Senate quarterly reports on the status 
of balances of appropriations including all uncommitted, committed, 
and unobligated funds in each program and activity. 
REPORT ON USE OF CLIMATE CHANGE FUNDS 
SEC. 425. Not later than 120 days after the date on which 
the President’s fiscal year 2013 budget request is submitted to 
Congress, the President shall submit a comprehensive report to 
the Committee on Appropriations of the House of Representatives 
and the Committee on Appropriations of the Senate describing 
in detail all Federal agency funding, domestic and international, 
for climate change programs, projects and activities in fiscal year 
President. 
Deadline. 
Reports. 
Termination 
date. 
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125 STAT. 1046 
PUBLIC LAW 112–74—DEC. 23, 2011 
2011, including an accounting of funding by agency with each 
agency identifying climate change programs, projects and activities 
and associated costs by line item as presented in the President’s 
Budget Appendix, and including citations and linkages where prac-
ticable to each strategic plan that is driving funding within each 
climate change program, project and activity listed in the report. 
PROHIBITION ON USE OF FUNDS 
SEC. 426. Notwithstanding any other provision of law, none 
of the funds made available in this Act or any other Act may 
be used to promulgate or implement any regulation requiring the 
issuance of permits under title V of the Clean Air Act (42 U.S.C. 
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or 
methane emissions resulting from biological processes associated 
with livestock production. 
GREENHOUSE GAS REPORTING RESTRICTIONS 
SEC. 427. Notwithstanding any other provision of law, none 
of the funds made available in this or any other Act may be 
used to implement any provision in a rule, if that provision requires 
mandatory reporting of greenhouse gas emissions from manure 
management systems. 
FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS 
SEC. 428. Hereafter, upon issuance of final regulations, the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall apply section 105(a) of the Healthy Forests Restora-
tion Act of 2003 (16 U.S.C. 6515(a)), providing for a pre-decisional 
objection process, to proposed actions of the Forest Service con-
cerning projects and activities implementing land and resource 
management plans developed under the Forest and Rangeland 
Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et 
seq.), and documented with a Record of Decision or Decision Notice, 
in lieu of subsections (c), (d), and (e) of section 322 of Public 
Law 102–381 (16 U.S.C. 1612 note), providing for an administrative 
appeal process: Provided, That if the Chief of the Forest Service 
determines an emergency situation exists for which immediate 
implementation of a proposed action is necessary, the proposed 
action shall not be subject to the pre-decisional objection process, 
and implementation shall begin immediately after the Forest 
Service gives notice of the final decision for the proposed action: 
Provided further, That this section shall not apply to an authorized 
hazardous fuel reduction project under title I of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6501 et seq.). 
SILVICULTURAL ACTIVITIES 
SEC. 429. From the date of enactment of this Act until Sep-
tember 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 Adminis-
trator directly or indirectly require any State to require a permit, 
for discharges of stormwater runoff from roads, the construction, 
Effective date. 
Termination 
date. 
Permits. 
Water. 
Determination. 
Notice. 
Regulations. 
Applicability. 
16 USC 6515 
note. 
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125 STAT. 1047 
PUBLIC LAW 112–74—DEC. 23, 2011 
use, or maintenance of which are associated with silvicultural activi-
ties, or from other silvicultural activities involving nursery oper-
ations, site preparation, reforestation and subsequent cultural treat-
ment, thinning, prescribed burning, pest and fire control, harvesting 
operations, or surface drainage. 
CLAIM MAINTENANCE FEE AMENDMENTS 
SEC. 430. Section 10101 of the Omnibus Budget Reconciliation 
Act of 1993 (30 U.S.C. 28f) is amended— 
(1) in subsection (a)— 
(A) by striking so much as precedes the second sentence 
and inserting the following: 
‘‘(a) CLAIM MAINTENANCE FEE.— 
‘‘(1) LODE MINING CLAIMS, MILL SITES, AND TUNNEL SITES.— 
The holder of each unpatented lode mining claim, mill site, 
or tunnel site, located pursuant to the mining laws of the 
United States on or after August 10, 1993, shall pay to the 
Secretary of the Interior, on or before September 1 of each 
year, to the extent provided in advance in appropriations Acts, 
a claim maintenance fee of $100 per claim or site, respectively.’’; 
and 
(B) by adding at the end the following: 
‘‘(2) 
PLACER
MINING
CLAIMS.—The 
holder 
of 
each 
unpatented placer mining claim located pursuant to the mining 
laws of the United States located before, on, or after August 
10, 1993, shall pay to the Secretary of the Interior, on or 
before September 1 of each year, the claim maintenance fee 
described in subsection (a), for each 20 acres of the placer 
claim or portion thereof.’’; and 
(2) in subsection (b), by striking the first sentence and 
inserting the following: ‘‘The claim main tenance fee under 
subsection (a) shall be paid for the year in which the location 
is made, at the time the location notice is recorded with the 
Bureau of Land Management.’’. 
DOMESTIC LIVESTOCK GRAZING 
SEC. 431. (a) PROHIBITION REGARDING POTENTIAL DOMESTIC 
SHEEP AND BIGHORN SHEEP CONTACT ON NATIONAL FOREST SYSTEM 
LAND.—Notwithstanding any other provision of law or regulation 
(other than the Endangered Species Act of 1973 and regulations 
issued under such Act), none of the funds made available by this 
Act or made available by any other Act for fiscal year 2012 only 
may be used to carry out— 
(1) any new management restrictions on domestic sheep 
on parcels of National Forest System land (as defined in the 
Forest and Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1609(a))) with potential domestic sheep and 
bighorn sheep (whether native or nonnative) contact in excess 
of the management restrictions that existed on July 1, 2011; 
or 
(2) any other agency regulation for managing bighorn sheep 
populations on any allotment of such National Forest System 
land if the management action will result in a reduction in 
the number of domestic livestock permitted to graze on the 
allotment or in the distribution of livestock on the allotment. 
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125 STAT. 1048 
PUBLIC LAW 112–74—DEC. 23, 2011 
(b) EXCEPTION.—Notwithstanding subsection (a), the Secretary 
of Agriculture may make such management changes as the Sec-
retary 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 permit-
tees. 
(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 sec-
tion shall be construed as limiting the voluntary closure of existing 
domestic sheep allotments when the closure is agreed to in writing 
between the permittee and the Secretary of the Interior or the 
Secretary of Agriculture and is carried out for the purpose of 
reducing conflicts between domestic sheep and bighorn sheep. 
(e) WAIVER OF GRAZING PERMITS AND LEASES.—The Secretary 
of the Interior and the Secretary of Agriculture may accept the 
voluntary waiver of any valid existing lease or permit authorizing 
grazing on National Forest System land described in subsection 
(a) or public lands described in subsection (c). If the grazing permit 
or lease for a grazing allotment is only partially within the area 
of potential domestic sheep and bighorn sheep contact, the affected 
permittee may elect to waive only the portion of the grazing permit 
or lease that is within that area. The Secretary concerned shall— 
(1) terminate each permit or lease waived or portion of 
a permit or lease waived under this subsection; 
(2) ensure a permanent end to domestic sheep grazing 
on the land covered by the waived permit or lease or waived 
portion of the permit or lease unless or until there is no conflict 
with bighorn sheep management; and 
(3) provide for the reimbursement of range improvements 
in compliance with section 4 of the Act of June 28, 1934 
(commonly known as the Taylor Grazing Act; 43 U.S.C. 315c). 
AIR EMISSIONS FROM OUTER CONTINENTAL SHELF ACTIVITIES 
SEC. 432. (a) It is the purpose of this section to ensure that 
the energy policy of the United States focuses on the expeditious 
and orderly development of domestic energy resources in a manner 
that protects human health and the environment. 
(b) Section 328(a)(1) of the Clean Air Act (42 U.S.C. 7627(a)(1)) 
is amended— 
42 USC 7627 
note. 
Termination 
date. 
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125 STAT. 1049 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 under-
take 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 permit-
ting for Outer Continental Shelf sources (as such term is defined 
in section 328(a)(4) of the Clean Air Act (42 U.S.C. 7627(a)(4)) 
by the Department of the Interior with such permitting by the 
Environmental Protection Agency, taking into account the time 
elapsed between application and permit approval, the number of 
applications, and the experiences and assessments of the applicants. 
(3) In carrying out the study, the Comptroller General shall 
consult with the Administrator of the Environmental Protection 
Agency, the Secretary of the Interior, and applicants for air quality 
permits. 
(4) The Comptroller General shall complete the study and 
submit a report on the results of the study to the Congress not 
later than September 30, 2014. 
FUNDING PROHIBITION 
SEC. 433. None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation that was convicted (or 
had an officer or agent of such corporation acting on behalf of 
the corporation convicted) of a felony criminal violation under any 
Federal law within the preceding 24 months, where the awarding 
agency is aware of the conviction, unless the agency has considered 
suspension or debarment of the corporation, or such officer or agent 
and made a determination that this further action is not necessary 
to protect the interests of the Government. 
LIMITATION WITH RESPECT TO DELINQUENT TAX DEBTS 
SEC. 434. None of the funds made available by this Act may 
be used to enter into a contract, memorandum of understanding, 
or cooperative agreement with, make a grant to, or provide a 
loan or loan guarantee to, any corporation with respect to which 
any unpaid Federal tax liability that has been assessed, for which 
all judicial and administrative remedies have been exhausted or 
have lapsed, and that is not being paid in a timely manner pursuant 
Corporations. 
Corporations. 
Criminal 
violations. 
Reports. 
Deadline. 
Consultation. 
Study. 
42 USC 7627 
note. 
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125 STAT. 1050 
PUBLIC LAW 112–74—DEC. 23, 2011 
to an agreement with the authority responsible for collecting the 
tax liability, where the awarding agency is aware of the unpaid 
tax liability, unless the agency has considered suspension or debar-
ment of the corporation and made a determination that this further 
action is not necessary to protect the interests of the Government. 
ALASKA NATIVE REGIONAL HEALTH ENTITIES 
SEC. 435. (a) Notwithstanding any other provision of law and 
until October 1, 2013, the Indian Health Service may not disburse 
funds for the provision of health care services pursuant to Public 
Law 93–638 (25 U.S.C. 450 et seq.) to any Alaska Native village 
or Alaska Native village corporation that is located within the 
area served by an Alaska Native regional health entity. 
(b) Nothing in this section shall be construed to prohibit the 
disbursal of funds to any Alaska Native village or Alaska Native 
village corporation under any contract or compact entered into 
prior to May 1, 2006, or to prohibit the renewal of any such 
agreement. 
(c) For the purpose of this section, Eastern Aleutian Tribes, 
Inc., the Council of Athabascan Tribal Governments, and the Native 
Village of Eyak shall be treated as Alaska Native regional health 
entities to which funds may be disbursed under this section. 
GENERAL REDUCTION 
SEC. 436. (a) ACROSS-THE-BOARD RESCISSIONS.—There is hereby 
rescinded an amount equal to 0.16 percent of the budget authority 
provided for fiscal year 2012 for any discretionary appropriation 
in titles I through IV of this Act. 
(b) PROPORTIONATE APPLICATION.—Any rescission made by sub-
section (a) shall be applied proportionately— 
(1) to each discretionary account and each item of budget 
authority described in subsection (a); and 
(2) within each such account and item, to each program, 
project, and activity (with programs, projects, and activities 
as delineated in the appropriation Act or accompanying reports 
for the relevant fiscal year covering such account or item, 
or for accounts and items not included in appropriation Acts, 
as delineated in the most recently submitted President’s 
budget). 
(c) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the 
heading ‘‘Bureau of Indian Affairs, Indian Land and Water Claim 
Settlements and Miscellaneous Payments to Indians’’, the across- 
the-board rescission in this section, and any subsequent across- 
the-board rescission for fiscal year 2012, shall apply only to the 
first dollar amount in the paragraph and the distribution of the 
rescission shall be at the discretion of the Secretary of the Interior 
who shall submit a report on such distribution and the rationale 
therefore to the House and Senate Committees on Appropriations. 
(d) OMB REPORT.—Within 30 days after the date of the enact-
ment of this section the Director of the Office of Management 
and Budget shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate a report specifying 
the account and amount of each rescission made pursuant to this 
section. 
This division may be cited as the ‘‘Department of the Interior, 
Environment, and Related Agencies Appropriations Act, 2012’’. 
Applicability. 
Termination 
date. 
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125 STAT. 1051 
PUBLIC LAW 112–74—DEC. 23, 2011 
DIVISION F—DEPARTMENTS OF LABOR, HEALTH AND 
HUMAN SERVICES, EDUCATION, AND RELATED AGEN-
CIES APPROPRIATIONS ACT, 2012 
TITLE I 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Workforce Investment Act of 
1998 (referred to in this Act as ‘‘WIA’’), the Second Chance Act 
of 2007, and the Women in Apprenticeship and Non-Traditional 
Occupations Act of 1992 (‘‘WANTO’’), including the purchase and 
hire of passenger motor vehicles, the construction, alteration, and 
repair of buildings and other facilities, and the purchase of real 
property for training centers as authorized by the WIA, 
$3,195,383,000, plus reimbursements, shall be available. Of the 
amounts provided: 
(1) for grants to States for adult employment and training 
activities, youth activities, and dislocated worker employment 
and training activities, $2,605,268,000 as follows: 
(A) $770,922,000 for adult employment and training 
activities, of which $58,922,000 shall be available for the 
period July 1, 2012, through June 30, 2013, and of which 
$712,000,000 shall be available for the period October 1, 
2012 through June 30, 2013; 
(B) $825,914,000 for youth activities, which shall be 
available for the period April 1, 2012 through June 30, 
2013; and 
(C) $1,008,432,000 for dislocated worker employment 
and training activities, of which $148,432,000 shall be 
available for the period July 1, 2012 through June 30, 
2013, and of which $860,000,000 shall be available for 
the period October 1, 2012 through June 30, 2013: 
Provided, That notwithstanding the transfer limitation under 
section 133(b)(4) of the WIA, up to 30 percent of such funds 
may be transferred by a local board if approved by the Gov-
ernor: Provided further, That a local board may award a con-
tract to an institution of higher education or other eligible 
training provider if the local board determines that it would 
facilitate the training of multiple individuals in high-demand 
occupations, if such contract does not limit customer choice: 
Provided further, That notwithstanding section 128(a)(1) of the 
WIA, the amount available to the Governor for statewide 
workforce investment activities shall not exceed 5 percent of 
the amount allotted to the State from each of the appropriations 
under the preceding subparagraphs; 
(2) for federally administered programs, $487,053,000 as 
follows: 
(A) $224,112,000 for the dislocated workers assistance 
national reserve, of which $24,112,000 shall be available 
for the period July 1, 2012 through June 30, 2013, and 
of which $200,000,000 shall be available for the period 
Departments of 
Labor, Health 
and Human 
Services, and 
Education, and 
Related Agencies 
Appropriations 
Act, 2012. 
Department of 
Labor 
Appropriations 
Act, 2012. 
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125 STAT. 1052 
PUBLIC LAW 112–74—DEC. 23, 2011 
October 1, 2012 through June 30, 2013: Provided, That 
funds provided to carry out section 132(a)(2)(A) of the WIA 
may be used to provide assistance to a State for statewide 
or local use in order to address cases where there have 
been worker dislocations across multiple sectors or across 
multiple local areas and such workers remain dislocated; 
coordinate the State workforce development plan with 
emerging economic development needs; and train such 
eligible dislocated workers: Provided further, That funds 
provided to carry out section 171(d) of the WIA may be 
used for demonstration projects that provide assistance 
to new entrants in the workforce and incumbent workers: 
Provided further, That none of the funds shall be obligated 
to carry out section 173(e) of the WIA; 
(B) $47,652,000 for Native American programs, which 
shall be available for the period July 1, 2012 through 
June 30, 2013; 
(C) $84,451,000 for migrant and seasonal farmworker 
programs under section 167 of the WIA, including 
$78,253,000 for formula grants (of which not less than 
70 percent shall be for employment and training services), 
$5,689,000 for migrant and seasonal housing (of which 
not less than 70 percent shall be for permanent housing), 
and $509,000 for other discretionary purposes, which shall 
be available for the period July 1, 2012 through June 
30, 2013: Provided, That notwithstanding any other provi-
sion 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 dem-
onstrate innovative strategies or replicate effective evi-
dence-based strategies that align and strengthen the 
workforce investment system in order to improve program 
delivery and education and employment outcomes for bene-
ficiaries, which shall be for the period July 1, 2012 through 
September 30, 2013: Provided, That amounts shall be avail-
able for awards to States or State agencies that are eligible 
for assistance under any program authorized under the 
WIA, consortia of States, or partnerships, including 
regional partnerships: Provided further, That not more than 
5 percent of the funds available for workforce innovation 
activities shall be for technical assistance and evaluations 
related to the projects carried out with these funds; 
(3) for national activities, $103,062,000, as follows: 
(A) $6,616,000, in addition to any amounts available 
under paragraph (2), for Pilots, Demonstrations, and 
Research, which shall be available for the period April 
1, 2012 through June 30, 2013: Provided, That funds made 
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125 STAT. 1053 
PUBLIC LAW 112–74—DEC. 23, 2011 
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, notwith-
standing the requirements of section 171(b)(2)(B) or 
171(c)(4)(D) of the WIA: Provided, That of this amount, 
$20,000,000 shall be for competitive grants to national 
and regional intermediaries for activities that prepare 
young ex-offenders and school dropouts for employment, 
with a priority for projects serving high-crime, high-poverty 
areas; 
(C) $9,581,000 for Evaluation, which shall be available 
for the period July 1, 2012 through June 30, 2013; and 
(D) $6,475,000 for the Workforce Data Quality Initia-
tive, under the authority of section 171(c)(2) of the WIA, 
which shall be available for the period July 1, 2012 through 
June 30, 2013, and which shall not be subject to the 
requirements of section 171(c)(4)(D). 
OFFICE OF JOBS CORPS 
To carry out subtitle C of title I of the WIA, including Federal 
administrative expenses, the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repairs of buildings and 
other facilities, and the purchase of real property for training cen-
ters as authorized by the WIA, $1,706,171,000, plus reimburse-
ments, as follows: 
(1) $1,572,049,000 for Job Corps Operations, which shall 
be available for the period July 1, 2012 through June 30, 
2013; 
(2) $104,990,000 for construction, rehabilitation and 
acquisition of Job Corps Centers, which shall be available for 
the period July 1, 2012 through June 30, 2015: Provided, That 
the Secretary may transfer up to 15 percent of such funds 
to meet the operational needs of such centers or to achieve 
administrative efficiencies: Provided further, That any funds 
transferred pursuant to the preceding proviso shall not be 
available for obligation after June 30, 2013; and 
(3) $29,132,000 for necessary expenses of the Office of 
Job Corps, which shall be available for obligation for the period 
October 1, 2011 through September 30, 2012: 
Provided further, That no funds from any other appropriation shall 
be used to provide meal services at or for Job Corps centers. 
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS 
To carry out title V of the Older Americans Act of 1965 (referred 
to in this Act as ‘‘OAA’’), $449,100,000, which shall be available 
for the period July 1, 2012 through June 30, 2013, and may be 
Grants. 
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125 STAT. 1054 
PUBLIC LAW 112–74—DEC. 23, 2011 
recaptured and reobligated in accordance with section 517(c) of 
the OAA. 
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES 
For payments during fiscal year 2012 of trade adjustment ben-
efit payments and allowances under part I of subchapter B of 
chapter 2 of title II of the Trade Act of 1974, and section 246 
of that Act; and for training, employment and case management 
services, allowances for job search and relocation, and related State 
administrative expenses under part II of subchapter B of chapter 
2 of title II of the Trade Act of 1974, including benefit payments, 
allowances, training, employment and case management services, 
and related State administration provided pursuant to section 
231(a) of the Trade Adjustment Assistance Extension Act of 2011, 
$1,100,100,000, together with such amounts as may be necessary 
to be charged to the subsequent appropriation for payments for 
any period subsequent to September 15, 2012. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE 
OPERATIONS 
For authorized administrative expenses, $86,231,000, together 
with not to exceed $3,958,441,000 which may be expended from 
the Employment Security Administration Account in the Unemploy-
ment 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, reemploy-
ment trade adjustment assistance, and alternative trade adjust-
ment 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 assess-
ments 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 Fed-
eral obligation through December 31, 2012; 
(2) $11,287,000 from the Trust Fund is for national activi-
ties necessary to support the administration of the Federal- 
State unemployment insurance system; 
(3) $679,531,000 from the Trust Fund, together with 
$22,638,000 from the General Fund of the Treasury, is for 
grants to States in accordance with section 6 of the Wagner- 
Peyser Act, and shall be available for Federal obligation for 
the period July 1, 2012 through June 30, 2013; 
(4) $20,952,000 from the Trust Fund is for national activi-
ties of the Employment Service, including administration of 
the work opportunity tax credit under section 51 of the Internal 
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125 STAT. 1055 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 pay-
ments 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 administra-
tion of foreign labor certifications and related activities under 
the Immigration and Nationality Act and related laws, of which 
$50,418,000 shall be available for the Federal administration 
of such activities, and $15,099,000 shall be available for grants 
to States for the administration of such activities; and 
(6) $63,593,000 from the General Fund is to provide 
workforce information, national electronic tools, and one-stop 
system building under the Wagner-Peyser Act and section 171 
(e)(2)(C) of the WIA and shall be available for Federal obligation 
for the period July 1, 2012 through June 30, 2013: 
Provided, That to the extent that the Average Weekly Insured 
Unemployment (‘‘AWIU’’) for fiscal year 2012 is projected by the 
Department of Labor to exceed 4,832,000, an additional $28,600,000 
from the Trust Fund shall be available for obligation for every 
100,000 increase in the AWIU level (including a pro rata amount 
for any increment less than 100,000) to carry out title III of the 
Social Security Act: Provided further, That funds appropriated in 
this Act that are allotted to a State to carry out activities under 
title III of the Social Security Act may be used by such State 
to assist other States in carrying out activities under such title 
III if the other States include areas that have suffered a major 
disaster declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act: Provided further, 
That the Secretary may use funds appropriated for grants to States 
under title III of the Social Security Act to make payments on 
behalf of States for the use of the National Directory of New 
Hires under section 453(j)(8) of such Act: Provided further, That 
funds appropriated in this Act which are used to establish a national 
one-stop career center system, or which are used to support the 
national activities of the Federal-State unemployment insurance 
or immigration programs, may be obligated in contracts, grants, 
or agreements with non-State entities: Provided further, That funds 
appropriated under this Act for activities authorized under title 
III of the Social Security Act and the Wagner-Peyser Act may 
be used by States to fund integrated Unemployment Insurance 
and Employment Service automation efforts, notwithstanding cost 
allocation principles prescribed under the Office of Management 
and Budget Circular A–87: Provided further, That the Secretary, 
at the request of a State participating in a consortium with other 
States, may reallot funds allotted to such State under title III 
of the Social Security Act to other States participating in the 
consortium in order to carry out activities that benefit the adminis-
tration of the unemployment compensation law of the State making 
the request. 
In addition, $50,000,000 from the Employment Security 
Administration Account of the Unemployment Trust Fund shall 
be available to conduct in-person reemployment and eligibility 
assessments and unemployment insurance improper payment 
reviews. 
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125 STAT. 1056 
PUBLIC LAW 112–74—DEC. 23, 2011 
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS 
For repayable advances to the Unemployment Trust Fund as 
authorized by sections 905(d) and 1203 of the Social Security Act, 
and to the Black Lung Disability Trust Fund as authorized by 
section 9501(c)(1) of the Internal Revenue Code of 1986; and for 
nonrepayable advances to the Unemployment Trust Fund as author-
ized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment Benefits 
and Allowances’’ account, such sums as may be necessary, which 
shall be available for obligation through September 30, 2013. 
PROGRAM ADMINISTRATION 
For expenses of administering employment and training pro-
grams, $97,320,000, together with not to exceed $50,040,000 which 
may be expended from the Employment Security Administration 
Account in the Unemployment Trust Fund. 
EMPLOYEE BENEFITS SECURITY ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Employee Benefits Security 
Administration, $183,500,000. 
PENSION BENEFIT GUARANTY CORPORATION 
PENSION BENEFIT GUARANTY CORPORATION FUND 
The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is 
authorized to make such expenditures, including financial assist-
ance 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 Cor-
poration: Provided, That none of the funds available to the Corpora-
tion 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 administra-
tive expenses for every 20,000 additional terminated participants: 
Provided further, That an additional $50,000 shall be made avail-
able through September 30, 2013, for obligation for investment 
management fees for every $25,000,000 in assets received by the 
Corporation as a result of new plan terminations or asset growth, 
after approval by the Office of Management and Budget and 
notification of the Committees on Appropriations of the House of 
Representatives and the Senate: Provided further, That obligations 
in excess of the amounts provided in this paragraph may be incurred 
for unforeseen and extraordinary pretermination expenses or 
extraordinary multiemployer program related expenses after 
approval by the Office of Management and Budget and notification 
Notification. 
Notification. 
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125 STAT. 1057 
PUBLIC LAW 112–74—DEC. 23, 2011 
of the Committees on Appropriations of the House of Representa-
tives and the Senate. 
WAGE AND HOUR DIVISION 
SALARIES AND EXPENSES 
For necessary expenses for the Wage and Hour Division, 
including reimbursement to State, Federal, and local agencies and 
their employees for inspection services rendered, $227,491,000. 
OFFICE OF LABOR MANAGEMENT STANDARDS 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Labor Management 
Standards, $41,367,000. 
OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Federal Contract 
Compliance Programs, $105,386,000. 
OFFICE OF WORKERS’ COMPENSATION PROGRAMS 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Workers’ Compensation 
Programs, $115,939,000, together with $2,124,000 which may be 
expended from the Special Fund in accordance with sections 39(c), 
44(d), and 44(j) of the Longshore and Harbor Worker’s Compensa-
tion 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; sec-
tions 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: Pro-
vided further, That balances of reimbursements unobligated on 
September 30, 2011, shall remain available until expended for 
the payment of compensation, benefits, and expenses: Provided 
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125 STAT. 1058 
PUBLIC LAW 112–74—DEC. 23, 2011 
further, That in addition there shall be transferred to this appropria-
tion 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 med-
ical bill processing, $26,769,000; 
(3) For periodic roll management and medical review, 
$15,466,000; and 
(4) The remaining funds shall be paid into the Treasury 
as miscellaneous receipts: 
Provided further, That the Secretary may require that any person 
filing a notice of injury or a claim for benefits under 5 U.S.C. 
81, or the Longshore and Harbor Workers’ Compensation Act, pro-
vide as part of such notice and claim, such identifying information 
(including Social Security account number) as such regulations 
may prescribe. 
SPECIAL BENEFITS FOR DISABLED COAL MINERS 
For carrying out title IV of the Federal Mine Safety and Health 
Act of 1977, as amended by Public Law 107–275, $141,227,000, 
to remain available until expended. 
For making after July 31 of the current fiscal year, benefit 
payments to individuals under title IV of such Act, for costs incurred 
in the current fiscal year, such amounts as may be necessary. 
For making benefit payments under title IV for the first quarter 
of fiscal year 2013, $40,000,000, to remain available until expended. 
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL 
ILLNESS COMPENSATION FUND 
For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $52,147,000, to 
remain available until expended: Provided, That the Secretary may 
require that any person filing a claim for benefits under the Act 
provide as part of such claim such identifying information (including 
Social Security account number) as may be prescribed. 
BLACK LUNG DISABILITY TRUST FUND 
(INCLUDING TRANSFER OF FUNDS) 
Such sums as may be necessary from the Black Lung Disability 
Trust Fund (‘‘Fund’’), to remain available until expended, for pay-
ment of all benefits authorized by section 9501(d)(1), (2), (6), and 
(7) of the Internal Revenue Code of 1986; and repayment of, and 
payment of interest on advances, as authorized by section 9501(d)(4) 
of that Act. In addition, the following amounts may be expended 
26 USC 95001 
note. 
Determination. 
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125 STAT. 1059 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Gen-
eral’’; and not to exceed $356,000 for payments into miscellaneous 
receipts for the expenses of the Department of the Treasury. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For necessary expenses for the Occupational Safety and Health 
Administration, $565,857,000, including not to exceed $104,393,000 
which shall be the maximum amount available for grants to States 
under section 23(g) of the Occupational Safety and Health Act 
(‘‘Act’’), which grants shall be no less than 50 percent of the costs 
of State occupational safety and health programs required to be 
incurred under plans approved by the Secretary under section 18 
of the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the 
Occupational Safety and Health Administration may retain up to 
$200,000 per fiscal year of training institute course tuition fees, 
otherwise authorized by law to be collected, and may utilize such 
sums for occupational safety and health training and education: 
Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is 
authorized, during the fiscal year ending September 30, 2012, to 
collect and retain fees for services provided to Nationally Recognized 
Testing Laboratories, and may utilize such sums, in accordance 
with the provisions of 29 U.S.C. 9a, to administer national and 
international laboratory recognition programs that ensure the safety 
of equipment and products used by workers in the workplace: 
Provided further, That none of the funds appropriated under this 
paragraph shall be obligated or expended to prescribe, issue, admin-
ister, 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, tech-
nical assistance, educational and training services, and to con-
duct 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 viola-
tions which are not corrected within a reasonable abatement 
period and for any willful violations found; 
Small businesses. 
Farms and 
farming. 
Fees. 
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125 STAT. 1060 
PUBLIC LAW 112–74—DEC. 23, 2011 
(3) to take any action authorized by the Act with respect 
to imminent dangers; 
(4) to take any action authorized by the Act with respect 
to health hazards; 
(5) to take any action authorized by the Act with respect 
to a report of an employment accident which is fatal to one 
or more employees or which results in hospitalization of two 
or more employees, and to take any action pursuant to such 
investigation authorized by the Act; and 
(6) to take any action authorized by the Act with respect 
to complaints of discrimination against employees for exercising 
rights under the Act: 
Provided further, That the foregoing proviso shall not apply to 
any person who is engaged in a farming operation which does 
not maintain a temporary labor camp and employs 10 or fewer 
employees: Provided further, That $10,729,000 shall be available 
for Susan Harwood training grants. 
MINE SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for the Mine Safety and Health 
Administration, $374,000,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and 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 pri-
vate 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 pro-
grams 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 reimburse-
ment, personnel, including service of Mine Safety and Health 
Administration officials as officers in local chapters or in the 
national organization; and any funds available to the Department 
of Labor may be used, with the approval of the Secretary, to 
provide for the costs of mine rescue and survival operations in 
the event of a major disaster. 
30 USC 962. 
Farms and 
farming. 
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125 STAT. 1061 
PUBLIC LAW 112–74—DEC. 23, 2011 
BUREAU OF LABOR STATISTICS 
SALARIES AND EXPENSES 
For necessary expenses for the Bureau of Labor Statistics, 
including advances or reimbursements to State, Federal, and local 
agencies and their employees for services rendered, $542,921,000, 
together with not to exceed $67,303,000 which may be expended 
from the Employment Security Administration Account in the 
Unemployment Trust Fund, of which $1,500,000 may be used to 
fund the mass layoff statistics program under section 15 of the 
Wagner-Peyser Act. 
OFFICE OF DISABILITY EMPLOYMENT POLICY 
SALARIES AND EXPENSES 
For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and 
award grants furthering the objective of eliminating barriers to 
the 
training 
and 
employment 
of 
people 
with 
disabilities, 
$38,953,000. 
DEPARTMENTAL MANAGEMENT 
SALARIES AND EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for Departmental Management, 
including the hire of three passenger motor vehicles, $346,683,000, 
together with not to exceed $326,000, which may be expended 
from the Employment Security Administration Account in the 
Unemployment Trust Fund: Provided, That $66,500,000 for the 
Bureau of International Labor Affairs shall be available for obliga-
tion through December 31, 2012: Provided further, That funds avail-
able 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 Employ-
ment Security Administration Account in the Unemployment Trust 
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125 STAT. 1062 
PUBLIC LAW 112–74—DEC. 23, 2011 
Fund to carry out the provisions of 38 U.S.C. 4100–4113, 4211– 
4215, and 4321–4327, and Public Law 103–353, and which shall 
be available for obligation by the States through December 31, 
2012, of which $2,444,000 is for the National Veterans’ Employment 
and Training Services Institute. 
In addition, to carry out Department of Labor programs under 
section 5(a)(1) of the Homeless Veterans Comprehensive Assistance 
Act of 2001 and the Veterans Workforce Investment Programs 
under section 168 of the WIA, $52,879,000, of which $14,622,000 
shall be available for obligation for the period July 1, 2012 through 
June 30, 2013. 
IT MODERNIZATION 
For necessary expenses for Department of Labor centralized 
infrastructure technology investment activities related to support 
systems and modernization, $19,852,000. 
OFFICE OF INSPECTOR GENERAL 
For salaries and expenses of the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, $77,937,000, together with not to exceed $5,909,000 which 
may be expended from the Employment Security Administration 
Account in the Unemployment Trust Fund. 
GENERAL PROVISIONS 
SEC. 101. None of the funds appropriated by this Act for the 
Job Corps shall be used to pay the salary and bonuses of an 
individual, either as direct costs or any proration as an indirect 
cost, at a rate in excess of Executive Level II. 
(TRANSFER OF FUNDS) 
SEC. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) which are appropriated for the current fiscal year 
for the Department of Labor in this Act may be transferred between 
a program, project, or activity, but no such program, project, or 
activity shall be increased by more than 3 percent by any such 
transfer: Provided, That the transfer authority granted by this 
section shall be available only to meet emergency needs and shall 
not be used to create any new program or to fund any project 
or activity for which no funds are provided in this Act: Provided 
further, That the Committees on Appropriations of the House of 
Representatives and the Senate are notified at least 15 days in 
advance of any transfer. 
SEC. 103. In accordance with Executive Order No. 13126, none 
of the funds appropriated or otherwise made available pursuant 
to this Act shall be obligated or expended for the procurement 
of goods mined, produced, manufactured, or harvested or services 
rendered, in whole or in part, by forced or indentured child labor 
in industries and host countries already identified by the United 
States Department of Labor prior to enactment of this Act. 
SEC. 104. None of the funds made available to the Department 
of Labor for grants under section 414(c) of the American Competi-
tiveness and Workforce Improvement Act of 1998 may be used 
Child labor. 
Notification. 
Deadline. 
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125 STAT. 1063 
PUBLIC LAW 112–74—DEC. 23, 2011 
for any purpose other than competitive grants for training in the 
occupations and industries for which employers are using H–1B 
visas to hire foreign workers, and the related activities necessary 
to support such training. 
SEC. 105. None of the funds made available by this Act under 
the heading ‘‘Employment and Training Administration’’ shall be 
used by a recipient or subrecipient of such funds to pay the salary 
and bonuses of an individual, either as direct costs or indirect 
costs, at a rate in excess of Executive Level II. This limitation 
shall not apply to vendors providing goods and services as defined 
in Office of Management and Budget Circular A–133. Where States 
are recipients of such funds, States may establish a lower limit 
for salaries and bonuses of those receiving salaries and bonuses 
from subrecipients of such funds, taking into account factors 
including the relative cost-of-living in the State, the compensation 
levels for comparable State or local government employees, and 
the size of the organizations that administer Federal programs 
involved including Employment and Training Administration pro-
grams. 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 speci-
fied 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 redesigna-
tion 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 serv-
ices 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 identi-
fied in subsection (b) in order to carry out evaluations of any 
of the programs or activities that are funded under such accounts. 
Any funds reserved under this section shall be transferred to 
‘‘Departmental Management’’ for use by the Office of the Chief 
Evaluation Officer within the Department of Labor, and shall be 
available for obligation through September 30, 2013: Provided, That 
such funds shall only be available if the Chief Evaluation Officer 
Plan. 
Deadline. 
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125 STAT. 1064 
PUBLIC LAW 112–74—DEC. 23, 2011 
of the Department of Labor submits a plan to the Committees 
on Appropriations of the House of Representatives and the Senate 
describing the evaluations to be carried out 15 days in advance 
of any transfer. 
(b) The accounts referred to in subsection (a) are: ‘‘Office of 
Job Corps’’, ‘‘State Unemployment Insurance and Employment 
Service Operations’’, ‘‘Employee Benefits Security Administration’’, 
‘‘Office of Workers’ Compensation Programs’’, ‘‘Wage and Hour Divi-
sion’’, ‘‘Office of Federal Contract Compliance Programs’’, ‘‘Office 
of Labor Management Standards’’, ‘‘Occupational Safety and Health 
Administration’’, ‘‘Mine Safety and Health Administration’’, and 
‘‘Veterans Employment and Training’’. 
SEC. 109. None of the funds made available by this Act may 
be used to promulgate the Definition of ‘‘Fiduciary’’ regulation 
(Regulatory Identification Number 1210–AB32) published by the 
Employee Benefits Security Administration of the Department of 
Labor on October 22, 2010 (75 Fed. Reg. 65263). 
SEC. 110. None of the amounts made available under this 
Act may be used to implement the rule entitled ‘‘Wage Methodology 
for the Temporary Non-Agricultural Employment H–2B Program’’ 
(76 Fed. Reg. 3452 (January 19, 2011)). 
SEC. 111. None of the funds made available by this Act may 
be used to continue the development of or to promulgate, administer, 
enforce, or otherwise implement the Occupational Injury and Illness 
Recording and Reporting Requirements—Musculoskeletal Disorders 
(MSD) Column regulation (Regulatory Identification Number 1218– 
AC45) being developed by the Occupational Safety and Health 
Administration of the Department of Labor. 
SEC. 112. None of the funds made available by this Act may 
be used to implement or enforce the proposed rule entitled ‘‘Low-
ering 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 Rep-
resentatives and the Senate; or 
(2) the deadline described in paragraph (1)(B) for submis-
sion 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 Appropria-
tions Act, 2012’’. 
Deadline. 
Reports. 
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125 STAT. 1065 
PUBLIC LAW 112–74—DEC. 23, 2011 
TITLE II 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
HEALTH RESOURCES AND SERVICES ADMINISTRATION 
PRIMARY HEALTH CARE 
For carrying out titles II and III of the Public Health Service 
Act (referred to in this Act as the ‘‘PHS Act’’) with respect to 
primary health care and the Native Hawaiian Health Care Act 
of 1988, $1,598,957,000, of which $129,000 shall be available until 
expended for facilities renovations at the Gillis W. Long Hansen’s 
Disease Center: Provided, That no more than $40,000 shall be 
available until expended for carrying out the provisions of section 
224(o) of the PHS Act, including associated administrative expenses 
and relevant evaluations: Provided further, That no more than 
$95,073,000 shall be available until expended for carrying out the 
provisions of Public Law 104–73 and for expenses incurred by 
the Department of Health and Human Services (referred to in 
this Act as ‘‘HHS’’) pertaining to administrative claims made under 
such law. 
HEALTH WORKFORCE 
For carrying out titles III, VII, and VIII of the PHS Act with 
respect to the health workforce, section 1128E of the Social Security 
Act, and the Health Care Quality Improvement Act of 1986, 
$734,402,000: Provided, That sections 747(c)(2), 751(j)(2), and the 
proportional funding amounts in paragraphs (1) through (4) of 
section 756(e) of the PHS Act shall not apply to funds made avail-
able 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 sec-
tions. 
MATERNAL AND CHILD HEALTH 
For carrying out titles III, XI, XII, and XIX of the PHS Act 
with respect to maternal and child health, title V of the Social 
Fees. 
Waiver authority. 
Department of 
Health and 
Human Services 
Appropriation 
Act, 2012. 
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125 STAT. 1066 
PUBLIC LAW 112–74—DEC. 23, 2011 
Security Act, and section 712 of the American Jobs Creation Act 
of 2004, $863,607,000: Provided, That notwithstanding sections 
502(a)(1) and 502(b)(1) of the Social Security Act, not more than 
$79,586,000 shall be available for carrying out special projects 
of regional and national significance pursuant to section 501(a)(2) 
of such Act and $10,400,000 shall be available for projects described 
in paragraphs (A) through (F) of section 501(a)(3) of such Act. 
RYAN WHITE HIV/AIDS PROGRAM 
For carrying out title XXVI of the PHS Act with respect to 
the Ryan White HIV/AIDS program, $2,326,665,000, of which 
$1,995,670,000 shall remain available to the Secretary of Health 
and Human Services through September 30, 2014, for parts A 
and B of title XXVI of the PHS Act, and of which not less than 
$900,000,000 shall be for State AIDS Drug Assistance Programs 
under the authority of section 2616 or 311(c) of such Act: Provided, 
That in addition to amounts provided herein, $25,000,000 shall 
be available from amounts available under section 241 of the PHS 
Act to carry out parts A, B, C, and D of title XXVI of the PHS 
Act to fund Special Projects of National Significance under section 
2691. 
HEALTH CARE SYSTEMS 
For carrying out titles III and XII of the PHS Act with respect 
to health care systems, and the Stem Cell Therapeutic and Research 
Act of 2005, $83,526,000. 
RURAL HEALTH 
For carrying out titles III and IV of the PHS Act with respect 
to rural health, section 427(a) of the Federal Coal Mine Health 
and Safety Act, the Cardiac Arrest Survival Act of 2000, and sec-
tions 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 serv-
ices, including pilots and demonstrations on the use of electronic 
health records to coordinate rural veterans care between rural 
providers and the Department of Veterans Affairs electronic health 
record system: Provided further, That notwithstanding section 
338J(k) of the PHS Act, $10,055,000 shall be available for State 
Offices of Rural Health. 
FAMILY PLANNING 
For carrying out the program under title X of the PHS Act 
to provide for voluntary family planning projects, $297,400,000: 
Provided, That amounts provided to said projects under such title 
shall not be expended for abortions, that all pregnancy counseling 
Abortion. 
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125 STAT. 1067 
PUBLIC LAW 112–74—DEC. 23, 2011 
shall be nondirective, and that such amounts shall not be expended 
for any activity (including the publication or distribution of lit-
erature) that in any way tends to promote public support or opposi-
tion to any legislative proposal or candidate for public office. 
PROGRAM MANAGEMENT 
For program support in the Health Resources and Services 
Administration, $161,815,000: Provided, That funds made available 
under this heading may be used to supplement program support 
funding provided under the headings ‘‘Primary Health Care’’, 
‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White 
HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’. 
HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT 
Such sums as may be necessary to carry out the purpose 
of the program, as authorized by title VII of the PHS Act. For 
administrative expenses to carry out the guaranteed loan program, 
including section 709 of the PHS Act, $2,841,000. 
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND 
For payments from the Vaccine Injury Compensation Program 
Trust Fund (‘‘Trust Fund’’), such sums as may be necessary for 
claims associated with vaccine-related injury or death with respect 
to vaccines administered after September 30, 1988, pursuant to 
subtitle 2 of title XXI of the PHS Act, to remain available until 
expended: Provided, That for necessary administrative expenses, 
not to exceed $6,489,000 shall be available from the Trust Fund 
to the Secretary. 
CENTERS FOR DISEASE CONTROL AND PREVENTION 
IMMUNIZATION AND RESPIRATORY DISEASES 
For carrying out titles II, III, VII, XVII, and XXI, and section 
2821 of the PHS Act, titles II and IV of the Immigration and 
Nationality Act, and section 501 of the Refugee Education Assist-
ance Act, with respect to immunization and respiratory diseases, 
$579,375,000: Provided, That in addition to amounts provided 
herein, $12,864,000 shall be available from amounts available under 
section 241 of the PHS Act to carry out the National Immunization 
Surveys. 
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND 
TUBERCULOSIS PREVENTION 
For carrying out titles II, III, VII, XVII, XXIII, and XXVI 
of the PHS Act with respect to HIV/AIDS, viral hepatitis, sexually 
transmitted diseases, and tuberculosis prevention, $1,105,995,000. 
EMERGING AND ZOONOTIC INFECTIOUS DISEASES 
For carrying out titles II, III, VII, and XVII, and section 2821 
of the PHS Act, titles II and IV of the Immigration and Nationality 
Act, and section 501 of the Refugee Education Assistance Act, 
with respect to emerging and zoonotic infectious diseases, 
$253,919,000. 
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125 STAT. 1068 
PUBLIC LAW 112–74—DEC. 23, 2011 
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION 
For carrying out titles II, III, VII, XI, XV, XVII, and XIX 
of the PHS Act with respect to chronic disease prevention and 
health promotion, $760,700,000: Provided, That funds appropriated 
under this account may be available for making grants under section 
1509 of the PHS Act for not less than 21 States, tribes, or tribal 
organizations. 
BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND 
HEALTH 
For carrying out titles II, III, VII, XI, and XVII of the PHS 
Act with respect to birth defects, developmental disabilities, disabil-
ities 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 develop-
ment, $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 avail-
able from amounts available under section 241 of the PHS Act. 
EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM 
For necessary expenses to administer the Energy Employees 
Occupational Illness Compensation Program Act, $55,358,000, to 
remain available until expended, of which $4,500,000 shall be for 
use by or in support of the Advisory Board on Radiation and 
Worker Health (‘‘Board’’) to carry out its statutory responsibilities, 
including obtaining audits, technical assistance, and other support 
from the Board’s audit contractor with regard to radiation dose 
estimation and reconstruction efforts, site profiles, procedures, and 
review of Special Exposure Cohort petitions and evaluation reports: 
Provided, That this amount shall be available consistent with the 
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125 STAT. 1069 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Sep-
tember 30, 2013: Provided, That funds may be used for purchase 
and insurance of official motor vehicles in foreign countries. 
PUBLIC HEALTH PREPAREDNESS AND RESPONSE 
For carrying out titles II, III, VII, and XVII of the PHS Act 
with respect to public health preparedness and response, and for 
expenses necessary to support activities related to countering poten-
tial 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 Hepa-
titis, 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 Occupa-
tional Safety and Health’’, ‘‘Employees Occupational Illness Com-
pensation Program Act’’, ‘‘Global Health’’, ‘‘Public Health Prepared-
ness and Response’’, and ‘‘Public Health Scientific Services’’, 
$621,445,000, of which $30,000,000 shall be available until Sep-
tember 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 Pro-
gram: 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 offi-
cers, detailed to States, municipalities, or other organizations under 
authority of section 214 of the PHS Act, or in overseas assignments, 
shall be treated as non-Federal employees for reporting purposes 
only and shall not be included within any personnel ceiling 
applicable to the Agency, Service, or HHS during the period of 
detail or assignment: Provided further, That CDC may use up 
to $10,000 from amounts appropriated to CDC in this Act for 
official reception and representation expenses when specifically 
approved by the Director of CDC: Provided further, That in addition, 
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125 STAT. 1070 
PUBLIC LAW 112–74—DEC. 23, 2011 
such sums as may be derived from authorized user fees, which 
shall be credited to the appropriation charged with the cost thereof: 
Provided further, That with respect to the previous proviso, author-
ized 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 Indi-
vidual Learning Accounts: Provided further, That CDC may estab-
lish a Working Capital Fund, with the authorities equivalent to 
those provided in 42 U.S.C. 231, to improve the provision of supplies 
and service. 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL CANCER INSTITUTE 
For carrying out section 301 and title IV of the PHS Act 
with respect to cancer, $5,081,788,000, of which up to $8,000,000 
may be used for facilities repairs and improvements at the National 
Cancer Institute—Frederick Federally Funded Research and 
Development Center in Frederick, Maryland. 
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE 
For carrying out section 301 and title IV of the PHS Act 
with respect to cardiovascular, lung, and blood diseases, and blood 
and blood products, $3,084,851,000. 
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH 
For carrying out section 301 and title IV of the PHS Act 
with respect to dental disease, $411,488,000. 
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY 
DISEASES 
For carrying out section 301 and title IV of the PHS Act 
with respect to diabetes and digestive and kidney disease, 
$1,800,447,000. 
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE 
For carrying out section 301 and title IV of the PHS Act 
with respect to neurological disorders and stroke, $1,629,445,000. 
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES 
For carrying out section 301 and title IV of the PHS Act 
with respect to allergy and infectious diseases, $4,499,215,000. 
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES 
For carrying out section 301 and title IV of the PHS Act 
with respect to general medical sciences, $2,434,637,000: Provided, 
That not less than $276,480,000 is provided for the Institutional 
Development Awards program. 
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125 STAT. 1071 
PUBLIC LAW 112–74—DEC. 23, 2011 
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH 
AND HUMAN DEVELOPMENT 
For carrying out section 301 and title IV of the PHS Act 
with 
respect 
to 
child 
health 
and 
human 
development, 
$1,323,900,000. 
NATIONAL EYE INSTITUTE 
For carrying out section 301 and title IV of the PHS Act 
with respect to eye diseases and visual disorders, $704,043,000. 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
For carrying out section 301 and title IV of the PHS Act 
with respect to environmental health sciences, $686,869,000. 
NATIONAL INSTITUTE ON AGING 
For carrying out section 301 and title IV of the PHS Act 
with respect to aging, $1,105,530,000. 
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN 
DISEASES 
For carrying out section 301 and title IV of the PHS Act 
with respect to arthritis and musculoskeletal and skin diseases, 
$536,801,000. 
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION 
DISORDERS 
For carrying out section 301 and title IV of the PHS Act 
with respect to deafness and other communication disorders, 
$417,061,000. 
NATIONAL INSTITUTE OF NURSING RESEARCH 
For carrying out section 301 and title IV of the PHS Act 
with respect to nursing research, $145,043,000. 
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM 
For carrying out section 301 and title IV of the PHS Act 
with respect to alcohol abuse and alcoholism, $460,389,000. 
NATIONAL INSTITUTE ON DRUG ABUSE 
For carrying out section 301 and title IV of the PHS Act 
with respect to drug abuse, $1,055,362,000. 
NATIONAL INSTITUTE OF MENTAL HEALTH 
For carrying out section 301 and title IV of the PHS Act 
with respect to mental health, $1,483,068,000. 
NATIONAL HUMAN GENOME RESEARCH INSTITUTE 
For carrying out section 301 and title IV of the PHS Act 
with respect to human genome research, $513,844,000. 
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125 STAT. 1072 
PUBLIC LAW 112–74—DEC. 23, 2011 
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING 
For carrying out section 301 and title IV of the PHS Act 
with respect to biomedical imaging and bioengineering research, 
$338,998,000. 
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE 
MEDICINE 
For carrying out section 301 and title IV of the PHS Act 
with 
respect 
to 
complementary 
and 
alternative 
medicine, 
$128,299,000. 
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES 
For carrying out section 301 and title IV of the PHS Act 
with respect to minority health and health disparities research, 
$276,963,000. 
JOHN E. FOGARTY INTERNATIONAL CENTER 
For carrying out the activities of the John E. Fogarty Inter-
national 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: Pro-
vided further, That funds appropriated may be used to support 
the reorganization and activities required to eliminate the National 
Center for Research Resources: Provided further, That the Director 
of the NIH shall ensure that, of all funds made available to 
Institute, Center, and Office of the Director accounts within 
‘‘Department of Health and Human Services, National Institutes 
of Health’’, at least $487,767,000 is provided to the Clinical and 
Translational Sciences Awards program. 
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125 STAT. 1073 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 author-
ized 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 avail-
able for continuation of the National Children’s Study: Provided 
further, That $545,962,000 shall be available for the Common Fund 
established under section 402A(c)(1) of the PHS Act: Provided fur-
ther, That of the funds provided $10,000 shall be for official recep-
tion 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 acquisi-
tion of real property, $125,581,000, to remain available until Sep-
tember 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 appro-
priated 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 assist-
ance, 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 sec-
tion 582 of the PHS Act. 
SUBSTANCE ABUSE TREATMENT 
For carrying out titles III, V, and XIX of the PHS Act with 
respect to substance abuse treatment and section 1922(a) of the 
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125 STAT. 1074 
PUBLIC LAW 112–74—DEC. 23, 2011 
PHS 
Act 
with 
respect 
to 
substance 
abuse 
prevention, 
$2,123,993,000: Provided, That in addition to amounts provided 
herein, the following amounts shall be available under section 241 
of the PHS Act: (1) $79,200,000 to carry out subpart II of part 
B of title XIX of the PHS Act to fund section 1935(b) technical 
assistance, national data, data collection and evaluation activities, 
and further that the total available under this Act for section 
1935(b) activities shall not exceed 5 percent of the amounts appro-
priated for subpart II of part B of title XIX; and (2) $2,000,000 
to evaluate substance abuse treatment programs: Provided further, 
That no funds shall be available for the National All Schedules 
Prescription Reporting system. 
SUBSTANCE ABUSE PREVENTION 
For carrying out titles III and V of the PHS Act with respect 
to substance abuse prevention, $186,361,000. 
HEALTH SURVEILLANCE AND PROGRAM SUPPORT 
For program support and cross-cutting activities that supple-
ment activities funded under the headings ‘‘Mental Health’’, ‘‘Sub-
stance 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 Sub-
stance 
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 pro-
vided under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treat-
ment’’, 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 appropria-
tion 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 avail-
able until expended. 
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125 STAT. 1075 
PUBLIC LAW 112–74—DEC. 23, 2011 
For making, after May 31, 2012, payments to States under 
title XIX or in the case of section 1928 on behalf of States under 
title XIX of the Social Security Act for the last quarter of fiscal 
year 2012 for unanticipated costs incurred for the current fiscal 
year, such sums as may be necessary. 
For making payments to States or in the case of section 1928 
on behalf of States under title XIX of the Social Security Act 
for the first quarter of fiscal year 2013, $90,614,082,000, to remain 
available until expended. 
Payment under such title XIX may be made for any quarter 
with respect to a State plan or plan amendment in effect during 
such quarter, if submitted in or prior to such quarter and approved 
in that or any subsequent quarter. 
PAYMENTS TO HEALTH CARE TRUST FUNDS 
For payment to the Federal Hospital Insurance Trust Fund 
and the Federal Supplementary Medical Insurance Trust Fund, 
as provided under sections 217(g), 1844, and 1860D–16 of the Social 
Security Act, sections 103(c) and 111(d) of the Social Security 
Amendments of 1965, section 278(d)(3) of Public Law 97–248, and 
for administrative expenses incurred pursuant to section 201(g) 
of the Social Security Act, $230,741,378,000. 
In addition, for making matching payments under section 1844 
and benefit payments under section 1860D–16 of the Social Security 
Act that were not anticipated in budget estimates, such sums as 
may be necessary. 
PROGRAM MANAGEMENT 
For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII 
of the PHS Act, the Clinical Laboratory Improvement Amendments 
of 1988, and other responsibilities of the Centers for Medicare 
and Medicaid Services, not to exceed $3,879,476,000, to be trans-
ferred from the Federal Hospital Insurance Trust Fund and the 
Federal Supplementary Medical Insurance Trust Fund, as author-
ized by section 201(g) of the Social Security Act; together with 
all funds collected in accordance with section 353 of the PHS 
Act and section 1857(e)(2) of the Social Security Act, funds retained 
by the Secretary pursuant to section 302 of the Tax Relief and 
Health Care Act of 2006; and such sums as may be collected 
from authorized user fees and the sale of data, which shall be 
credited to this account and remain available until September 30, 
2017: Provided, That all funds derived in accordance with 31 U.S.C. 
9701 from organizations established under title XIII of the PHS 
Act shall be credited to and available for carrying out the purposes 
of this appropriation: Provided further, That $34,000,000, to remain 
available through September 30, 2013, shall be for contract costs 
for the Healthcare Integrated General Ledger Accounting System: 
Provided further, That the Secretary is directed to collect fees 
in fiscal year 2012 from Medicare Advantage organizations pursuant 
to section 1857(e)(2) of the Social Security Act and from eligible 
organizations with risk-sharing contracts under section 1876 of 
that Act pursuant to section 1876(k)(4)(D) of that Act: Provided 
further, That $44,000,000 shall be available for the State high- 
risk health insurance pool program as authorized by the State 
High Risk Pool Funding Extension Act of 2006. 
Fees. 
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125 STAT. 1076 
PUBLIC LAW 112–74—DEC. 23, 2011 
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT 
In addition to amounts otherwise available for program integ-
rity and program management, $310,377,000, to remain available 
through September 30, 2013, to be transferred from the Federal 
Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund, as authorized by section 201(g) 
of the Social Security Act, of which $219,879,000 shall be for the 
Medicare Integrity Program at the Centers for Medicare and Med-
icaid Services, including administrative costs, to conduct oversight 
activities for Medicare Advantage under Part C and the Medicare 
Prescription Drug Program under Part D of the Social Security 
Act and for activities described in section 1893(b) of such Act, 
of which $29,730,000 shall be for the Department of Health and 
Human Services Office of Inspector General to carry out fraud 
and abuse activities authorized by section 1817(k)(3) of such Act, 
of which $31,038,000 shall be for the Medicaid and Children’s 
Health Insurance Program (‘‘CHIP’’) program integrity activities, 
and of which $29,730,000 shall be for the Department of Justice 
to carry out fraud and abuse activities authorized by section 
1817(k)(3) of such Act: Provided, That the report required by section 
1817(k)(5) of the Social Security Act for fiscal year 2012 shall 
include measures of the operational efficiency and impact on fraud, 
waste, and abuse in the Medicare, Medicaid, and CHIP programs 
for the funds provided by this appropriation. 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND 
FAMILY SUPPORT PROGRAMS 
For making payments to States or other non-Federal entities 
under titles I, IV–D, X, XI, XIV, and XVI of the Social Security 
Act and the Act of July 5, 1960, $2,305,035,000, to remain available 
until expended; and for such purposes for the first quarter of 
fiscal year 2013, $1,100,000,000, to remain available until expended. 
For making payments to each State for carrying out the pro-
gram 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 Responsi-
bility 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 unantici-
pated costs, incurred for the current fiscal year, such sums as 
may be necessary. 
LOW INCOME HOME ENERGY ASSISTANCE 
For making payments under subsections (b) and (d) of section 
2602 of the Low Income Home Energy Assistance Act of 1981, 
$3,478,246,000: Provided, That all but $497,000,000 of such funds 
Reports. 
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125 STAT. 1077 
PUBLIC LAW 112–74—DEC. 23, 2011 
shall be allocated as though the total appropriation for such pay-
ments 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 assist-
ance, 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 Nation-
ality Act and section 501 of the Refugee Education Assistance 
Act of 1980, for carrying out section 462 of the Homeland Security 
Act of 2002, section 235 of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008, and the Trafficking 
Victims Protection Act of 2000, for costs associated with the care 
and placement of unaccompanied alien children, and for carrying 
out the Torture Victims Relief Act of 1998, $769,789,000, of which 
up to $9,794,000 shall be available to carry out the Trafficking 
Victims Protection Act of 2000: Provided, That funds appropriated 
under this heading pursuant to section 414(a) of the Immigration 
and Nationality Act, section 462 of the Homeland Security Act 
of 2002, section 235 of the William Wilberforce Trafficking Victims 
Protection Reauthorization Act of 2008, and the Trafficking Victims 
Protection Act of 2000 for fiscal year 2012 shall be available for 
the costs of assistance provided and other activities to remain 
available through September 30, 2014. 
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT 
BLOCK GRANT 
For carrying out the Child Care and Development Block Grant 
Act of 1990, $2,282,627,000 shall be used to supplement, not sup-
plant State general revenue funds for child care assistance for 
low-income families: Provided, That $19,433,000 shall be available 
for child care resource and referral and school-aged child care 
activities, of which $1,000,000 shall be available to the Secretary 
for a competitive grant for the operation of a national toll free 
hotline and Web site to develop and disseminate child care consumer 
education information for parents and help parents access child 
care in their local community: Provided further, That, in addition 
to the amounts required to be reserved by the States under section 
658G, $291,248,000 shall be reserved by the States for activities 
authorized under section 658G, of which $106,813,000 shall be 
for activities that improve the quality of infant and toddler care: 
Provided further, That $9,890,000 shall be for use by the Secretary 
for child care research, demonstration, and evaluation activities. 
SOCIAL SERVICES BLOCK GRANT 
For making grants to States pursuant to section 2002 of the 
Social Security Act, $1,700,000,000: Provided, That notwithstanding 
subparagraph (B) of section 404(d)(2) of such Act, the applicable 
percent specified under such subparagraph for a State to carry 
out State programs pursuant to title XX of such Act shall be 
10 percent. 
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125 STAT. 1078 
PUBLIC LAW 112–74—DEC. 23, 2011 
CHILDREN AND FAMILIES SERVICES PROGRAMS 
For carrying out, except as otherwise provided, the Runaway 
and Homeless Youth Act, the Developmental Disabilities Assistance 
and Bill of Rights Act, the Head Start Act, the Child Abuse Preven-
tion and Treatment Act, sections 303 and 313 of the Family Violence 
Prevention and Services Act, the Native American Programs Act 
of 1974, title II of the Child Abuse Prevention and Treatment 
and Adoption Reform Act of 1978 (adoption opportunities), the 
Abandoned Infants Assistance Act of 1988, section 291 of the Help 
America Vote Act of 2002, part B–1 of title IV and sections 413, 
1110, and 1115 of the Social Security Act; for making payments 
under the Community Services Block Grant Act (‘‘CSBG Act’’), 
sections 439(i), 473B, and 477(i) of the Social Security Act, and 
the Assets for Independence Act; and for necessary administrative 
expenses to carry out such Acts and titles I, IV, V, X, XI, XIV, 
XVI, and XX of the Social Security Act, the Act of July 5, 1960, 
the Low Income Home Energy Assistance Act of 1981, title IV 
of the Immigration and Nationality Act, and section 501 of the 
Refugee Education Assistance Act of 1980, $9,926,709,000, of which 
$39,421,000, to remain available through September 30, 2013, shall 
be for grants to States for adoption incentive payments, as author-
ized 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 cal-
culated 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, Adminis-
tration 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: Pro-
vided further, That to the extent Community Services Block Grant 
funds are distributed as grant funds by a State to an eligible 
entity as provided under the CSBG Act, and have not been expended 
by such entity, they shall remain with such entity for carryover 
into the next fiscal year for expenditure by such entity consistent 
with program purposes: Provided further, That the Secretary shall 
establish procedures regarding the disposition of intangible assets 
and program income that permit such assets acquired with, and 
program income derived from, grant funds authorized under section 
680 of the CSBG Act to become the sole property of such grantees 
Procedures. 
Time period. 
42 USC 9921 
note. 
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125 STAT. 1079 
PUBLIC LAW 112–74—DEC. 23, 2011 
after a period of not more than 12 years after the end of the 
grant period for any activity consistent with section 680(a)(2)(A) 
of the CSBG Act: Provided further, That intangible assets in the 
form of loans, equity investments and other debt instruments, and 
program income may be used by grantees for any eligible purpose 
consistent with section 680(a)(2)(A) of the CSBG Act: Provided 
further, That these procedures shall apply to such grant funds 
made available after November 29, 1999: Provided further, That 
funds appropriated for section 680(a)(2) of the CSBG Act shall 
be available for financing construction and rehabilitation and loans 
or investments in private business enterprises owned by community 
development corporations: Provided further, That $5,245,000 shall 
be for activities authorized by section 291 of the Help America 
Vote Act of 2002: Provided further, That $1,996,000 shall be for 
a human services case management system for federally declared 
disasters, to include a comprehensive national case management 
contract and Federal costs of administering the system: Provided 
further, That up to $2,000,000 shall be for improving the Public 
Assistance Reporting Information System, including grants to 
States to support data collection for a study of the system’s effective-
ness. 
PROMOTING SAFE AND STABLE FAMILIES 
For carrying out section 436 of the Social Security Act, 
$345,000,000 and section 437 of such Act, $63,184,000. 
PAYMENTS FOR FOSTER CARE AND PERMANENCY 
For making payments to States or other non-Federal entities 
under title IV–E of the Social Security Act, $5,153,000,000. 
For making payments to States or other non-Federal entities 
under title IV–E of the Social Security Act, for the first quarter 
of fiscal year 2013, $2,100,000,000. 
For making, after May 31 of the current fiscal year, payments 
to States or other non-Federal entities under section 474 of title 
IV–E of the Social Security Act, for the last 3 months of the 
current fiscal year for unanticipated costs, incurred for the current 
fiscal year, such sums as may be necessary. 
ADMINISTRATION ON AGING 
AGING SERVICES PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For carrying out, to the extent not otherwise provided, the 
Older Americans Act of 1965 (‘‘OAA’’), section 398 and title XXIX 
of the PHS Act, section 119 of the Medicare Improvements for 
Patients and Providers Act of 2008, $1,473,703,000: Provided, That 
amounts appropriated under this heading may be used for grants 
to States under section 361 of the OAA only for disease prevention 
and health promotion programs and activities which have been 
demonstrated through rigorous evaluation to be evidence-based and 
effective: Provided further, That none of the funds provided shall 
be used to carry out sections 1701 and 1703 of the PHS Act 
(with respect to chronic disease self-management activity grants), 
Applicability. 
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125 STAT. 1080 
PUBLIC LAW 112–74—DEC. 23, 2011 
except that such funds may be used for necessary expenses associ-
ated with administering any such grants awarded prior to the 
date of the enactment of this Act: Provided further, That the total 
amount available for fiscal year 2012 under this and any other 
Act to carry out activities related to Aging and Disability Resource 
Centers under subsections (a)(20)(B)(iii) and (b)(8) of section 202 
of the OAA shall not exceed the amount obligated for such purposes 
for fiscal year 2010 from funds available under Public Law 111– 
117: Provided further, That notwithstanding any other provision 
of this Act, funds made available under this heading to carry 
out section 311 of the OAA may be transferred to the Secretary 
of Agriculture in accordance with such section. 
OFFICE OF THE SECRETARY 
GENERAL DEPARTMENTAL MANAGEMENT 
For necessary expenses, not otherwise provided, for general 
departmental management, including hire of six passenger motor 
vehicles, and for carrying out titles III, XVII, and XXI of the 
PHS Act, the United States-Mexico Border Health Commission 
Act, and research studies under section 1110 of the Social Security 
Act, $475,221,000, together with $69,211,000 from the amounts 
available under section 241 of the PHS Act to carry out national 
health or human services research and evaluation activities: Pro-
vided, 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 teen-
age 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 preven-
tion approaches: Provided further, That of the funds made available 
under this heading, $5,000,000 shall be for making competitive 
grants to provide abstinence education (as defined by section 
510(b)(2)(A)–(H) of the Social Security Act) to adolescents, and 
for Federal costs of administering the grant: Provided further, That 
grants made under the authority of section 510(b)(2)(A)–(H) of 
the Social Security Act shall be made only to public and private 
entities that agree that, with respect to an adolescent to whom 
the entities provide abstinence education under such grant, the 
entities will not provide to that adolescent any other education 
regarding sexual conduct, except that, in the case of an entity 
expressly required by law to provide health information or services 
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125 STAT. 1081 
PUBLIC LAW 112–74—DEC. 23, 2011 
the adolescent shall not be precluded from seeking health informa-
tion or services from the entity in a different setting than the 
setting in which abstinence education was provided: Provided fur-
ther, That funds provided in this Act for embryo adoption activities 
may be used to provide to individuals adopting embryos, through 
grants and other mechanisms, medical and administrative services 
deemed necessary for such adoptions: Provided further, That such 
services shall be provided consistent with 42 CFR 59.5(a)(4). 
OFFICE OF MEDICARE HEARINGS AND APPEALS 
For expenses necessary for administrative law judges respon-
sible 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 Coordi-
nator for Health Information Technology, including grants, con-
tracts, 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 discre-
tionary 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 Sur-
vivor Benefit Plan, and for medical care of dependents and retired 
personnel under the Dependents’ Medical Care Act, such amounts 
as may be required during the current fiscal year. 
Embryo adoption. 
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125 STAT. 1082 
PUBLIC LAW 112–74—DEC. 23, 2011 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary to support activities related to coun-
tering potential biological, nuclear, radiological, chemical, and 
cybersecurity threats to civilian populations, and for other public 
health emergencies, $569,452,000; of which $10,000,000 shall 
remain available until September 30, 2014, to support emergency 
operations. 
From funds transferred to this account pursuant to the fourth 
paragraph under this heading in Public Law 111–117, up to 
$415,000,000 shall be available for expenses necessary to support 
advanced research and development pursuant to section 319L of 
the PHS Act, and other administrative expenses of the Biomedical 
Advanced Research and Development Authority to support addi-
tional 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 assign-
ment 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 Emer-
gency Fund or the World Health Organization. 
SEC. 203. None of the funds appropriated in this title shall 
be used to pay the salary of an individual, through a grant or 
other extramural mechanism, at a rate in excess of Executive Level 
II. 
SEC. 204. None of the funds appropriated in this Act may 
be expended pursuant to section 241 of the PHS Act, except for 
funds specifically provided for in this Act, or for other taps and 
assessments made by any office located in HHS, prior to the 
preparation and submission of a report by the Secretary to the 
Committees on Appropriations of the House of Representatives and 
the Senate detailing the planned uses of such funds. 
SEC. 205. Notwithstanding section 241(a) of the PHS Act, such 
portion as the Secretary shall determine, but not more than 2.5 
percent, of any amounts appropriated for programs authorized 
under such Act shall be made available for the evaluation (directly, 
or by grants or contracts) of the implementation and effectiveness 
of such programs. 
(TRANSFER OF FUNDS) 
SEC. 206. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control 
Act of 1985) which are appropriated for the current fiscal year 
for HHS in this Act may be transferred between appropriations, 
but no such appropriation shall be increased by more than 3 percent 
by any such transfer: Provided, That the transfer authority granted 
by this section shall not be used to create any new program or 
to fund any project or activity for which no funds are provided 
Determination. 
Reports. 
Government 
employees. 
Children and 
youth. 
AIDS. 
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125 STAT. 1083 
PUBLIC LAW 112–74—DEC. 23, 2011 
in this Act: Provided further, That the Committees on Appropria-
tions of the House of Representatives and the Senate are notified 
at least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 207. The Director of the NIH, jointly with the Director 
of the Office of AIDS Research, may transfer up to 3 percent 
among institutes and centers from the total amounts identified 
by these two Directors as funding for research pertaining to the 
human immunodeficiency virus: Provided, That the Committees 
on Appropriations of the House of Representatives and the Senate 
are notified at least 15 days in advance of any transfer. 
(TRANSFER OF FUNDS) 
SEC. 208. Of the amounts made available in this Act for NIH, 
the amount for research related to the human immunodeficiency 
virus, as jointly determined by the Director of NIH and the Director 
of the Office of AIDS Research, shall be made available to the 
‘‘Office of AIDS Research’’ account. The Director of the Office of 
AIDS Research shall transfer from such account amounts necessary 
to carry out section 2353(d)(3) of the PHS Act. 
SEC. 209. None of the funds appropriated in this Act may 
be made available to any entity under title X of the PHS Act 
unless the applicant for the award certifies to the Secretary that 
it encourages family participation in the decision of minors to 
seek family planning services and that it provides counseling to 
minors on how to resist attempts to coerce minors into engaging 
in sexual activities. 
SEC. 210. Notwithstanding any other provision of law, no pro-
vider 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 participa-
tion 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 serv-
ices and a Medicare Advantage organization described in this sec-
tion shall be responsible for informing enrollees where to obtain 
information about all Medicare covered services. 
SEC. 212. In order for HHS to carry out international health 
activities, including HIV/AIDS and other infectious disease, chronic 
and environmental disease, and other health activities abroad 
during fiscal year 2012: 
(1) The Secretary may exercise authority equivalent to 
that available to the Secretary of State in section 2(c) of the 
State Department Basic Authorities Act of 1956. The Secretary 
shall consult with the Secretary of State and relevant Chief 
of Mission to ensure that the authority provided in this section 
Abortion. 
Child abuse. 
Certification. 
Family planning. 
Children and 
youth. 
Notification. 
Deadline. 
Notification. 
Deadline. 
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125 STAT. 1084 
PUBLIC LAW 112–74—DEC. 23, 2011 
is exercised in a manner consistent with section 207 of the 
Foreign Service Act of 1980 and other applicable statutes 
administered by the Department of State. 
(2) The Secretary is authorized to provide such funds by 
advance or reimbursement to the Secretary of State as may 
be necessary to pay the costs of acquisition, lease, alteration, 
renovation, and management of facilities outside of the United 
States for the use of HHS. The Department of State shall 
cooperate fully with the Secretary to ensure that HHS has 
secure, safe, functional facilities that comply with applicable 
regulation governing location, setback, and other facilities 
requirements and serve the purposes established by this Act. 
The Secretary is authorized, in consultation with the Secretary 
of State, through grant or cooperative agreement, to make 
available to public or nonprofit private institutions or agencies 
in participating foreign countries, funds to acquire, lease, alter, 
or renovate facilities in those countries as necessary to conduct 
programs of assistance for international health activities, 
including activities relating to HIV/AIDS and other infectious 
diseases, chronic and environmental diseases, and other health 
activities abroad. 
(3) The Secretary is authorized to provide to personnel 
appointed or assigned by the Secretary to serve abroad, allow-
ances 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 per-
sonnel 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 activi-
ties described in such section 402(b)(12). 
(b) PEER REVIEW.—In entering into transactions under sub-
section (a), the Director may utilize such peer review procedures 
(including consultation with appropriate scientific experts) as the 
Director determines to be appropriate to obtain assessments of 
scientific and technical merit. Such procedures shall apply to such 
transactions in lieu of the peer review and advisory council review 
procedures that would otherwise be required under sections 
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the 
PHS Act. 
SEC. 214. Funds which are available for Individual Learning 
Accounts for employees of CDC and the Agency for Toxic Substances 
and Disease Registry (‘‘ATSDR’’) may be transferred to appropriate 
accounts of CDC, to be available only for Individual Learning 
Applicability. 
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125 STAT. 1085 
PUBLIC LAW 112–74—DEC. 23, 2011 
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, discre-
tionary funds made available in this Act may be used to continue 
operating the Council on Graduate Medical Education established 
by section 301 of Public Law 102–408. 
SEC. 216. Not to exceed $45,000,000 of funds appropriated 
by this Act to the institutes and centers of the National Institutes 
of Health may be used for alteration, repair, or improvement of 
facilities, as necessary for the proper and efficient conduct of the 
activities authorized herein, at not to exceed $3,500,000 per project. 
(TRANSFER OF FUNDS) 
SEC. 217. Of the amounts made available for NIH, 1 percent 
of the amount made available for National Research Service Awards 
(‘‘NRSA’’) shall be made available to the Administrator of the Health 
Resources and Services Administration to make NRSA awards for 
research in primary medical care to individuals affiliated with 
entities who have received grants or contracts under section 747 
of the PHS Act, and 1 percent of the amount made available 
for NRSA shall be made available to the Director of the Agency 
for Healthcare Research and Quality to make NRSA awards for 
health service research. 
SEC. 218. None of the funds made available in this title may 
be used, in whole or in part, to advocate or promote gun control. 
SEC. 219. None of the funds appropriated or otherwise made 
available in this Act may be expended to advance the creation 
of a Federally Funded Research and Development Center at the 
Centers for Medicare and Medicaid Services, prior to a Federal 
Register notice being issued that outlines: how this proposal would 
meet the specific requirements identified in FAR 35.017–2; agency 
procedures that ensure small business competitiveness is main-
tained; and the outline of a transparent award and governance 
process to be employed. 
SEC. 220. (a) The Secretary shall establish a publicly accessible 
website to provide information regarding the uses of funds made 
available under section 4002 of Public Law 111–148. 
(b) With respect to funds provided for fiscal year 2012, the 
Secretary shall include on the website established under subsection 
(a) at a minimum the following information: 
(1) In the case of each transfer of funds under section 
4002(c), a statement indicating the program or activity receiving 
funds, the operating division or office that will administer the 
funds, and the planned uses of the funds, to be posted not 
later than the day after the transfer is made. 
(2) Identification (along with a link to the full text) of 
each funding opportunity announcement, request for proposals, 
or other announcement or solicitation of proposals for grants, 
cooperative agreements, or contracts intended to be awarded 
using such funds, to be posted not later than the day after 
the announcement or solicitation is issued. 
(3) Identification of each grant, cooperative agreement, or 
contract with a value of $25,000 or more awarded using such 
funds, including the purpose of the award and the identity 
Deadline. 
Web site. 
Public 
information. 
42 USC 300u–11 
note. 
Federal Register, 
publication. 
Gun control. 
42 USC 2940 
note. 
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125 STAT. 1086 
PUBLIC LAW 112–74—DEC. 23, 2011 
of the recipient, to be posted not later than 5 days after the 
award is made. 
(4) A report detailing the uses of all funds transferred 
under section 4002(c) during the fiscal year, to be posted not 
later than 90 days after the end of the fiscal year. 
(5) Semi-annual reports from each entity awarded a grant, 
cooperative agreement, or contract from such funds with a 
value of $25,000 or more, summarizing the activities under-
taken and identifying any sub-grants or sub-contracts awarded 
(including the purpose of the award and the identity of the 
recipient), to be posted not later than 30 days after the end 
of each 6-month period. 
SEC. 221. (a) ESTABLISHMENT
OF
NATIONAL
CENTER
FOR 
ADVANCING TRANSLATIONAL SCIENCES; ELIMINATION OF NATIONAL 
CENTER FOR RESEARCH RESOURCES.— 
(1) IN GENERAL.—Subpart 1 of part E of title IV of the 
Public Health Service Act (42 U.S.C. 287 et seq.) is amended— 
(A) in the subpart heading, by striking ‘‘National 
Center for Research Resources’’ and inserting ‘‘National 
Center for Advancing Translational Sciences’’; 
(B) by striking sections 480 and 481; and 
(C) by amending section 479 to read as follows: 
‘‘SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL 
SCIENCES. 
‘‘(a) PURPOSE.—The purpose of the National Center for 
Advancing Translational Sciences (in this subpart referred to as 
the ‘Center’) is to advance translational sciences, including by— 
‘‘(1) coordinating and developing resources that leverage 
basic research in support of translational science; and 
‘‘(2) developing partnerships and working cooperatively to 
foster synergy in ways that do not create duplication, redun-
dancy, 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 Cen-
ter’s support. 
‘‘(c) ANNUAL REPORT.—The Center shall publish an annual 
report that, with respect to all research supported by the Center, 
includes a complete list of— 
‘‘(1) the molecules being studied; 
Notice. 
Time period. 
42 USC 287. 
42 USC 287a, 
287a–1. 
Reports. 
Deadlines. 
Time period. 
Reports. 
Deadline. 
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125 STAT. 1087 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘(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 enti-
ties pursuant to each partnership, and 
‘‘(D) the activities which have been transferred to 
industry pursuant to each partnership; and 
‘‘(5) known research activity of other entities that is or 
will expand upon research activity of the Center.’’. 
(2) LIST OF INSTITUTES AND CENTERS.—Section 401(b)(21) 
of the Public Health Service Act (42 U.S.C. 281(b)(21)) is 
amended by striking ‘‘National Center for Research Resources’’ 
and inserting ‘‘National Center for Advancing Translational 
Sciences’’. 
(b) ASSIGNMENT OF CERTAIN FUNCTIONS OF FORMER NATIONAL 
CENTER FOR RESEARCH RESOURCES.— 
(1) BIOMEDICAL AND BEHAVIORAL RESEARCH FACILITIES.— 
Section 481A of the Public Health Service Act (42 U.S.C. 287a– 
2)— 
(A) is redesignated as section 404I and is moved to 
follow section 404H of such Act (42 U.S.C. 283j); and 
(B) is amended— 
(i) in subsection (a)(1), by striking ‘‘acting through 
the Director of the Center or the Director of the 
National Institute of Allergy and Infectious Diseases’’ 
and inserting ‘‘acting through the Office of the Director 
of NIH or the Director of the National Institute of 
Allergy and Infectious Diseases’’; 
(ii) in subsections (c), (d), (e), and (f)(2), by striking 
‘‘Director of the Center or the Director of the National 
Institute of Allergy and Infectious Diseases’’ each place 
it appears and inserting ‘‘Director of NIH, acting 
through the Office of the Director of NIH or the 
National Institute of Allergy and Infectious Diseases,’’; 
(iii) in subsection (b)(2), by striking ‘‘Director of 
the Center’’ each place it appears and inserting 
‘‘Director of NIH’’; 
(iv) in subsections (b)(3)(A), (f)(1), and (g), by 
striking the comma at the end of ‘‘Director of the 
Center,’’ each place it appears; 
(v) by striking ‘‘Director of the Center’’ each place 
it appears and inserting ‘‘Director of NIH, acting 
through the Office of the Director of NIH,’’; 
(vi) in subsection (b)— 
(I) in paragraph (1)(A), by striking ‘‘within 
the Center’’; and 
(II) in paragraph (2)— 
(aa) in subparagraph (A), by striking ‘‘and 
the advisory council established under section 
480 (in this section referred to as the ‘Advisory 
Council’)’’ and inserting ‘‘and the Council of 
Councils established under section 402(l) (in 
this section referred to as the ‘Council’)’’; and 
42 USC 283k. 
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125 STAT. 1088 
PUBLIC LAW 112–74—DEC. 23, 2011 
(bb) in subparagraphs (B), (C), and (D), 
by striking ‘‘Advisory’’ each place it appears; 
and 
(vii) in subsection (g), by striking ‘‘after consulta-
tion with the Advisory Council’’ and inserting ‘‘after 
consultation with the Council’’. 
(2) CONSTRUCTION OF REGIONAL CENTERS FOR RESEARCH 
ON PRIMATES.—Section 481B of the Public Health Service Act 
(42 U.S.C. 287a–3)— 
(A) is redesignated as section 404J and is moved to 
follow section 404I, as redesignated by paragraph (1); and 
(B) in subsection (a), is amended— 
(i) by striking ‘‘by the National Center for Research 
Resources’’ and inserting ‘‘by the Director of NIH, 
acting through the Office of the Director of NIH,’’; 
and 
(ii) by striking ‘‘481A’’ and inserting ‘‘404I’’. 
(3) SANCTUARY SYSTEM FOR SURPLUS CHIMPANZEES.—Sec-
tion 481C of the Public Health Service Act (42 U.S.C. 287a– 
3a)— 
(A) is redesignated as section 404K and is moved to 
follow section 404J, as redesignated by paragraph (2); and 
(B) in subsection (d)(4)(A)(ii), is amended by striking 
‘‘that is carried out by the National Center for Research 
Resources’’ and inserting ‘‘that is carried out by the Director 
of NIH, acting through the Office of the Director of NIH,’’. 
(4) SHARED
INSTRUMENTATION
GRANT
PROGRAM.—Section 
305 of the Public Health Improvement Act (42 U.S.C. 287 
note)— 
(A) is redesignated as section 404L of the Public Health 
Service Act and is moved to follow section 404K of that 
Act, as redesignated by paragraph (3); and 
(B) is amended— 
(i) by striking subsection (a) and redesignating 
subsections (b) and (c) as subsections (a) and (b), 
respectively; 
(ii) in subsection (a), as so redesignated, by striking 
‘‘under the program described in subsection (a)’’ and 
inserting ‘‘under the Shared Instrumentation Grant 
Program’’; 
(iii) by striking ‘‘Director of the National Center 
for Research Resources’’ each place it appears and 
inserting ‘‘Director of NIH, acting through the Office 
of the Director of NIH,’’; and 
(iv) in subsection (b), as so redesignated— 
(I) by striking ‘‘in subsection (a)’’ and inserting 
‘‘in subsection (a), the’’; and 
(II) by striking ‘‘of the Public Health Service 
Act (42 U.S.C. 289a)’’. 
(5) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.—Title 
IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 
is amended— 
(A) in section 461, by striking the section heading 
and designation and all that follows through ‘‘The general 
purpose’’ and inserting the following: 
42 USC 285k. 
42 USC 283n. 
42 USC 283m. 
42 USC 283l. 
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125 STAT. 1089 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘SEC. 461. NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES. 
‘‘(a) GENERAL PURPOSE.—The general purpose’’; 
(B) by moving subsection (g) of section 402 to the 
end of section 461, as amended, and redesignating that 
subsection as subsection (b); and 
(C) in section 461(b), as so redesignated— 
(i) by striking ‘‘(b)(1)(A) In the case of’’ and 
inserting the following: 
‘‘(b) INSTITUTIONAL DEVELOPMENT AWARD PROGRAM.— 
‘‘(1)(A) In the case of’’; 
(ii) by moving two ems to the right— 
(I) subparagraphs (B) and (C) of paragraph 
(1); 
(II) clauses (i), (ii), and (iii) of such subpara-
graph (C); and 
(III) paragraph (2); and 
(iii) in paragraph (1)(A), by striking ‘‘acting 
through the Director of the National Center for 
Research Resources’’ and inserting ‘‘acting through the 
Director of the National Institute of General Medical 
Sciences’’. 
(c) ASSIGNMENT
OF
CERTAIN
OFFICES
AND
FUNCTIONS
TO 
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES.— 
(1) CURES ACCELERATION NETWORK.—Section 402C of the 
Public Health Service Act (42 U.S.C. 282d)— 
(A) is redesignated as section 480 and is moved to 
follow section 479; 
(B) in subsection (b), is amended in the matter that 
precedes paragraph (1) by striking ‘‘within the Office of 
the Director of NIH’’ and inserting ‘‘within the Center’’; 
(C) by striking ‘‘Director of NIH’’ each place it appears 
and inserting ‘‘Director of the Center’’; and 
(D) in the headings of subsections (d)(4) and (d)(4)(B), 
by striking ‘‘DIRECTOR OF NIH’’ each place it appears and 
inserting ‘‘DIRECTOR OF THE CENTER’’. 
(2) OFFICE OF RARE DISEASES.—Title IV of the Public Health 
Service Act (42 U.S.C. 281 et seq.) is amended— 
(A) in section 404F— 
(i) by redesignating such section as section 481 
and moving such section to follow section 480, as 
redesignated by paragraph (1); 
(ii) in subsection (a)— 
(I) by striking ‘‘within the Office of the Director 
of NIH’’ and inserting ‘‘within the Center’’; and 
(II) by striking ‘‘Director of NIH’’ and inserting 
‘‘Director of the Center’’; and 
(iii) in subsection (b)(1)(C), by striking ‘‘404G’’ and 
inserting ‘‘481A’’; and 
(B) in section 401(c)(2)(A), by striking ‘‘the Office of 
Rare Diseases,’’. 
(3) RARE
DISEASE
REGIONAL
CENTERS
OF
EXCELLENCE.— 
Section 404G of the Public Health Service Act (42 U.S.C. 283i) 
is redesignated as section 481A and is moved to follow section 
481, as redesignated by paragraph (2). 
(4) GENERAL CLINICAL RESEARCH CENTERS.—Section 481D 
of the Public Health Service Act (42 U.S.C. 287a–4)— 
(A) is redesignated as section 481B; and 
42 USC 287a–2. 
42 USC 281. 
42 USC 287a–1. 
42 USC 287a–1. 
42 USC 283h, 
287a–1. 
42 USC 287a. 
42 USC 285k. 
42 USC 282, 
285k. 
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125 STAT. 1090 
PUBLIC LAW 112–74—DEC. 23, 2011 
(B) in subsection (a), is amended by striking ‘‘Director 
of the National Center for Research Resources’’ and 
inserting ‘‘Director of the Center’’. 
(d) CONFORMING AMENDMENTS.—Title IV of the Public Health 
Service Act (42 U.S.C. 281 et seq.) is amended— 
(1) in section 402(b)(24) (42 U.S.C. 282(b)(24)), by striking 
‘‘402C’’ and inserting ‘‘480’’; 
(2) in section 404C(e)(3)(A) (42 U.S.C. 283e(e)(3)(A)), by 
striking ‘‘and the Director of the Center for Research 
Resources’’; 
(3) in section 464z–3(i)(1) (42 U.S.C. 285t(i)(1))— 
(A) by striking ‘‘Director of National Institute for 
Research Resources’’ and inserting ‘‘Director of NIH’’; 
(B) by striking ‘‘481(c)(3)’’ and inserting ‘‘404I(c)(2)’’; 
and 
(C) by inserting ‘‘under such section’’ after ‘‘Institutions 
of Emerging Excellence’’; 
(4) in section 499(c)(1)(E) (42 U.S.C. 290b(c)(1)(E)), by 
striking ‘‘section 402C’’ and inserting ‘‘section 480’’. 
SEC. 222. The discretionary appropriation for CDC is hereby 
reduced by $20,000,000: Provided, That the reduction should be 
taken from contracting and administrative costs in each of the 
CDC accounts. 
This title may be cited as the ‘‘Department of Health and 
Human Services Appropriations Act, 2012’’. 
TITLE III 
DEPARTMENT OF EDUCATION 
EDUCATION FOR THE DISADVANTAGED 
For carrying out title I of the Elementary and Secondary Edu-
cation 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: Pro-
vided, 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 improve-
ment grants under section 1003(g) of the ESEA, which shall be 
allocated by the Secretary through the formula described in section 
1003(g)(2) and shall be used consistent with the requirements of 
section 1003(g), except that State and local educational agencies 
Department of 
Education 
Appropriations 
Act, 2012. 
Reduction. 
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125 STAT. 1091 
PUBLIC LAW 112–74—DEC. 23, 2011 
may use such funds to serve any school eligible to receive assistance 
under part A of title I that has not made adequate yearly progress 
for at least 2 years or is in the State’s lowest quintile of performance 
based on proficiency rates and, in the case of secondary schools, 
priority shall be given to those schools with graduation rates below 
60 percent: Provided further, That notwithstanding section 
1003(g)(5)(A), each State educational agency may establish a max-
imum subgrant size of not more than $2,000,000 for each partici-
pating 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 organiza-
tion 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 develop-
ment 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 instruc-
tion through professional development, screening and assessment, 
targeted interventions for students reading below grade level and 
other research-based methods of improving classroom instruction 
and practice. 
IMPACT AID 
For carrying out programs of financial assistance to federally 
affected 
schools 
authorized 
by 
title 
VIII 
of 
the 
ESEA, 
$1,293,631,000, of which $1,155,724,000 shall be for basic support 
payments under section 8003(b), $48,505,000 shall be for payments 
for children with disabilities under section 8003(d), $17,474,000 
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125 STAT. 1092 
PUBLIC LAW 112–74—DEC. 23, 2011 
shall be for construction under section 8007(b) and shall remain 
available through September 30, 2013, $67,074,000 shall be for 
Federal property payments under section 8002, and $4,854,000, 
to remain available until expended, shall be for facilities mainte-
nance 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 avail-
able 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 competi-
tive awards for teacher or principal training or professional 
enhancement activities to national not-for-profit organizations. 
Eligibility. 
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125 STAT. 1093 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 obliga-
tion through December 31, 2012, for section 14006 of division A 
of Public Law 111–5, as amended, to make awards (including on 
the basis of previously submitted applications) to States or to local 
educational agencies, or both, in accordance with the applicable 
requirements of that section, as determined by the Secretary, and 
may use up to 5 percent of such funds for technical assistance 
and evaluation of the activities carried out under that section: 
Provided further, That up to $149,700,000 shall be available for 
obligation through December 31, 2012 for section 14007 of division 
A of Public Law 111–5, and up to 5 percent of such funds may 
be used for technical assistance and the evaluation of activities 
carried out under such section: Provided further, That $300,000,000 
of the funds for subpart 1 of part D of title V of the ESEA shall 
be for competitive grants to local educational agencies, including 
charter schools that are local educational agencies, or States, or 
partnerships of: (1) a local educational agency, a State, or both; 
and (2) at least one nonprofit organization to develop and implement 
performance-based compensation systems for teachers, principals, 
and other personnel in high-need schools: Provided further, That 
such performance-based compensation systems must consider gains 
in student academic achievement as well as classroom evaluations 
conducted multiple times during each school year among other 
factors and provide educators with incentives to take on additional 
responsibilities and leadership roles: Provided further, That recipi-
ents 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 finan-
cially 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 applica-
tions, program outreach, and evaluation activities: Provided further, 
That of the funds available for part B of title V of the ESEA, 
the Secretary shall use not less than $23,000,000 to carry out 
activities under section 5205(b) and under subpart 2: Provided 
further, That of the funds available for subpart 1 of part B of 
title V of the ESEA, and notwithstanding section 5205(a), the 
Financial plan. 
Grants. 
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125 STAT. 1094 
PUBLIC LAW 112–74—DEC. 23, 2011 
Secretary may reserve up to $55,000,000 to make multiple awards 
to non-profit charter management organizations and other entities 
that are not for-profit entities for the replication and expansion 
of successful charter school models and shall reserve up to 
$11,000,000 to carry out the activities described in section 5205(a), 
including improving quality and oversight of charter schools and 
providing technical assistance and grants to authorized public char-
tering 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 profes-
sional development program, which may include evaluation, plan-
ning, 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, regula-
tions, 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 respon-
sibilities 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 char-
tering agency; and demonstrate improved student academic achieve-
ment; 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 impor-
tant factor when determining to renew or revoke a school’s charter. 
SAFE SCHOOLS AND CITIZENSHIP EDUCATION 
For carrying out activities authorized by part A of title IV 
and subparts 1, 2, and 10 of part D of title V of the ESEA, 
$256,237,000: Provided, That $65,000,000 shall be available for 
subpart 2 of part A of title IV: Provided further, That $60,000,000 
shall be available for Promise Neighborhoods and shall be available 
through December 31, 2012. 
ENGLISH LANGUAGE ACQUISITION 
For carrying out part A of title III of the ESEA, $733,530,000, 
which shall become available on July 1, 2012, and shall remain 
available through September 30, 2013, except that 6.5 percent 
of such amount shall be available on October 1, 2011, and shall 
remain available through September 30, 2013, to carry out activities 
under section 3111(c)(1)(C): Provided, That the Secretary shall use 
estimates of the American Community Survey child counts for 
the most recent 3-year period available to calculate allocations 
under such part. 
SPECIAL EDUCATION 
For carrying out the Individuals with Disabilities Education 
Act (‘‘IDEA’’) and the Special Olympics Sport and Empowerment 
Act of 2004, $12,647,066,000, of which $3,115,716,000 shall become 
available on July 1, 2012, and shall remain available through 
Charter schools. 
Audits. 
Plans. 
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125 STAT. 1095 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 edu-
cation and employment, and to improve services and supports to 
the families or households of the SSI child recipient, such as edu-
cation 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 serv-
ices 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 serv-
ices and supports to the family or households of the SSI child 
recipient, such as education and job training for the parents: Pro-
vided further, That States may award subgrants for a portion 
of the funds to other public and private, non-profit entities: Provided 
further, That any funds made available subsequent to reallotment 
for activities aimed at improving the outcomes of children receiving 
SSI and their families shall remain available until September 30, 
2013: Provided further, That $2,000,000 shall be for competitive 
grants to support alternative financing programs that provide for 
the purchase of assistive technology devices, such as a low-interest 
loan fund; an interest buy-down program; a revolving loan fund; 
a loan guarantee; or insurance program: Provided further, That 
applicants shall provide an assurance that, and information 
describing the manner in which, the alternative financing program 
will expand and emphasize consumer choice and control: Provided 
further, That State agencies and community-based disability 
organizations that are directed by and operated for individuals 
with disabilities shall be eligible to compete. 
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125 STAT. 1096 
PUBLIC LAW 112–74—DEC. 23, 2011 
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES 
AMERICAN PRINTING HOUSE FOR THE BLIND 
For carrying out the Act of March 3, 1879, $24,551,000. 
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF 
For the National Technical Institute for the Deaf under titles 
I and II of the Education of the Deaf Act of 1986, $65,546,000: 
Provided, That from the total amount available, the Institute may 
at its discretion use funds for the endowment program as authorized 
under section 207 of such Act. 
GALLAUDET UNIVERSITY 
For the Kendall Demonstration Elementary School, the Model 
Secondary School for the Deaf, and the partial support of Gallaudet 
University under titles I and II of the Education of the Deaf 
Act of 1986, $125,754,000, of which $7,990,000 shall be for construc-
tion 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 avail-
able for integrated English literacy and civics education services 
to immigrants and other limited-English-proficient populations: Pro-
vided 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 resi-
dence 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 perma-
nent 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 leader-
ship activities under section 243. 
STUDENT FINANCIAL ASSISTANCE 
For carrying out subparts 1 and 3 of part A, and part C 
of title IV of the HEA, $24,538,521,000, which shall remain avail-
able through September 30, 2013. 
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125 STAT. 1097 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 inter-
national 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 dissemi-
nation 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 continu-
ation award shall be used in accordance with the terms of such 
continuation award. 
HOWARD UNIVERSITY 
For partial support of Howard University, $234,507,000, of 
which not less than $3,600,000 shall be for a matching endowment 
grant pursuant to the Howard University Endowment Act and 
shall remain available until expended. 
COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM 
For Federal administrative expenses to carry out activities 
related to existing facility loans pursuant to section 121 of the 
HEA, $460,000. 
20 USC 1070a 
note. 
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125 STAT. 1098 
PUBLIC LAW 112–74—DEC. 23, 2011 
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL 
FINANCING PROGRAM ACCOUNT 
For the cost of guaranteed loans, $20,188,000, as authorized 
pursuant to part D of title III of the HEA: Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
further, That these funds are available to subsidize total loan prin-
cipal, 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 Histori-
cally 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 avail-
able 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 con-
ference rooms in the District of Columbia and hire of three pas-
senger motor vehicles, $447,104,000. 
OFFICE FOR CIVIL RIGHTS 
For expenses necessary for the Office for Civil Rights, as author-
ized by section 203 of the Department of Education Organization 
Act, $102,818,000. 
OFFICE OF THE INSPECTOR GENERAL 
For expenses necessary for the Office of the Inspector General, 
as authorized by section 212 of the Department of Education 
Organization Act, $59,933,000. 
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125 STAT. 1099 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Edu-
cation 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 Appropria-
tions of the House of Representatives and the Senate are notified 
at least 15 days in advance of any transfer. 
SEC. 305. The Outlying Areas may consolidate funds received 
under this Act, pursuant to 48 U.S.C. 1469a, under part A of 
title V of the ESEA. 
SEC. 306. Section 105(f)(1)(B)(ix) of the Compact of Free 
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) 
shall be applied by substituting ‘‘2012’’ for ‘‘2009’’. 
SEC. 307. (a) Notwithstanding any other provision of law, the 
Secretary is authorized to modify the terms and conditions of gulf 
hurricane disaster loans to affected institutions pursuant to section 
2601 of Public Law 109–234 using the authority provided herein, 
on such terms as the Secretary, the Secretary of the Treasury, 
and the Director of the Office of Management and Budget jointly 
determine are in the best interests of both the United States and 
the borrowers, and necessary to mitigate the economic effects of 
Hurricanes Katrina and Rita. Any modification under this section 
shall not result in any net cost to the Federal Government, as 
jointly determined by the Secretary, the Secretary of the Treasury, 
and the Director of the Office of Management and Budget, beginning 
on the date on which the Secretary modifies a loan under this 
section. 
Applicability. 
42 USC 1921d 
note. 
Notification. 
Deadline. 
Voluntary 
prayer. 
Meditation. 
Racial 
desegregation. 
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125 STAT. 1100 
PUBLIC LAW 112–74—DEC. 23, 2011 
(b) FEDERAL REGISTER NOTICE.—The Secretary, the Secretary 
of the Treasury, and the Director of the Office of Management 
and Budget, shall jointly publish a notice in the Federal Register 
prior to any modification of loans under paragraph (a) that— 
(1) establishes the terms and conditions governing the 
modifications authorized by paragraph (a); 
(2) includes an outline of the methodology and factors that 
the Secretary, the Secretary of the Treasury, and the Director 
of the Office of Management and Budget, will jointly consider 
in evaluating the modification of the loans made under this 
title; and 
(3) describes how the use of such methodology and consider-
ation 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 modifica-
tion costs. The amount of the fee paid shall be equal to the modifica-
tion 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 organiza-
tions for activities consistent with the purposes of the grant’’. 
SEC. 309. (a) FEDERAL PELL GRANT ELIGIBILITY.— 
(1) MINIMUM
LEVEL.—Section 401(b)(4) of the HEA (20 
U.S.C. 1070a(b)(4)) is amended by striking ‘‘, except that’’ and 
all that follows and inserting a period. 
(2) DURATION OF AWARD PERIOD.—Section 401(c)(5) of the 
HEA (20 U.S.C. 1070a(c)(5)) is amended— 
(A) by striking ‘‘18’’ each place it appears and inserting 
‘‘12’’; and 
(B) by striking the last sentence. 
(b) ZERO EXPECTED FAMILY CONTRIBUTION.—Section 479(c) of 
the HEA (20 U.S.C. 1087ss(c)) is amended— 
(1) in paragraph (1)(B), by striking ‘‘$30,000’’ and inserting 
‘‘$23,000’’; and 
(2) in paragraph (2)(B), by striking ‘‘$30,000’’ and inserting 
‘‘$23,000’’. 
(c) STUDENTS WHO ARE NOT HIGH SCHOOL GRADUATES.— 
(1) AMENDMENT.—Section 484(d) of the HEA (20 U.S.C. 
1091(d)) is amended— 
(A) in the matter preceding paragraph (1), by striking 
‘‘meet one of the following standards:’’; 
(B) by striking paragraphs (1), (2), and (4); and 
(C) in paragraph (3), by striking ‘‘(3) The student has’’ 
and inserting ‘‘have’’; and 
(2) TRANSITION.—The amendment made by paragraph (1) 
shall apply to students who first enroll in a program of study 
on or after July 1, 2012. 
Applicability. 
20 USC 1091 
note. 
123 Stat. 3272; 
Ante, p. 164. 
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125 STAT. 1101 
PUBLIC LAW 112–74—DEC. 23, 2011 
(3) CONFORMING CHANGE.—Section 101(a)(1) of the HEA 
(20 U.S.C. 1001(a)(1) is amended by striking ‘‘section 484(d)(3)’’ 
and inserting ‘‘section 484(d)’’. 
(d) TEMPORARY ELIMINATION OF INTEREST SUBSIDY DURING STU-
DENT LOAN GRACE PERIOD.— 
(1) Section 428(a)(3)(A)(i)(I) of the HEA (20 U.S.C. 
1078(a)(3)(A)(i)(I)) is amended to read as follows: 
‘‘(I) which accrues prior to the date the student 
ceases to carry at least one-half the normal full- 
time academic workload (as determined by the 
institution), or’’. 
(2) The amendment made by paragraph (1) shall apply 
to new Federal Direct Stafford Loans made on or after July 
1, 2012 and before July 1, 2014. 
(e) REVISED SPECIAL ALLOWANCE CALCULATION.— 
(1) REVISED CALCULATION RULE.—Section 438(b)(2)(I) of the 
HEA (20 U.S.C. 1087–1(b)(2)(I)) is amended by adding at the 
end the following: 
‘‘(vii) REVISED
CALCULATION
RULE
TO
REFLECT 
FINANCIAL MARKET CONDITIONS.— 
‘‘(I) CALCULATION BASED ON LIBOR.—For the 
calendar quarter beginning on April 1, 2012 and 
each subsequent calendar quarter, in computing 
the special allowance paid pursuant to this sub-
section 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 suc-
cessor) for such 3-month period’. 
‘‘(II) LOANS
ELIGIBLE
FOR
LIBOR-BASED
CAL-
CULATION.—The special allowance paid pursuant 
to this subsection shall be calculated as described 
in subclause (I) with respect to special allowance 
payments for the 3-month period ending June 30, 
2012, and each succeeding 3-month period, on 
loans for which the first disbursement is made 
on or after January 1, 2000, and before July 1, 
2010, if, not later than April 1, 2012, the holder 
of the loan (or, if the holder acts as eligible lender 
trustee for the beneficial owner of the loan, the 
beneficial owner of the loan), affirmatively and 
permanently waives all contractual, statutory, or 
other legal rights to a special allowance paid 
pursuant to this subsection that is calculated using 
the formula in effect at the time the loans were 
first disbursed. 
‘‘(III) TERMS OF WAIVER.— 
‘‘(aa) IN GENERAL.—A waiver pursuant to 
subclause (II) shall be in a form (printed or 
electronic) prescribed by the Secretary, and 
shall be applicable to— 
Applicability. 
Applicability. 
Time periods. 
Applicability. 
Time period. 
20 USC 1078 
note. 
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125 STAT. 1102 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘(AA) all loans described in such sub-
clause that the lender holds solely in its 
own right under any lender identification 
number associated with the holder (pursu-
ant to section 487B); 
‘‘(BB) all loans described in such sub-
clause for which the beneficial owner has 
the authority to make an election of a 
waiver under such subclause, regardless 
of the lender identification number associ-
ated 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 satisfac-
tion of the Secretary that— 
‘‘(AA) in accordance with an agree-
ment entered into before the date of enact-
ment 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 avail-
able 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 associ-
ated with an obligation rated by a nation-
ally recognized statistical rating organiza-
tion (as defined in section 3(a)(62) of the 
Securities Exchange Act of 1934), and 
such rating organization provided a writ-
ten opinion that the agency would down-
grade the rating applicable to such obliga-
tion if the lender or owner elected such 
a waiver.’’. 
(2) CONFORMING AMENDMENTS.—Section 438(b)(2)(I) of the 
HEA (20 U.S.C. 1087–1(b)(2)(I)) is further amended— 
(A) in clause (i)(II), by striking ‘‘such average bond 
equivalent rate’’ and inserting ‘‘the rate determined under 
subclause (I) (in accordance with clause (vii))’’; and 
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125 STAT. 1103 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Appro-
priations Act, 2012’’. 
TITLE IV 
RELATED AGENCIES 
COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR 
SEVERELY DISABLED 
SALARIES AND EXPENSES 
For expenses necessary for the Committee for Purchase From 
People Who Are Blind or Severely Disabled established by Public 
Law 92–28, $5,385,000. 
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 
OPERATING EXPENSES 
For necessary expenses for the Corporation for National and 
Community Service (referred to in this title as ‘‘CNCS’’) to carry 
out the Domestic Volunteer Service Act of 1973 (referred to in 
this title as ‘‘1973 Act’’) and the National and Community Service 
Act of 1990 (referred to in this title as ‘‘1990 Act’’), $751,672,000, 
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and 
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided 
under this heading: (1) up to 1 percent of program grant funds 
may be used to defray the costs of conducting grant application 
reviews, including the use of outside peer reviewers and electronic 
management of the grants cycle; (2) $44,900,000 shall be available 
for expenses authorized under section 501(a)(4)(E) of the 1990 Act; 
(3) $2,000,000 shall be available for expenses to carry out sections 
20 USC 1089 
note. 
20 USC 1001 
note. 
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125 STAT. 1104 
PUBLIC LAW 112–74—DEC. 23, 2011 
112(e), 179A, and 198O and subtitle J of title I of the 1990 Act, 
notwithstanding section 501(a)(6) of the 1990 Act; (4) $13,466,000 
shall be available to provide assistance to State commissions on 
national and community service, under section 126(a) of the 1990 
Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (5) 
$31,942,000 shall be available to carry out subtitle E of the 1990 
Act; and (6) $3,992,000 shall be available for expenses authorized 
under section 501(a)(4)(F) of the 1990 Act, which, notwithstanding 
the provisions of section 198P shall be awarded by CNCS on a 
competitive basis: Provided further, That, with respect to amounts 
provided under this heading for State Service Commissions, section 
126 of the 1990 Act shall be applied by substituting ‘‘$200,000’’ 
for ‘‘$250,000’’ each place that it appears. 
NATIONAL SERVICE TRUST 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for the National Service Trust estab-
lished 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 ‘‘Oper-
ating 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 Commit-
tees on Appropriations of the House of Representatives and the 
Senate: Provided further, That amounts appropriated for or trans-
ferred to the National Service Trust may be invested under section 
145(b) of the 1990 Act without regard to the requirement to appor-
tion funds under 31 U.S.C. 1513(b). 
SALARIES AND EXPENSES 
For necessary expenses of administration as provided under 
section 501(a)(5) of the 1990 Act and under section 504(a) of the 
1973 Act, including payment of salaries, authorized travel, hire 
of passenger motor vehicles, the rental of conference rooms in 
the District of Columbia, the employment of experts and consultants 
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for 
official reception and representation expenses, $83,000,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $4,000,000. 
ADMINISTRATIVE PROVISIONS 
SEC. 401. CNCS shall make any significant changes to program 
requirements, service delivery or policy only through public notice 
and comment rulemaking. For fiscal year 2012, during any grant 
selection process, an officer or employee of CNCS shall not know-
ingly disclose any covered grant selection information regarding 
such selection, directly or indirectly, to any person other than 
an officer or employee of CNCS that is authorized by CNCS to 
receive such information. 
Notice. 
Public comment. 
Determination. 
Notice. 
Applicability. 
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125 STAT. 1105 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Communica-
tions Act of 1934, an amount which shall be available within limita-
tions 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 Concilia-
tion Service (‘‘Service’’) to carry out the functions vested in it 
by the Labor-Management Relations Act, 1947, including hire of 
passenger motor vehicles; for expenses necessary for the Labor- 
Management Cooperation Act of 1978; and for expenses necessary 
for the Service to carry out the functions vested in it by the 
Civil Service Reform Act, $46,250,000: Provided, That notwith-
standing 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 govern-
ments and international organizations, and for arbitration services 
shall be credited to and merged with this account, and shall remain 
available until expended: Provided further, That fees for arbitration 
Fees. 
Political test. 
Discrimination. 
Requirements. 
42 USC 12571 
note. 
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125 STAT. 1106 
PUBLIC LAW 112–74—DEC. 23, 2011 
services shall be available only for education, training, and profes-
sional development of the agency workforce: Provided further, That 
the Director of the Service is authorized to accept and use on 
behalf of the United States gifts of services and real, personal, 
or other property in the aid of any projects or functions within 
the Director’s jurisdiction. 
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary for the Federal Mine Safety and Health 
Review Commission, $17,637,000. 
INSTITUTE OF MUSEUM AND LIBRARY SERVICES 
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND 
ADMINISTRATION 
For carrying out the Museum and Library Services Act of 
1996 and the National Museum of African American History and 
Culture Act, $232,393,000. 
MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1900 of the Social 
Security Act, $6,000,000. 
MEDICARE PAYMENT ADVISORY COMMISSION 
SALARIES AND EXPENSES 
For expenses necessary to carry out section 1805 of the Social 
Security Act, $11,800,000, to be transferred to this appropriation 
from the Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund. 
NATIONAL COUNCIL ON DISABILITY 
SALARIES AND EXPENSES 
For expenses necessary for the National Council on Disability 
as authorized by title IV of the Rehabilitation Act of 1973, 
$3,264,000. 
NATIONAL LABOR RELATIONS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the National Labor Relations Board 
to carry out the functions vested in it by the Labor-Management 
Relations Act, 1947, and other laws, $278,833,000: Provided, That 
no part of this appropriation shall be available to organize or 
assist in organizing agricultural laborers or used in connection 
with investigations, hearings, directives, or orders concerning bar-
gaining units composed of agricultural laborers as referred to in 
section 2(3) of the Act of July 5, 1935, and as amended by the 
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125 STAT. 1107 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Rail-
way Labor Act, including emergency boards appointed by the Presi-
dent, $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, author-
ized under section 15(d) of the Railroad Retirement Act of 1974, 
$51,000,000, which shall include amounts becoming available in 
fiscal year 2012 pursuant to section 224(c)(1)(B) of Public Law 
98–76; and in addition, an amount, not to exceed 2 percent of 
the amount provided herein, shall be available proportional to the 
amount by which the product of recipients and the average benefit 
received exceeds the amount available for payment of vested dual 
benefits: Provided, That the total amount provided herein shall 
be credited in 12 approximately equal amounts on the first day 
of each month in the fiscal year. 
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS 
For payment to the accounts established in the Treasury for 
the payment of benefits under the Railroad Retirement Act for 
interest earned on unnegotiated checks, $150,000, to remain avail-
able through September 30, 2013, which shall be the maximum 
amount available for payment pursuant to section 417 of Public 
Law 98–76. 
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125 STAT. 1108 
PUBLIC LAW 112–74—DEC. 23, 2011 
LIMITATION ON ADMINISTRATION 
For necessary expenses for the Railroad Retirement Board 
(‘‘Board’’) for administration of the Railroad Retirement Act and 
the Railroad Unemployment Insurance Act, $108,855,000, to be 
derived in such amounts as determined by the Board from the 
railroad retirement accounts and from moneys credited to the rail-
road 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 Secu-
rity Act, $37,582,991,000, to remain available until expended: Pro-
vided, 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 dem-
onstrations under sections 1110 and 1144 of the Social Security 
Act and remain available through September 30, 2013. 
For making, after June 15 of the current fiscal year, benefit 
payments to individuals under title XVI of the Social Security 
Act, for unanticipated costs incurred for the current fiscal year, 
such sums as may be necessary. 
For making benefit payments under title XVI of the Social 
Security 
Act 
for 
the 
first 
quarter 
of 
fiscal 
year 
2013, 
$18,200,000,000, to remain available until expended. 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For necessary expenses, including the hire of two passenger 
motor vehicles, and not to exceed $20,000 for official reception 
and representation expenses, not more than $10,555,494,000 may 
be expended, as authorized by section 201(g)(1) of the Social Secu-
rity Act, from any one or all of the trust funds referred to in 
such section: Provided, That not less than $2,150,000 shall be 
for the Social Security Advisory Board: Provided further, That 
unobligated balances of funds provided under this paragraph at 
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125 STAT. 1109 
PUBLIC LAW 112–74—DEC. 23, 2011 
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: Pro-
vided 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 expendi-
tures for official time for employees of the Social Security Adminis-
tration 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 author-
ized 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 pursu-
ant to section 1616(d) of the Social Security Act or section 212(b)(3) 
of Public Law 93–66, which shall remain available until expended. 
To the extent that the amounts collected pursuant to such sections 
in fiscal year 2012 exceed $161,000,000, the amounts shall be 
available in fiscal year 2013 only to the extent provided in advance 
in appropriations Acts. 
In addition, up to $1,000,000 to be derived from fees collected 
pursuant to section 303(c) of the Social Security Protection Act, 
which shall remain available until expended. 
OFFICE OF INSPECTOR GENERAL 
(INCLUDING TRANSFER OF FUNDS) 
For expenses necessary for the Office of Inspector General 
in carrying out the provisions of the Inspector General Act of 
1978, $28,942,000, together with not to exceed $73,535,000, to be 
transferred and expended as authorized by section 201(g)(1) of 
the Social Security Act from the Federal Old-Age and Survivors 
Insurance Trust Fund and the Federal Disability Insurance Trust 
Fund. 
In addition, an amount not to exceed 3 percent of the total 
provided in this appropriation may be transferred from the ‘‘Limita-
tion on Administrative Expenses’’, Social Security Administration, 
to be merged with this account, to be available for the time and 
purposes for which this account is available: Provided, That notice 
Notice. 
Deadline. 
Deadline. 
Reports. 
Notification. 
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125 STAT. 1110 
PUBLIC LAW 112–74—DEC. 23, 2011 
of such transfers shall be transmitted promptly to the Committees 
on Appropriations of the House of Representatives and the Senate 
at least 15 days in advance of any transfer. 
TITLE V 
GENERAL PROVISIONS 
(TRANSFER OF FUNDS) 
SEC. 501. The Secretaries of Labor, Health and Human Serv-
ices, and Education are authorized to transfer unexpended balances 
of prior appropriations to accounts corresponding to current appro-
priations 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 legisla-
tion before the Congress or any State or local legislature or legisla-
tive 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 trans-
ferred 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 govern-
ment. 
(c) The prohibitions in subsections (a) and (b) shall include 
any activity to advocate or promote any proposed, pending or future 
Federal, State or local tax increase, or any proposed, pending, 
or future requirement or restriction on any legal consumer product, 
including its sale or marketing, including but not limited to the 
advocacy or promotion of gun control. 
SEC. 504. The Secretaries of Labor and Education are author-
ized to make available not to exceed $28,000 and $20,000, respec-
tively, from funds available for salaries and expenses under titles 
I and III, respectively, for official reception and representation 
expenses; the Director of the Federal Mediation and Conciliation 
Service is authorized to make available for official reception and 
Gun control. 
Lobbying. 
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125 STAT. 1111 
PUBLIC LAW 112–74—DEC. 23, 2011 
representation expenses not to exceed $5,000 from the funds avail-
able 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 representa-
tion 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 recipi-
ents 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 sec-
tion shall not apply to an abortion— 
(1) if the pregnancy is the result of an act of rape or 
incest; or 
(2) in the case where a woman suffers from a physical 
disorder, physical injury, or physical illness, including a life- 
endangering physical condition caused by or arising from the 
pregnancy itself, that would, as certified by a physician, place 
the woman in danger of death unless an abortion is performed. 
(b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State’s or 
locality’s contribution of Medicaid matching funds). 
(c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State’s or locality’s contribution of Medicaid matching 
funds). 
(d)(1) None of the funds made available in this Act may be 
made available to a Federal agency or program, or to a State 
or local government, if such agency, program, or government sub-
jects any institutional or individual health care entity to discrimina-
tion on the basis that the health care entity does not provide, 
pay for, provide coverage of, or refer for abortions. 
(2) In this subsection, the term ‘‘health care entity’’ includes 
an individual physician or other health care professional, a hospital, 
Definition. 
Abortion. 
Definition. 
Abortion. 
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125 STAT. 1112 
PUBLIC LAW 112–74—DEC. 23, 2011 
a provider-sponsored organization, a health maintenance organiza-
tion, 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 Con-
trolled 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 advan-
tage. 
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 require-
ment was applicable to such entity. 
SEC. 512. None of the funds made available in this Act may 
be transferred to any department, agency, or instrumentality of 
the United States Government, except pursuant to a transfer made 
by, or transfer authority provided in, this Act or any other appro-
priation Act. 
SEC. 513. None of the funds made available by this Act to 
carry out the Library Services and Technology Act may be made 
available to any library covered by paragraph (1) of section 224(f) 
of such Act, as amended by the Children’s Internet Protection 
Act, unless such library has made the certifications required by 
paragraph (4) of such section. 
Certifications. 
Contracts. 
Reports. 
Health and 
health care. 
Drugs and drug 
abuse. 
Definition. 
Human embryos. 
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125 STAT. 1113 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Represent-
atives and the Senate are notified 15 days in advance of such 
reprogramming or of an announcement of intent relating to such 
reprogramming, whichever occurs earlier. 
(b) None of the funds provided under this Act, or provided 
under previous appropriations Acts to the agencies funded by this 
Act that remain available for obligation or expenditure in fiscal 
year 2012, or provided from any accounts in the Treasury of the 
United States derived by the collection of fees available to the 
agencies funded by this Act, shall be available for obligation or 
expenditure through a reprogramming of funds in excess of $500,000 
or 10 percent, whichever is less, that— 
(1) 
augments 
existing 
programs, 
projects 
(including 
construction projects), or activities; 
(2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent 
as approved by Congress; or 
(3) results from any general savings from a reduction in 
personnel which would result in a change in existing programs, 
activities, or projects as approved by Congress; 
unless the Committees on Appropriations of the House of Represent-
atives and the Senate are notified 15 days in advance of such 
reprogramming or of an announcement of intent relating to such 
reprogramming, whichever occurs earlier. 
SEC. 516. (a) None of the funds made available in this Act 
may be used to request that a candidate for appointment to a 
Federal scientific advisory committee disclose the political affiliation 
or voting history of the candidate or the position that the candidate 
holds with respect to political issues not directly related to and 
necessary for the work of the committee involved. 
Political 
disclosures. 
Deadlines. 
Notifications. 
Certifications. 
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125 STAT. 1114 
PUBLIC LAW 112–74—DEC. 23, 2011 
(b) None of the funds made available in this Act may be 
used to disseminate information that is deliberately false or mis-
leading. 
SEC. 517. Within 45 days of enactment of this Act, each depart-
ment 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 accom-
panying this Act, or the fiscal year 2012 budget request. 
SEC. 518. The Secretaries of Labor, Health and Human Serv-
ices, and Education shall each prepare and submit to the Commit-
tees 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 pre-
ceding the certification, has not been convicted of a criminal offense 
under the Internal Revenue Code of 1986, and has not, more than 
90 days prior to certification, been notified of any unpaid Federal 
tax assessment for which the liability remains unsatisfied, unless 
the assessment is the subject of an installment agreement or offer 
in compromise that has been approved by the Internal Revenue 
Service and is not in default, or the assessment is the subject 
of a non-frivolous administrative or judicial proceeding. 
SEC. 520. None of the funds appropriated in this Act shall 
be expended or obligated by the Commissioner of Social Security, 
for purposes of administering Social Security benefit payments 
under title II of the Social Security Act, to process any claim 
for credit for a quarter of coverage based on work performed under 
a social security account number that is not the claimant’s number 
and the performance of such work under such number has formed 
the basis for a conviction of the claimant of a violation of section 
208(a)(6) or (7) of the Social Security Act. 
SEC. 521. None of the funds appropriated by this Act may 
be used by the Commissioner of Social Security or the Social Secu-
rity Administration to pay the compensation of employees of the 
Social Security Administration to administer Social Security benefit 
payments, under any agreement between the United States and 
Mexico establishing totalization arrangements between the social 
security system established by title II of the Social Security Act 
and the social security system of Mexico, which would not otherwise 
be payable but for such agreement. 
Mexico. 
Claims. 
Contracts. 
Grants. 
Certification. 
Deadline. 
Reports. 
Deadline. 
Operating plan. 
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125 STAT. 1115 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 hypo-
dermic 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 Commit-
tees 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 appropria-
tion 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 Agen-
cies. 
(b) PROPORTIONATE APPLICATION.—Any rescission made by sub-
section (a) shall be applied proportionately— 
(1) to each discretionary account and each item of budget 
authority described in such subsection; and 
(2) within each such account and item, to each program, 
project, and activity (with programs, projects, and activities 
as delineated in this Act or the accompanying statement of 
managers). 
(c) EXCEPTION.—This section shall not apply to discretionary 
authority appropriated for the Federal Pell Grants program under 
the heading ‘‘Department of Education, Student Financial Assist-
ance’’. 
(d) OMB REPORT.—Within 30 days after the date of the enact-
ment of this section, the Director of the Office of Management 
and Budget shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate a report specifying 
Deadlines. 
Reports. 
31 USC 1502 
note. 
Needle 
distribution. 
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125 STAT. 1116 
PUBLIC LAW 112–74—DEC. 23, 2011 
the account and amount of each rescission made pursuant to this 
section. 
This division may be cited as the ‘‘Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appro-
priations 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 Commit-
tees, $4,690 for each Chairman; and Chairmen of the Majority 
and Minority Policy Committees, $4,690 for each Chairman; in 
all, $174,840. 
REPRESENTATION ALLOWANCES FOR THE MAJORITY AND MINORITY 
LEADERS 
For representation allowances of the Majority and Minority 
Leaders of the Senate, $14,070 for each such Leader; in all, $28,140. 
SALARIES, OFFICERS AND EMPLOYEES 
For compensation of officers, employees, and others as author-
ized by law, including agency contributions, $175,763,738, which 
shall be paid from this appropriation without regard to the following 
limitations: 
OFFICE OF THE VICE PRESIDENT 
For the Office of the Vice President, $2,361,248. 
OFFICE OF THE PRESIDENT PRO TEMPORE 
For the Office of the President Pro Tempore, $705,466. 
OFFICES OF THE MAJORITY AND MINORITY LEADERS 
For Offices of the Majority and Minority Leaders, $5,201,576. 
OFFICES OF THE MAJORITY AND MINORITY WHIPS 
For Offices of the Majority and Minority Whips, $3,281,424. 
COMMITTEE ON APPROPRIATIONS 
For salaries of the Committee on Appropriations, $14,863,573. 
Legislative 
Branch 
Appropriations 
Act, 2012. 
2 USC 60a note. 
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125 STAT. 1117 
PUBLIC LAW 112–74—DEC. 23, 2011 
CONFERENCE COMMITTEES 
For the Conference of the Majority and the Conference of the 
Minority, at rates of compensation to be fixed by the Chairman 
of each such committee, $1,619,195 for each such committee; in 
all, $3,238,390. 
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY 
AND THE CONFERENCE OF THE MINORITY 
For Offices of the Secretaries of the Conference of the Majority 
and the Conference of the Minority, $797,402. 
POLICY COMMITTEES 
For salaries of the Majority Policy Committee and the Minority 
Policy Committee, $1,653,905 for each such committee; in all, 
$3,307,810. 
OFFICE OF THE CHAPLAIN 
For Office of the Chaplain, $405,886. 
OFFICE OF THE SECRETARY 
For Office of the Secretary, $24,194,115. 
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER 
For Office of the Sergeant at Arms and Doorkeeper, 
$73,000,000. 
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY 
For Offices of the Secretary for the Majority and the Secretary 
for the Minority, $1,722,388. 
AGENCY CONTRIBUTIONS AND RELATED EXPENSES 
For agency contributions for employee benefits, as authorized 
by law, and related expenses, $42,684,460. 
OFFICE OF THE LEGISLATIVE COUNSEL OF THE SENATE 
For salaries and expenses of the Office of the Legislative 
Counsel of the Senate, $6,995,300. 
OFFICE OF SENATE LEGAL COUNSEL 
For salaries and expenses of the Office of Senate Legal Counsel, 
$1,449,000. 
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SER-
GEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRE-
TARIES FOR THE MAJORITY AND MINORITY OF THE SENATE 
For expense allowances of the Secretary of the Senate, $7,110; 
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary 
for the Majority of the Senate, $7,110; Secretary for the Minority 
of the Senate, $7,110; in all, $28,440. 
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125 STAT. 1118 
PUBLIC LAW 112–74—DEC. 23, 2011 
CONTINGENT EXPENSES OF THE SENATE 
INQUIRIES AND INVESTIGATIONS 
For expenses of inquiries and investigations ordered by the 
Senate, or conducted under paragraph 1 of rule XXVI of the 
Standing Rules of the Senate, section 112 of the Supplemental 
Appropriations and Rescission Act, 1980 (Public Law 96–304), and 
Senate Resolution 281, 96th Congress, agreed to March 11, 1980, 
$131,305,860, of which $26,650,000 shall be available until Sep-
tember 30, 2014. 
EXPENSES OF THE UNITED STATES SENATE CAUCUS ON 
INTERNATIONAL NARCOTICS CONTROL 
For expenses of the United States Senate Caucus on Inter-
national Narcotics Control, $487,822. 
SECRETARY OF THE SENATE 
For expenses of the Office of the Secretary of the Senate 
$5,816,344 of which $4,200,000 shall remain available until Sep-
tember 30, 2016. 
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE 
For expenses of the Office of the Sergeant at Arms and Door-
keeper 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 avail-
able until September 30, 2014. 
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT 
For Senators’ Official Personnel and Office Expense Account, 
$396,180,000 of which $18,921,206 shall remain available until 
September 30, 2014. 
OFFICIAL MAIL COSTS 
For expenses necessary for official mail costs of the Senate, 
$281,436. 
ADMINISTRATIVE PROVISION 
PAYMENT OF CERTAIN EXPENSES 
SEC. 1. (a) IN GENERAL.—Subject to the approval of the Com-
mittee on Appropriations of the Senate, if in any fiscal year amounts 
in any appropriations account under the heading ‘‘SENATE’’ under 
the heading ‘‘LEGISLATIVE BRANCH’’ are available for more than 
1 fiscal year, the Secretary of the Senate may establish procedures 
for the payment of expenses with respect to that account from 
any amounts available for that fiscal year. 
(b) EFFECTIVE DATE.—This section shall apply to fiscal year 
2012 and each fiscal year thereafter. 
2 USC 68f. 
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125 STAT. 1119 
PUBLIC LAW 112–74—DEC. 23, 2011 
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; Demo-
cratic Caucus, $1,553,807. In addition to the amounts made avail-
able above, for salaries and expenses under this heading, to be 
available during the period beginning September 30, 2012, and 
ending December 31, 2013; $5,818,948, including: Office of the 
Speaker, $1,735,694, including $6,250 for official expenses of the 
Speaker; Office of the Majority Floor Leader, $569,399, including 
$2,500 for official expenses of the Majority Leader; Office of the 
Minority Floor Leader, $1,858,205, including $2,500 for official 
expenses of the Minority Leader; Office of the Majority Whip, 
including the Chief Deputy Majority Whip, $492,763, including 
$1,250 for official expenses of the Majority Whip; Office of the 
Minority Whip, including the Chief Deputy Minority Whip, 
$381,238, including $1,250 for official expenses of the Minority 
Whip; Republican Conference, $393,197; Democratic Caucus, 
$388,452. 
MEMBERS’ REPRESENTATIONAL ALLOWANCES 
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES OF 
MEMBERS, AND OFFICIAL MAIL 
For Members’ representational allowances, including Members’ 
clerk hire, official expenses, and official mail, $573,939,282. 
COMMITTEE EMPLOYEES 
STANDING COMMITTEES, SPECIAL AND SELECT 
For salaries and expenses of standing committees, special and 
select, authorized by House resolutions, $125,964,870: Provided, 
That such amount shall remain available for such salaries and 
expenses until December 31, 2012. 
COMMITTEE ON APPROPRIATIONS 
For salaries and expenses of the Committee on Appropriations, 
$26,665,785, including studies and examinations of executive agen-
cies and temporary personal services for such committee, to be 
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125 STAT. 1120 
PUBLIC LAW 112–74—DEC. 23, 2011 
expended in accordance with section 202(b) of the Legislative 
Reorganization Act of 1946 and to be available for reimbursement 
to agencies for services performed: Provided, That such amount 
shall remain available for such salaries and expenses until 
December 31, 2012. 
SALARIES, OFFICERS AND EMPLOYEES 
For salaries and expenses of officers and employees, as author-
ized by law, $177,628,400, including: for salaries and expenses 
of the Office of the Clerk, including not more than $23,000, of 
which not more than $20,000 is for the Family Room, for official 
representation and reception expenses, $26,114,400, of which 
$2,000,000 shall remain available until expended; for salaries and 
expenses of the Office of the Sergeant at Arms, including the 
position of Superintendent of Garages and the Office of Emergency 
Management, and including not more than $3,000 for official rep-
resentation 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 Parliamen-
tarian, 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 commit-
tees, leadership offices, and administrative offices of the House, 
$201,000; Government contributions for health, retirement, Social 
Security, and other applicable employee benefits, $264,848,219; 
Business Continuity and Disaster Recovery, $17,112,072, of which 
$5,000,000 shall remain available until expended; transition activi-
ties for new members and staff, $1,721,533; Wounded Warrior Pro-
gram $2,500,000, to remain available until expended; Office of 
Congressional Ethics, $1,548,000; and miscellaneous items including 
purchase, exchange, maintenance, repair and operation of House 
motor vehicles, interparliamentary receptions, and gratuities to 
heirs of deceased employees of the House, $760,000. 
ADMINISTRATIVE PROVISIONS 
SEC. 101. (a) REQUIRING AMOUNTS REMAINING IN MEMBERS’ 
REPRESENTATIONAL ALLOWANCES TO BE USED FOR DEFICIT REDUC-
TION OR TO REDUCE THE FEDERAL DEBT.—Notwithstanding any 
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125 STAT. 1121 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Appro-
priations 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 aggre-
gate amount appropriated or otherwise made available for all 
such offices and authorities. 
(2) OFFICES AND AUTHORITIES DESCRIBED.—The offices and 
authorities described in this paragraph are as follows: 
(A) The Office of the Speaker. 
(B) The Speaker’s Office for Legislative Floor Activities. 
(C) The Republican Steering Committee (if the Speaker 
is a member of the Republican party) or the Democratic 
Steering and Policy Committee (if the Speaker is a member 
of the Democratic party). 
(D) The Republican Policy Committee (if the Speaker 
is a member of the Republican party). 
(E) Training and program development—majority (as 
described under the heading ‘‘House leadership offices’’ in 
2 USC 74a–11a. 
Applicability. 
2 USC 74a–13 
note. 
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125 STAT. 1122 
PUBLIC LAW 112–74—DEC. 23, 2011 
the most recent bill making appropriations for the legisla-
tive 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 legisla-
tive 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 Appro-
priations Act, 1999 (2 U.S.C. 74a–8(b)) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘Sub-
ject to the allocation described in subsection (c), funds’’ and 
inserting ‘‘Funds’’; 
(2) in paragraph (1), by striking ‘‘direct;’’ and inserting 
the following: ‘‘direct (or, if the Speaker is not a member of 
the Republican Party, under such terms and conditions as 
the Minority Leader of the House of Representatives may 
direct);’’; and 
(3) in paragraph (2), by striking ‘‘direct.’’ and inserting 
the following: ‘‘direct (or, if the Speaker is a member of the 
Democratic Party, under such terms and conditions as the 
Speaker may direct).’’. 
(b) Section 103 of such Act (2 U.S.C. 74a–8(c)) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsection (d) as subsection (c). 
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125 STAT. 1123 
PUBLIC LAW 112–74—DEC. 23, 2011 
(c) The amendments made by this section shall take effect 
as if included in the enactment of the Legislative Branch Appropria-
tions 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 Emer-
gency 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 inau-
gural 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 Adminis-
tration, but the account from which such staff member is paid 
may be reimbursed for the services of the staff member (including 
agency contributions when appropriate) out of funds made available 
under this heading. 
JOINT COMMITTEE ON TAXATION 
For salaries and expenses of the Joint Committee on Taxation, 
$10,004,000, to be disbursed by the Chief Administrative Officer 
of the House of Representatives. 
For other joint items, as follows: 
OFFICE OF THE ATTENDING PHYSICIAN 
For medical supplies, equipment, and contingent expenses of 
the emergency rooms, and for the Attending Physician and his 
assistants, including: (1) an allowance of $2,175 per month to the 
Attending Physician; (2) an allowance of $1,300 per month to the 
Senior Medical Officer; (3) an allowance of $725 per month each 
Repeal. 
Effective date. 
Effective date. 
2 USC 74a–8 
note. 
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125 STAT. 1124 
PUBLIC LAW 112–74—DEC. 23, 2011 
to three medical officers while on duty in the Office of the Attending 
Physician; (4) an allowance of $725 per month to 2 assistants 
and $580 per month each not to exceed 11 assistants on the basis 
heretofore provided for such assistants; and (5) $2,427,000 for 
reimbursement to the Department of the Navy for expenses incurred 
for staff and equipment assigned to the Office of the Attending 
Physician, which shall be advanced and credited to the applicable 
appropriation or appropriations from which such salaries, allow-
ances, 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 Accessi-
bility 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 Congres-
sional 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 sec-
tion 101 of the Congressional Accountability Act of 1995 
(2 U.S.C. 1301), of an employee of the Senate; and 
‘‘(B) includes the Office of Congressional Accessibility 
Services with respect to employees of that office whose 
pay is disbursed by the Secretary of the Senate.’’. 
(b) EXCLUSION FROM PARTICIPATION IN DUAL PROGRAMS.—Sec-
tion 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 agree-
ment under this section at the same time.’’. 
(c) EFFECTIVE DATE AND APPLICATION.—The amendments made 
by this section shall take effect on the date of enactment of this 
Act and apply to service agreements entered into under section 
102 of the Legislative Branch Appropriations Act, 2002 (2 U.S.C. 
2 USC 60c–5 
note. 
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125 STAT. 1125 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 over-
time, hazardous duty pay differential, and Government contribu-
tions 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 Sep-
tember 30, 2014, to be disbursed by the Chief of the Capitol Police 
or his designee: Provided, That, notwithstanding any other provision 
of law, the cost of basic training for the Capitol Police at the 
Federal Law Enforcement Training Center for fiscal year 2012 
shall be paid by the Secretary of Homeland Security from funds 
available to the Department of Homeland Security. 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 1101. Amounts appropriated for fiscal year 2012 for the 
Capitol Police may be transferred between the headings ‘‘Salaries’’ 
and ‘‘General expenses’’ upon the approval of the Committees on 
Appropriations of the House of Representatives and the Senate. 
WAIVER BY CHIEF OF CAPITOL POLICE OF CLAIMS ARISING OUT OF 
ERRONEOUS PAYMENTS TO OFFICERS AND EMPLOYEES 
SEC. 1102. (a) WAIVER OF CLAIM.—Subject to the joint approval 
of the Chief Administrative Officer of the House of Representatives 
and the Secretary of the Senate, the Chief of the United States 
Capitol Police may waive in whole or in part a claim of the United 
States against a person arising out of an erroneous payment of 
any pay or allowances, other than travel and transportation 
expenses and allowances, to an officer, member, or employee of 
the United States Capitol Police, if the collection of the claim 
would be against equity and good conscience and not in the best 
interests of the United States. 
(b) INVESTIGATION OF APPLICATION; REPORT.—The Chief shall 
investigate each application for the waiver of a claim under sub-
section (a) and shall submit a written report of the investigation, 
2 USC 1934. 
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125 STAT. 1126 
PUBLIC LAW 112–74—DEC. 23, 2011 
including a description of the facts and circumstances of the claim, 
to the Chief Administrative Officer of the House of Representatives 
and the Secretary of the Senate, except that if the aggregate amount 
of the claim involved exceeds $1,500, the Comptroller General may 
also investigate the application and submit a written report of 
the investigation, including a description of the facts and cir-
cumstances 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, com-
promise, 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 Appro-
priations Act, 2003 (2 U.S.C. 1907(a)). 
OFFICE OF COMPLIANCE 
SALARIES AND EXPENSES 
For salaries and expenses of the Office of Compliance, as 
authorized by section 305 of the Congressional Accountability Act 
of 1995 (2 U.S.C. 1385), $3,817,000, of which $700,000 shall remain 
available until September 30, 2013: Provided, That not more than 
$500 may be expended on the certification of the Executive Director 
of the Office of Compliance in connection with official representation 
and reception expenses. 
CONGRESSIONAL BUDGET OFFICE 
SALARIES AND EXPENSES 
For salaries and expenses necessary for operation of the 
Congressional Budget Office, including not more than $6,000 to 
Applicability. 
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125 STAT. 1127 
PUBLIC LAW 112–74—DEC. 23, 2011 
be expended on the certification of the Director of the Congressional 
Budget Office in connection with official representation and recep-
tion 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 adminis-
trative 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 Sep-
tember 30, 2016. 
CAPITOL BUILDING 
For all necessary expenses for the maintenance, care and oper-
ation of the Capitol, $36,154,000, of which $11,063,000 shall remain 
available until September 30, 2016. 
CAPITOL GROUNDS 
For all necessary expenses for care and improvement of grounds 
surrounding the Capitol, the Senate and House office buildings, 
and the Capitol Power Plant, $9,852,000. 
SENATE OFFICE BUILDINGS 
For all necessary expenses for the maintenance, care and oper-
ation of Senate office buildings; and furniture and furnishings to 
be expended under the control and supervision of the Architect 
of the Capitol, $71,128,000, of which $13,128,000 shall remain 
available until September 30, 2016. 
HOUSE OFFICE BUILDINGS 
For all necessary expenses for the maintenance, care and oper-
ation of the House office buildings, $94,154,000, of which 
$45,631,000 shall remain available until September 30, 2016. 
In addition, for a payment to the House Historic Buildings 
Revitalization Trust Fund, $30,000,000, shall remain available until 
expended. 
CAPITOL POWER PLANT 
For all necessary expenses for the maintenance, care and oper-
ation 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 Con-
gress buildings, and the grounds about the same, Botanic Garden, 
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125 STAT. 1128 
PUBLIC LAW 112–74—DEC. 23, 2011 
Senate garage, and air conditioning refrigeration not supplied from 
plants in any of such buildings; heating the Government Printing 
Office and Washington City Post Office, and heating and chilled 
water for air conditioning for the Supreme Court Building, the 
Union Station complex, the Thurgood Marshall Federal Judiciary 
Building and the Folger Shakespeare Library, expenses for which 
shall be advanced or reimbursed upon request of the Architect 
of the Capitol and amounts so received shall be deposited into 
the Treasury to the credit of this appropriation, $123,229,000, of 
which $37,617,000 shall remain available until September 30, 2016: 
Provided, That not more than $9,000,000 of the funds credited 
or to be reimbursed to this appropriation as herein provided shall 
be available for obligation during fiscal year 2012. 
LIBRARY BUILDINGS AND GROUNDS 
For all necessary expenses for the mechanical and structural 
maintenance, care and operation of the Library buildings and 
grounds, $46,876,000, of which $21,116,000 shall remain available 
until September 30, 2016. 
CAPITOL POLICE BUILDINGS, GROUNDS AND SECURITY 
For all necessary expenses for the maintenance, care and oper-
ation 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 oper-
ation of the Botanic Garden and the nurseries, buildings, grounds, 
and collections; and purchase and exchange, maintenance, repair, 
and operation of a passenger motor vehicle; all under the direction 
of the Joint Committee on the Library, $12,000,000: Provided, That 
of the amount made available under this heading, the Architect 
of the Capitol may obligate and expend such sums as may be 
necessary for the maintenance, care and operation of the National 
Garden established under section 307E of the Legislative Branch 
Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers approved 
by the Architect of the Capitol or a duly authorized designee. 
CAPITOL VISITOR CENTER 
For all necessary expenses for the operation of the Capitol 
Visitor Center, $21,276,000. 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
USE OF CONSTRUCTION PROJECT FUNDS TO REIMBURSE CAPITOL 
POLICE FOR RELATED OVERTIME COSTS 
SEC. 1201. (a) PAYMENT OF OVERTIME COSTS.—The Architect 
of the Capitol shall transfer amounts made available for construc-
tion projects during a fiscal year to the applicable appropriations 
accounts of the United States Capitol Police in order to reimburse 
2 USC 1862a. 
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125 STAT. 1129 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 South-
west, 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 uni-
forms; preservation of motion pictures in the custody of the Library; 
operation and maintenance of the American Folklife Center in 
the Library; activities under the Civil Rights History Project Act 
of 2009; preparation and distribution of catalog records and other 
publications of the Library; hire or purchase of one passenger 
motor vehicle; and expenses of the Library of Congress Trust Fund 
Board not properly chargeable to the income of any trust fund 
held by the Board, $420,093,000, of which not more than $6,000,000 
shall be derived from collections credited to this appropriation 
during fiscal year 2012, and shall remain available until expended, 
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 
U.S.C. 150) and not more than $350,000 shall be derived from 
collections during fiscal year 2012 and shall remain available until 
expended for the development and maintenance of an international 
legal information database and activities related thereto: Provided, 
That the Library of Congress may not obligate or expend any 
funds derived from collections under the Act of June 28, 1902, 
in excess of the amount authorized for obligation or expenditure 
in appropriations Acts: Provided further, That the total amount 
available for obligation shall be reduced by the amount by which 
collections are less than $6,350,000: Provided further, That of the 
total amount appropriated, not more than $12,000 may be expended, 
on the certification of the Librarian of Congress, in connection 
with official representation and reception expenses for the Overseas 
Field Offices: Provided further, That of the total amount appro-
priated, $6,959,000 shall remain available until expended for the 
digital collections and educational curricula program. 
2 USC 1811 note. 
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125 STAT. 1130 
PUBLIC LAW 112–74—DEC. 23, 2011 
COPYRIGHT OFFICE 
SALARIES AND EXPENSES 
For all necessary expenses of the Copyright Office, $51,650,000, 
of which not more than $28,029,000, to remain available until 
expended, shall be derived from collections credited to this appro-
priation 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 appropria-
tions 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 avail-
able 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 copy-
right delegations, visitors, and seminars: Provided further, That 
notwithstanding any provision of chapter 8 of title 17, United States 
Code, any amounts made available under this heading which are 
attributable to royalty fees and payments received by the Copyright 
Office pursuant to sections 111, 119, and chapter 10 of such title 
may be used for the costs incurred in the administration of the 
Copyright Royalty Judges program, with the exception of the costs 
of salaries and benefits for the Copyright Royalty Judges and staff 
under section 802(e). 
CONGRESSIONAL RESEARCH SERVICE 
SALARIES AND EXPENSES 
For all necessary expenses to carry out the provisions of section 
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) 
and to revise and extend the Annotated Constitution of the United 
States of America, $106,790,000: Provided, That no part of such 
amount may be used to pay any salary or expense in connection 
with any publication, or preparation of material therefor (except 
the Digest of Public General Bills), to be issued by the Library 
of Congress unless such publication has obtained prior approval 
of either the Committee on House Administration of the House 
of Representatives or the Committee on Rules and Administration 
of the Senate. 
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125 STAT. 1131 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 phys-
ically 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 sec-
tion 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 sub-
section (a). 
FUNDS AVAILABLE FOR WORKERS COMPENSATION PAYMENTS 
SEC. 1303. (a) IN GENERAL.—Available balances of expired 
Library of Congress appropriations shall be available to the Library 
of Congress to make the deposit to the credit of the Employees’ 
Compensation Fund required by subsection 8147(b) of title 5, United 
States Code. 
(b) EFFECTIVE DATE.—This section shall apply with respect 
to appropriations for fiscal year 2012 and each fiscal year thereafter. 
2 USC 143d. 
Contracts. 
Newspapers. 
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125 STAT. 1132 
PUBLIC LAW 112–74—DEC. 23, 2011 
PERMITTING USE OF PROCEEDS FROM DISPOSITION OF SURPLUS OR 
OBSOLETE PERSONAL PROPERTY 
SEC. 1304. (a) DISPOSITION OF PROPERTY.—Within the limits 
of available appropriations, the Librarian of Congress may dispose 
of surplus or obsolete personal property of the Library of Congress 
by interagency transfer, donation, sale, trade-in, or other appro-
priate 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 Congres-
sional 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 avail-
able 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 begin-
ning 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 pre-
ceding fiscal years may be transferred to the Government Printing 
Office revolving fund for carrying out the purposes of this heading, 
subject to the approval of the Committees on Appropriations of 
the House of Representatives and Senate: Provided further, That 
notwithstanding sections 901, 902, and 906 of title 44, United 
States Code, this appropriation may be used to prepare indexes 
to the Congressional Record on only a monthly and session basis. 
Time period. 
2 USC 149a. 
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125 STAT. 1133 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Con-
gress, 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 fur-
ther, 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 nec-
essary to carry out the provisions of title 44, United States Code: 
Provided further, That the revolving fund shall be available for 
temporary or intermittent services under section 3109(b) of title 
5, United States Code, but at rates for individuals not more than 
the daily equivalent of the annual rate of basic pay for level V 
of the Executive Schedule under section 5316 of such title: Provided 
further, That activities financed through the revolving fund may 
provide information in any format: Provided further, That the 
revolving fund and the funds provided under the headings ‘‘Office 
of Superintendent of Documents’’ and ‘‘Salaries and Expenses’’ may 
not be used for contracted security services at GPO’s passport 
facility in the District of Columbia. 
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125 STAT. 1134 
PUBLIC LAW 112–74—DEC. 23, 2011 
GOVERNMENT ACCOUNTABILITY OFFICE 
SALARIES AND EXPENSES 
For necessary expenses of the Government Accountability 
Office, including not more than $12,500 to be expended on the 
certification of the Comptroller General of the United States in 
connection with official representation and reception expenses; tem-
porary 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 coun-
tries 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 limita-
tion: 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 deter-
mined by the respective Forum, including necessary travel expenses 
of non-Federal participants: Provided further, That payments here-
under 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 Appropria-
tions 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 Govern-
ment Accountability Office’’. 
(b) Section 3521(1) of title 5, United States Code, is amended 
by striking ‘‘section 105’’ and inserting ‘‘section 105 (other than 
the Government Accountability Office)’’. 
(c) The amendments made by this section shall apply with 
respect to voluntary separation incentive payments made during 
fiscal year 2012 or any succeeding fiscal year. 
OPEN WORLD LEADERSHIP CENTER TRUST FUND 
For a payment to the Open World Leadership Center Trust 
Fund for financing activities of the Open World Leadership Center 
under section 313 of the Legislative Branch Appropriations Act, 
2001 (2 U.S.C. 1151), $10,000,000. 
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING 
AND DEVELOPMENT 
For payment to the John C. Stennis Center for Public Service 
Development Trust Fund established under section 116 of the John 
Applicability. 
2 USC 60q note. 
Regulations. 
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125 STAT. 1135 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Represent-
atives 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 specifi-
cally established by the Legislative Pay Act of 1929 (46 Stat. 32 
et seq.) is appropriated for or the rate of compensation or designa-
tion 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 commit-
tees of the Senate and House of Representatives, and clerk hire 
for Senators and Members of the House of Representatives shall 
be the permanent law with respect thereto. 
CONSULTING SERVICES 
SEC. 204. The expenditure of any appropriation under this 
Act for any consulting service through procurement contract, under 
section 3109 of title 5, United States Code, shall be limited to 
those contracts where such expenditures are a matter of public 
record and available for public inspection, except where otherwise 
provided under existing law, or under existing Executive order 
issued under existing law. 
AWARDS AND SETTLEMENTS 
SEC. 205. Such sums as may be necessary are appropriated 
to the account described in subsection (a) of section 415 of the 
Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to pay 
awards and settlements as authorized under such subsection. 
COSTS OF LBFMC 
SEC. 206. Amounts available for administrative expenses of 
any legislative branch entity which participates in the Legislative 
Branch Financial Managers Council (LBFMC) established by 
Contracts. 
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125 STAT. 1136 
PUBLIC LAW 112–74—DEC. 23, 2011 
charter on March 26, 1996, shall be available to finance an appro-
priate 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 appro-
priation 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 Represent-
atives 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 Rep-
resentatives to make any payments from any Members’ Representa-
tional Allowance for the leasing of a vehicle, excluding mobile 
district offices, in an aggregate amount that exceeds $1,000 for 
the vehicle in any month. 
This division may be cited as the ‘‘Legislative Branch Appro-
priations Act, 2012’’. 
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125 STAT. 1137 
PUBLIC LAW 112–74—DEC. 23, 2011 
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, facili-
ties, 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 Con-
gress 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 avail-
able 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, facili-
ties, and real property for the Air Force as currently authorized 
by law, $1,227,058,000, to remain available until September 30, 
2016: Provided, That of this amount, not to exceed $81,913,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary of 
Air Force determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropriations of 
both Houses of Congress of the determination and the reasons 
therefor. 
Determination. 
Notification. 
Determination. 
Notification. 
Determination. 
Notification. 
Military 
Construction and 
Veterans Affairs, 
and Related 
Agencies 
Appropriations 
Act, 2012. 
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125 STAT. 1138 
PUBLIC LAW 112–74—DEC. 23, 2011 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of 
Defense (other than the military departments), as currently author-
ized 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 des-
ignate, 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 appro-
priated, 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 Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion 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 rec-
ommendations 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 appro-
priated, 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 Con-
gress of the determination and the reasons therefor. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Air National Guard, and contributions therefor, as authorized by 
Determination. 
Notification. 
Contracts. 
Germany. 
Plans. 
Certification. 
Determination. 
Notification. 
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125 STAT. 1139 
PUBLIC LAW 112–74—DEC. 23, 2011 
chapter 1803 of title 10, United States Code, and Military Construc-
tion 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: Pro-
vided, 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 appro-
priated, not to exceed $2,591,000 shall be available for study, plan-
ning, 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 Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion 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: Pro-
vided, 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 nec-
essary for such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of the determination and the 
reasons therefor. 
Determination. 
Notification. 
Determination. 
Notification. 
Determination. 
Notification. 
Determination. 
Notification. 
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125 STAT. 1140 
PUBLIC LAW 112–74—DEC. 23, 2011 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisi-
tion 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 avail-
able 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 construc-
tion, 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 construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion, 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 construc-
tion, principal and interest charges, and insurance premiums, as 
authorized by law, $429,523,000. 
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125 STAT. 1141 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Metro-
politan Development Act of 1966, (42 U.S.C. 3374), as amended. 
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE 
For expenses of construction, not otherwise provided for, nec-
essary 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 author-
ized 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 Appro-
priations of both Houses of Congress 14 days prior to obligating 
an amount for a construction project that exceeds or reduces the 
amount identified for that project in the most recently submitted 
Notification. 
Deadline. 
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125 STAT. 1142 
PUBLIC LAW 112–74—DEC. 23, 2011 
budget request for this account by 20 percent or $2,000,000, which-
ever 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 per-
formed 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 appropria-
tions for military construction. 
SEC. 107. None of the funds made available in this title for 
minor construction may be used to transfer or relocate any activity 
from one base or installation to another, without prior notification 
to the Committees on Appropriations of both Houses of Congress. 
SEC. 108. None of the funds made available in this title may 
be used for the procurement of steel for any construction project 
or activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for 
such steel procurement. 
SEC. 109. None of the funds available to the Department of 
Defense for military construction or family housing during the 
current fiscal year may be used to pay real property taxes in 
any foreign nation. 
SEC. 110. None of the funds made available in this title may 
be used to initiate a new installation overseas without prior notifica-
tion to the Committees on Appropriations of both Houses of Con-
gress. 
Notification. 
Steel. 
Notification. 
Certification. 
Contracts. 
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125 STAT. 1143 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 posses-
sions in the Pacific and on Kwajalein Atoll, or in countries bordering 
the Arabian Sea, may be used to award any contract estimated 
by the Government to exceed $1,000,000 to a foreign contractor: 
Provided, That this section shall not be applicable to contract 
awards for which the lowest responsive and responsible bid of 
a United States contractor exceeds the lowest responsive and 
responsible bid of a foreign contractor by greater than 20 percent: 
Provided further, That this section shall not apply to contract 
awards for military construction on Kwajalein Atoll for which the 
lowest responsive and responsible bid is submitted by a Marshallese 
contractor. 
SEC. 113. The Secretary of Defense shall inform the appropriate 
committees of both Houses of Congress, including the Committees 
on Appropriations, of plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary 
or permanent, are anticipated to exceed $100,000. 
SEC. 114. Not more than 20 percent of the funds made available 
in this title which are limited for obligation during the current 
fiscal year shall be obligated during the last 2 months of the 
fiscal year. 
SEC. 115. Funds appropriated to the Department of Defense 
for construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress. 
SEC. 116. For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed 
for obligation, expired or lapsed funds may be used to pay the 
cost of associated supervision, inspection, overhead, engineering 
and design on those projects and on subsequent claims, if any. 
SEC. 117. Notwithstanding any other provision of law, any 
funds made available to a military department or defense agency 
for the construction of military projects may be obligated for a 
military construction project or contract, or for any portion of such 
a project or contract, at any time before the end of the fourth 
fiscal year after the fiscal year for which funds for such project 
were made available, if the funds obligated for such project: (1) 
are obligated from funds available for military construction projects; 
and (2) do not exceed the amount appropriated for such project, 
plus any amount by which the cost of such project is increased 
pursuant to law. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 118. In addition to any other transfer authority available 
to the Department of Defense, proceeds deposited to the Department 
of Defense Base Closure Account established by section 207(a)(1) 
of the Defense Authorization Amendments and Base Closure and 
Notification. 
Military exercise. 
Deadline. 
Contracts. 
Kwajalein Atoll. 
Contracts. 
Japan. 
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125 STAT. 1144 
PUBLIC LAW 112–74—DEC. 23, 2011 
Realignment Act (10 U.S.C. 2687 note) pursuant to section 
207(a)(2)(C) of such Act, may be transferred to the account estab-
lished 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 Improve-
ment 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 sup-
porting 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 mainte-
nance of all family housing units, including general or flag officer 
quarters: Provided, That not more than $35,000 per unit may 
be spent annually for the maintenance and repair of any general 
or flag officer quarters without 30 days prior notification, or 14 
days for a notification provided in an electronic medium pursuant 
to sections 480 and 2883 of title 10, United States Code, to the 
Committees on Appropriations of both Houses of Congress, except 
that an after-the-fact notification shall be submitted if the limitation 
is exceeded solely due to costs associated with environmental 
Notification. 
10 USC 2821 
note. 
Deadline. 
Notification. 
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125 STAT. 1145 
PUBLIC LAW 112–74—DEC. 23, 2011 
remediation that could not be reasonably anticipated at the time 
of the budget submission: Provided further, That the Under Sec-
retary of Defense (Comptroller) is to report annually to the Commit-
tees 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 avail-
able in this Act to the Department of Defense for military construc-
tion and family housing operation and maintenance and construc-
tion have expired for obligation, upon a determination that such 
appropriations will not be necessary for the liquidation of obligations 
or for making authorized adjustments to such appropriations for 
obligations incurred during the period of availability of such appro-
priations, unobligated balances of such appropriations may be trans-
ferred 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 appro-
priation to which transferred. 
Time period. 
Determination. 
Notification. 
Deadline. 
Certification. 
Notification. 
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125 STAT. 1146 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 125. Amounts appropriated or otherwise made available 
in an account funded under the headings in this title may be 
transferred among projects and activities within the account in 
accordance with the reprogramming guidelines for military 
construction and family housing construction contained in Depart-
ment 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 demilitariza-
tion 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 environ-
mental 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 Depart-
ment of Defense and the Virginia Department of Transportation 
agree on the number of additional parking spaces that may be 
made available to employees of the facility subject to continued 
90-day traffic monitoring; and (3) the Secretary of Defense notifies 
the congressional defense committees in writing at least 14 days 
prior to exercising this waiver of the number of additional parking 
spaces to be made available: Provided further, That the Secretary 
of Defense shall implement the Department of Defense Inspector 
General recommendations outlined in report number DODIG–2012– 
024, and certify to Congress not later than 180 days after enactment 
of this Act that the recommendations have been implemented. 
SEC. 128. None of the funds appropriated or otherwise made 
available by this title may be obligated or expended for a permanent 
United States Africa Command headquarters outside of the United 
States until the Secretary of Defense provides the congressional 
defense committees an analysis of all military construction costs 
associated with establishing a permanent location overseas versus 
in the United States. 
SEC. 129. None of the funds made available by this Act may 
be used for any action that relates to or promotes the expansion 
Colorado. 
Reports. 
Certification. 
Deadline. 
Waiver authority. 
Certification. 
Notification. 
Deadline. 
Oregon. 
Deadline. 
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125 STAT. 1147 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 per-
formed by any other unit in the Army and is specifically stipu-
lated 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, proce-
dures, 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 appro-
priations 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 ter-
rorism 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 author-
ized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 
of title 38, United States Code; pension benefits to or on behalf 
of veterans as authorized by chapters 15, 51, 53, 55, and 61 of 
title 38, United States Code; and burial benefits, the Reinstated 
Entitlement Program for Survivors, emergency and other officers’ 
retirement pay, adjusted-service credits and certificates, payment 
Certification. 
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125 STAT. 1148 
PUBLIC LAW 112–74—DEC. 23, 2011 
of premiums due on commercial life insurance policies guaranteed 
under the provisions of title IV of the Servicemembers Civil Relief 
Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized 
by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 
55, and 61 of title 38, United States Code, $51,237,567,000, to 
remain available until expended: Provided, That not to exceed 
$32,187,000 of the amount appropriated under this heading shall 
be reimbursed to ‘‘General operating expenses, Veterans Benefits 
Administration’’, ‘‘Medical support and compliance’’, and ‘‘Informa-
tion 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: Pro-
vided, That expenses for rehabilitation program services and assist-
ance 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 insur-
ance, 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 sub-
chapters I through III of chapter 37 of title 38, United States 
Code: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974: Provided further, That during fiscal year 2012, 
within the resources available, not to exceed $500,000 in gross 
obligations for direct loans are authorized for specially adapted 
housing loans. 
In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $154,698,000. 
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT 
For the cost of direct loans, $19,000, as authorized by chapter 
31 of title 38, United States Code: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Provided 
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125 STAT. 1149 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 pro-
gram 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 sec-
tion 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 Sec-
retary of Veterans Affairs shall give priority funding for the provi-
sion 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 Depart-
ment of Veterans Affairs. 
MEDICAL SUPPORT AND COMPLIANCE 
For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and 
research activities, as authorized by law; administrative expenses 
in support of capital policy activities; and administrative and legal 
expenses of the Department for collecting and recovering amounts 
owed the Department as authorized under chapter 17 of title 38, 
United States Code, and the Federal Medical Care Recovery Act 
Drugs and drug 
abuse. 
Requirements. 
Priorities. 
Priorities. 
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125 STAT. 1150 
PUBLIC LAW 112–74—DEC. 23, 2011 
(42 U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, shall 
become available on October 1, 2012, and shall remain available 
until September 30, 2013. 
MEDICAL FACILITIES 
For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, domiciliary facilities, and other necessary 
facilities of the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction, and renovation 
of any facility under the jurisdiction or for the use of the Depart-
ment; for oversight, engineering, and architectural activities not 
charged to project costs; for repairing, altering, improving, or pro-
viding facilities in the several hospitals and homes under the juris-
diction 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 reimburse-
ments, shall remain available until September 30, 2013. 
NATIONAL CEMETERY ADMINISTRATION 
For necessary expenses of the National Cemetery Administra-
tion 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 Commit-
tees on Appropriations of both Houses of Congress a detailed 
strategy to serve the burial needs of veterans residing in rural 
and highly rural areas: Provided further, That the report shall 
include a timeline for implementation of such strategy and cost 
estimates of establishing new burial sites in at least five rural 
or highly rural locations. 
DEPARTMENTAL ADMINISTRATION 
GENERAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For necessary operating expenses of the Department of Vet-
erans Affairs, not otherwise provided for, including administrative 
Cost estimates. 
Reports. 
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125 STAT. 1151 
PUBLIC LAW 112–74—DEC. 23, 2011 
expenses in support of Department-Wide capital planning, manage-
ment 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, Vet-
erans Benefits Administration’’. 
GENERAL OPERATING EXPENSES, VETERANS BENEFITS 
ADMINISTRATION 
For necessary operating expenses of the Veterans Benefits 
Administration, not otherwise provided for, including hire of pas-
senger 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 max-
imum 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 Administra-
tion 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 oper-
ations 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: Pro-
vided further, That $1,616,018,000 shall be for operations and 
maintenance, of which not to exceed $110,000,000 shall remain 
available until September 30, 2013: Provided further, That 
$580,358,000 shall be for information technology systems develop-
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 Depart-
ment of Veterans Affairs enterprise architecture; (3) conforms with 
Expenditure 
plan. 
Determination. 
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125 STAT. 1152 
PUBLIC LAW 112–74—DEC. 23, 2011 
an established enterprise life cycle methodology; and (4) complies 
with the acquisition rules, requirements, guidelines, and systems 
acquisition management practices of the Federal Government: Pro-
vided further, That amounts made available for information tech-
nology 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, mod-
ernization, and enhancement, shall be for the projects, and in 
the amounts, specified under this heading in the Joint Explanatory 
Statement of the Committee of Conference. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of 
the Inspector General Act of 1978 (5 U.S.C. App.), $112,391,000, 
of which $6,000,000 shall remain available until September 30, 
2013. 
CONSTRUCTION, MAJOR PROJECTS 
For constructing, altering, extending, and improving any of 
the facilities, including parking projects, under the jurisdiction or 
for the use of the Department of Veterans Affairs, or for any 
of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 
8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, 
including 
planning, 
architectural 
and 
engineering 
services, 
construction management services, maintenance or guarantee 
period services costs associated with equipment guarantees provided 
under the project, services of claims analysts, offsite utility and 
storm drainage system construction costs, and site acquisition, 
where the estimated cost of a project is more than the amount 
set forth in section 8104(a)(3)(A) of title 38, United States Code, 
or where funds for a project were made available in a previous 
major project appropriation, $589,604,000, to remain available until 
expended, of which $5,000,000 shall be to make reimbursements 
as provided in section 13 of the Contract Disputes Act of 1978 
(41 U.S.C. 612) for claims paid for contract disputes: Provided, 
That except for advance planning activities, including needs assess-
ments which may or may not lead to capital investments, and 
other capital asset management related activities, including port-
folio 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 engi-
neers who oversee those capital investments funded through this 
Certification. 
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125 STAT. 1153 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 plan-
ning and assessments of needs which may lead to capital invest-
ments, architectural and engineering services, maintenance or guar-
antee period services costs associated with equipment guarantees 
provided under the project, services of claims analysts, offsite utility 
and storm drainage system construction costs, and site acquisition, 
or for any of the purposes set forth in sections 316, 2404, 2406, 
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, 
United States Code, where the estimated cost of a project is equal 
to or less than the amount set forth in section 8104(a)(3)(A) of 
title 38, United States Code, $482,386,000, to remain available 
until expended, along with unobligated balances of previous 
‘‘Construction, minor projects’’ appropriations which are hereby 
made available for any project where the estimated cost is equal 
to or less than the amount set forth in such section: Provided, 
That funds made available under this heading shall be for: (1) 
repairs to any of the nonmedical facilities under the jurisdiction 
or for the use of the Department which are necessary because 
of loss or damage caused by any natural disaster or catastrophe; 
and (2) temporary measures necessary to prevent or to minimize 
further loss by such causes. 
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES 
For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 
8131 through 8137 of title 38, United States Code, $85,000,000, 
to remain available until expended. 
GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES 
For grants to assist States and tribal governments in estab-
lishing, expanding, or improving veterans cemeteries as authorized 
by section 2408 of title 38, United States Code, $46,000,000, to 
remain available until expended. 
Reports. 
Contracts. 
Deadlines. 
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125 STAT. 1154 
PUBLIC LAW 112–74—DEC. 23, 2011 
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 201. Any appropriation for fiscal year 2012 for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance 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 Vet-
erans 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 serv-
ices’’ 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 appropria-
tions for ‘‘Construction, major projects’’, and ‘‘Construction, minor 
projects’’) shall be available for the purchase of any site for or 
toward the construction of any new hospital or home. 
SEC. 205. No appropriations in this title shall be available 
for hospitalization or examination of any persons (except bene-
ficiaries 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 Emer-
gency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimburse-
ment of the cost of such hospitalization or examination is made 
to the ‘‘Medical services’’ account at such rates as may be fixed 
by the Secretary of Veterans Affairs. 
Authority 
request. 
Authority 
request. 
Notification. 
Authority 
request. 
Time period. 
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125 STAT. 1155 
PUBLIC LAW 112–74—DEC. 23, 2011 
SEC. 206. Appropriations available in this title for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance 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 appropria-
tions 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 ‘‘Com-
pensation 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 tech-
nology systems’’ accounts for the cost of administration of the insur-
ance 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 accumu-
lated in that program, reimbursement shall be made only to the 
extent of such surplus earnings: Provided further, That the Sec-
retary shall determine the cost of administration for fiscal year 
2012 which is properly allocable to the provision of each such 
insurance program and to the provision of any total disability 
income insurance included in that insurance program. 
SEC. 209. Amounts deducted from enhanced-use lease proceeds 
to reimburse an account for expenses incurred by that account 
during a prior fiscal year for providing enhanced-use lease services, 
may be obligated during the fiscal year in which the proceeds 
are received. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 210. Funds available in this title or funds for salaries 
and other administrative expenses shall also be available to 
reimburse the Office of Resolution Management of the Department 
of Veterans Affairs and the Office of Employment Discrimination 
Complaint Adjudication under section 319 of title 38, United States 
Code, for all services provided at rates which will recover actual 
costs but not exceed $42,904,000 for the Office of Resolution 
Management and $3,360,000 for the Office of Employment and 
Discrimination Complaint Adjudication: Provided, That payments 
may be made in advance for services to be furnished based on 
estimated costs: Provided further, That amounts received shall be 
Determination. 
Reimbursement. 
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125 STAT. 1156 
PUBLIC LAW 112–74—DEC. 23, 2011 
credited to the ‘‘General administration’’ and ‘‘Information tech-
nology 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 sec-
tion 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 informa-
tion 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 ‘‘Construc-
tion, major projects’’ and ‘‘Construction, minor projects’’. 
SEC. 214. Amounts made available under ‘‘Medical services’’ 
are available— 
(1) for furnishing recreational facilities, supplies, and equip-
ment; and 
(2) for funeral expenses, burial expenses, and other 
expenses incidental to funerals and burials for beneficiaries 
receiving care in the Department. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 215. Such sums as may be deposited to the Medical 
Care Collections Fund pursuant to section 1729A of title 38, United 
States Code, may be transferred to ‘‘Medical services’’, to remain 
available until expended for the purposes of that account. 
SEC. 216. The Secretary of Veterans Affairs may enter into 
agreements with Indian tribes and tribal organizations which are 
party to the Alaska Native Health Compact with the Indian Health 
Service, and Indian tribes and tribal organizations serving rural 
Alaska which have entered into contracts with the Indian Health 
Service under the Indian Self Determination and Educational 
Assistance Act, to provide healthcare, including behavioral health 
and dental care. The Secretary shall require participating veterans 
and facilities to comply with all appropriate rules and regulations, 
Requirements. 
Regulations. 
Native 
Americans. 
Contracts. 
Reports. 
Deadline. 
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125 STAT. 1157 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 bound-
aries 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 ‘‘Construc-
tion, 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 Net-
works. 
SEC. 219. The Secretary of Veterans Affairs shall submit to 
the Committees on Appropriations of both Houses of Congress a 
quarterly report on the financial status of the Veterans Health 
Administration. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 220. Amounts made available under the ‘‘Medical services’’, 
‘‘Medical support and compliance’’, ‘‘Medical facilities’’, ‘‘General 
operating expenses, Veterans Benefits Administration’’, ‘‘General 
administration’’, and ‘‘National Cemetery Administration’’ accounts 
for fiscal year 2012, may be transferred to or from the ‘‘Information 
technology systems’’ account: Provided, That before a transfer may 
take place, the Secretary of Veterans Affairs shall request from 
the Committees on Appropriations of both Houses of Congress the 
authority to make the transfer and an approval is issued. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 221. Amounts made available for the ‘‘Information tech-
nology systems’’ account for development, modernization, and 
enhancement may be transferred between projects or to newly 
defined projects: Provided, That no project may be increased or 
decreased by more than $1,000,000 of cost prior to submitting 
a request to the Committees on Appropriations of both Houses 
of Congress to make the transfer and an approval is issued, or 
absent a response, a period of 30 days has elapsed. 
SEC. 222. None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Vet-
erans 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 Inde-
pendent Agencies Appropriations Act, 2006 (Public Law 109–115; 
Authority 
request. 
Time period. 
Authority 
request. 
Deadlines. 
Reports. 
Definition. 
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125 STAT. 1158 
PUBLIC LAW 112–74—DEC. 23, 2011 
119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States 
Code. 
SEC. 223. Of the amounts made available to the Department 
of Veterans Affairs for fiscal year 2012, in this Act or any other 
Act, under the ‘‘Medical facilities’’ account for nonrecurring mainte-
nance, 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’’, ‘‘Med-
ical 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 Dem-
onstration Fund upon written notification by the Secretary of Vet-
erans Affairs to the Committees on Appropriations of both Houses 
of Congress. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 225. Such sums as may be deposited to the Medical 
Care Collections Fund pursuant to section 1729A of title 38, United 
States Code, for health care provided at facilities designated as 
combined Federal medical facilities as described by section 706 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4500) shall also be 
available: (1) for transfer to the Joint Department of Defense- 
Department of Veterans Affairs Medical Facility Demonstration 
Fund, established by section 1704 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 3571); and (2) for operations of the facilities designated as 
combined Federal medical facilities as described by section 706 
of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110–417; 122 Stat. 4500). 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 226. Of the amounts available in this title for ‘‘Medical 
services’’, ‘‘Medical support and compliance’’, and ‘‘Medical facili-
ties’’, a minimum of $15,000,000, shall be transferred to the DOD- 
VA Health Care Sharing Incentive Fund, as authorized by section 
8111(d) of title 38, United States Code, to remain available until 
expended, for any purpose authorized by section 8111 of title 38, 
United States Code. 
Notification. 
Waiver authority. 
Notice. 
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125 STAT. 1159 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 fol-
lowing 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 ‘‘Construc-
tion, 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 Sec-
retary may disclose information about a veteran or the dependent 
of a veteran to a State controlled substance monitoring program, 
including a program approved by the Secretary of Health and 
Human Services under section 399O of the Public Health Service 
Act (42 U.S.C. 280g–3), to the extent necessary to prevent misuse 
and diversion of prescription medicines.’’. 
(b) EXCEPTION WITH RESPECT TO CONFIDENTIALITY OF CERTAIN 
MEDICAL RECORDS.—Section 7332(b)(2) of title 38, United States 
Code, is amended by adding at the end the following new subpara-
graph: 
‘‘(G) To a State controlled substance monitoring pro-
gram, including a program approved by the Secretary of 
Health and Human Services under section 399O of the 
Public Health Service Act (42 U.S.C. 280g–3), to the extent 
necessary to prevent misuse and diversion of prescription 
medicines.’’. 
SEC. 231. The Secretary of Veterans Affairs shall provide on 
a quarterly basis to the Committees on Appropriations of both 
Deadlines. 
Reports. 
Regulations. 
Notifications. 
Contracts. 
Deadlines. 
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125 STAT. 1160 
PUBLIC LAW 112–74—DEC. 23, 2011 
Houses of Congress notification of any single national outreach 
and awareness marketing campaign in which obligations exceed 
$2,000,000. The first report shall be submitted no later than April 
15, 2012. 
SEC. 232. None of the funds made available by this Act may 
be used to declare as excess to the needs of the Department of 
Veterans Affairs or otherwise take any action to exchange, trade, 
auction, transfer, or otherwise dispose of, or reduce the acreage 
of, Federal land and improvements at the St. Albans campus, con-
sisting 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 avail-
able 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 monu-
ments outside of the United States and its territories and posses-
sions; 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 representa-
tion expenses; and insurance of official motor vehicles in foreign 
countries, when required by law of such countries, $61,100,000, 
to remain available until expended. 
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT 
For necessary expenses, not otherwise provided for, of the 
American Battle Monuments Commission, such sums as may be 
necessary, to remain available until expended, for purposes author-
ized by section 2109 of title 36, United States Code. 
Contracts. 
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125 STAT. 1161 
PUBLIC LAW 112–74—DEC. 23, 2011 
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 
SALARIES AND EXPENSES 
For necessary expenses for the operation of the United States 
Court of Appeals for Veterans Claims as authorized by sections 
7251 through 7298 of title 38, United States Code, $30,770,000: 
Provided, That $2,726,323 shall be available for the purpose of 
providing financial assistance as described, and in accordance with 
the process and reporting procedures set forth, under this heading 
in Public Law 102–229. 
DEPARTMENT OF DEFENSE—CIVIL 
CEMETERIAL EXPENSES, ARMY 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and 
Soldiers’ and Airmen’s Home National Cemetery, including the 
purchase or lease of passenger motor vehicles for replacement on 
a one-for-one basis only, and not to exceed $1,000 for official recep-
tion and representation expenses, $45,800,000, to remain available 
until expended. In addition, such sums as may be necessary for 
parking maintenance, repairs and replacement, to be derived from 
the ‘‘Lease of Department of Defense Real Property for Defense 
Agencies’’ account. 
Funds appropriated under this Act may be provided to 
Arlington County, Virginia, for the relocation of the federally owned 
water main at Arlington National Cemetery making additional land 
available for ground burials. 
ARMED FORCES RETIREMENT HOME 
TRUST FUND 
For expenses necessary for the Armed Forces Retirement Home 
to operate and maintain the Armed Forces Retirement Home— 
Washington, District of Columbia, and the Armed Forces Retirement 
Home—Gulfport, Mississippi, to be paid from funds available in 
the Armed Forces Retirement Home Trust Fund, $67,700,000, of 
which $2,000,000 shall remain available until expended for 
construction and renovation of the physical plants at the Armed 
Forces Retirement Home—Washington, District of Columbia, and 
the Armed Forces Retirement Home—Gulfport, Mississippi. 
GENERAL FUND PAYMENT, ARMED FORCES RETIREMENT HOME 
For payment to the ‘‘Armed Forces Retirement Home’’, 
$14,630,000, to remain available until expended, for expenses nec-
essary to mitigate structural damage sustained to buildings on 
the Armed Forces Retirement Home—Washington, District of 
Columbia, campus as a result of the August 2011 earthquake. 
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125 STAT. 1162 
PUBLIC LAW 112–74—DEC. 23, 2011 
TITLE IV 
OVERSEAS CONTINGENCY OPERATIONS 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For an additional amount for ‘‘Military Construction, Army’’, 
$80,000,000, to remain available until September 30, 2012: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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 Sep-
tember 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: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985. 
TITLE V 
GENERAL PROVISIONS 
SEC. 501. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein. 
SEC. 502. None of the funds made available in this Act may 
be used for any program, project, or activity, when it is made 
known to the Federal entity or official to which the funds are 
made available that the program, project, or activity is not in 
compliance with any Federal law relating to risk assessment, the 
protection of private property rights, or unfunded mandates. 
SEC. 503. Such sums as may be necessary for fiscal year 2012 
for pay raises for programs funded by this Act shall be absorbed 
within the levels appropriated in this Act. 
SEC. 504. No part of any funds appropriated in this Act shall 
be used by an agency of the executive branch, other than for 
normal and recognized executive-legislative relationships, for pub-
licity or propaganda purposes, and for the preparation, distribution, 
or use of any kit, pamphlet, booklet, publication, radio, television, 
or film presentation designed to support or defeat legislation 
pending before Congress, except in presentation to Congress itself. 
Lobbying. 
Pay raises. 
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125 STAT. 1163 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 prac-
tices 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 appropria-
tions 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 informa-
tion. 
(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 nec-
essary for any Federal, State, tribal, or local law enforcement agency 
or any other entity carrying out criminal investigations, prosecution, 
or adjudication activities. 
SEC. 511. (a) IN GENERAL.—None of the funds appropriated 
or otherwise made available to the Department of Defense in this 
Act may be used to construct, renovate, or expand any facility 
in the United States, its territories, or possessions to house any 
individual detained at United States Naval Station, Guantanamo 
Bay, Cuba, for the purposes of detention or imprisonment in the 
custody or under the control of the Department of Defense. 
(b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guanta-
namo Bay, Cuba. 
(c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who— 
(1) is not a citizen of the United States or a member 
of the Armed Forces of the United States; and 
Detainees. 
Cuba. 
Time period. 
Web posting. 
Public 
information. 
Reports. 
Submissions. 
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125 STAT. 1164 
PUBLIC LAW 112–74—DEC. 23, 2011 
(2) is— 
(A) in the custody or under the effective control of 
the Department of Defense; or 
(B) otherwise under detention at United States Naval 
Station, Guantanamo Bay, Cuba. 
SEC. 512. None of the funds appropriated or otherwise made 
available in this Act may be used by an agency of the executive 
branch to pay for first-class travel by an employee of the agency 
in contravention of sections 301–10.122 through 301–10.124 of title 
41, Code of Federal Regulations. 
SEC. 513. None of the funds provided in this Act may be 
used to execute a contract for goods or services, including construc-
tion 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 corpora-
tion 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 OPER-
ATIONS, AND RELATED PROGRAMS APPROPRIATIONS 
ACT, 2012 
TITLE I 
DEPARTMENT OF STATE AND RELATED AGENCY 
DEPARTMENT OF STATE 
ADMINISTRATION OF FOREIGN AFFAIRS 
DIPLOMATIC AND CONSULAR PROGRAMS 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses of the Department of State and the 
Foreign Service not otherwise provided for, $6,550,947,000, of which 
up to $1,355,000,000 is for Worldwide Security Protection (to remain 
available until expended): Provided, That funds made available 
under this heading shall be allocated as follows: 
(1) HUMAN
RESOURCES.—For necessary expenses for 
training, human resources management, and salaries, including 
employment without regard to civil service and classification 
laws of persons on a temporary basis (not to exceed $700,000), 
as authorized by section 801 of the United States Information 
and Educational Exchange Act of 1948, $2,277,862,000, to 
remain available until September 30, 2013, of which not less 
than $121,814,000 shall be available only for public diplomacy 
American salaries, and up to $203,800,000 is for Worldwide 
Security Protection and shall remain available until expended. 
Department of 
State, Foreign 
Operations, and 
Related 
Programs 
Appropriations 
Act, 2012. 
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125 STAT. 1165 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 avail-
able until September 30, 2013, of which not less than 
$347,572,000 shall be available only for public diplomacy inter-
national 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 author-
ized, $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 Sep-
tember 30, 2013, of which up to $1,151,200,000 is for Worldwide 
Security Protection and shall remain available until expended. 
(5) FEES
AND
PAYMENTS
COLLECTED.—In addition to 
amounts otherwise made available under this heading— 
(A) not to exceed $1,753,991 shall be derived from 
fees collected from other executive agencies for lease or 
use of facilities located at the International Center in 
accordance with section 4 of the International Center Act, 
and, in addition, as authorized by section 5 of such Act, 
$520,150, to be derived from the reserve authorized by 
that section, to be used for the purposes set out in that 
section; 
(B) as authorized by section 810 of the United States 
Information and Educational Exchange Act, not to exceed 
$5,000,000, to remain available until expended, may be 
credited to this appropriation from fees or other payments 
received from English teaching, library, motion pictures, 
and publication programs and from fees from educational 
advising and counseling and exchange visitor programs; 
and 
(C) not to exceed $15,000, which shall be derived from 
reimbursements, surcharges and fees for use of Blair House 
facilities. 
(6) TRANSFER, REPROGRAMMING, AND OTHER MATTERS.— 
(A) Notwithstanding any provision of this Act, funds 
may be reprogrammed within and between subsections 
under this heading subject to section 7015 of this Act; 
(B) Of the amount made available under this heading, 
not to exceed $10,000,000 may be transferred to, and 
merged with, funds made available by this Act under the 
heading ‘‘Emergencies in the Diplomatic and Consular 
Service’’, to be available only for emergency evacuations 
and rewards, as authorized; and 
(C) Funds appropriated under this heading are avail-
able for acquisition by exchange or purchase of passenger 
motor vehicles as authorized by law and, pursuant to 31 
U.S.C. 1108(g), for the field examination of programs and 
activities in the United States funded from any account 
contained in this title. 
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125 STAT. 1166 
PUBLIC LAW 112–74—DEC. 23, 2011 
(D) Of the amount made available under this heading, 
up to $6,000,000 may be transferred to, and merged with, 
funds made available by this Act under the heading 
‘‘Department of State, Administration of Foreign Affairs, 
Capital Investment Fund’’: Provided, That the transfer 
authority of this subparagraph is in addition to any other 
transfer authority available to the Secretary of State. 
(E)(i) The headings ‘‘Civilian Stabilization Initiative’’ 
in titles I and II of prior acts making appropriations for 
the Department of State, foreign operations, and related 
programs shall be renamed ‘‘Conflict Stabilization Oper-
ations’’. 
(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 Oper-
ations’’ 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 histori-
cally, artistically, or culturally significant, that the purpose 
of the project is neither to advance nor to inhibit the 
free exercise of religion, and that the project is in the 
national interest of the United States. 
CAPITAL INVESTMENT FUND 
For necessary expenses of the Capital Investment Fund, 
$59,380,000, to remain available until expended, as authorized: 
Provided, That section 135(e) of Public Law 103–236 shall not 
apply to funds available under this heading. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General, 
$61,904,000, notwithstanding section 209(a)(1) of the Foreign 
Service Act of 1980 (Public Law 96–465), as it relates to post 
inspections. 
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 
For expenses of educational and cultural exchange programs, 
as authorized, $583,200,000, to remain available until expended: 
Provided, That not to exceed $5,000,000, to remain available until 
expended, may be credited to this appropriation from fees or other 
payments received from or in connection with English teaching, 
educational advising and counseling programs, and exchange visitor 
programs as authorized. 
REPRESENTATION ALLOWANCES 
For representation allowances as authorized, $7,300,000. 
Historic 
preservation. 
Religion. 
Determination. 
Reports. 
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125 STAT. 1167 
PUBLIC LAW 112–74—DEC. 23, 2011 
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS 
For expenses, not otherwise provided, to enable the Secretary 
of State to provide for extraordinary protective services, as author-
ized, $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 acquisi-
tion 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 antici-
pated 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 Con-
sular 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 nec-
essary to carry out the direct loan program and may be paid 
to ‘‘Diplomatic and Consular Programs’’: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974. 
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN 
For necessary expenses to carry out the Taiwan Relations Act 
(Public Law 96–8), $21,108,000. 
Deadline. 
Submission. 
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125 STAT. 1168 
PUBLIC LAW 112–74—DEC. 23, 2011 
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY 
FUND 
For payment to the Foreign Service Retirement and Disability 
Fund, as authorized, $158,900,000. 
INTERNATIONAL ORGANIZATIONS 
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 
For necessary expenses, not otherwise provided for, to meet 
annual obligations of membership in international multilateral 
organizations, pursuant to treaties ratified pursuant to the advice 
and consent of the Senate, conventions or specific Acts of Congress, 
$1,449,700,000: Provided, That the Secretary of State shall, at 
the time of the submission of the President’s budget to Congress 
under section 1105(a) of title 31, United States Code, transmit 
to the Committees on Appropriations the most recent biennial 
budget prepared by the United Nations for the operations of the 
United Nations: Provided further, That the Secretary of State shall 
notify the Committees on Appropriations at least 15 days in advance 
(or in an emergency, as far in advance as is practicable) of any 
United Nations action to increase funding for any United Nations 
program without identifying an offsetting decrease elsewhere in 
the United Nations budget: Provided further, That the Secretary 
of State shall report to the Committees on Appropriations not 
later than May 1, 2012, on any credits available to the United 
States from the United Nations Tax Equalization Fund (TEF) and 
provide updated fiscal year 2013 assessment costs including offsets 
from available TEF credits and updated foreign currency exchange 
rates: Provided further, That any such credits shall only be available 
for United States assessed contributions to the United Nations 
and shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That any payment 
of arrearages under this heading shall be directed toward activities 
that are mutually agreed upon by the United States and the respec-
tive international organization: Provided further, That none of the 
funds appropriated under this heading shall be available for a 
United States contribution to an international organization for the 
United States share of interest costs made known to the United 
States Government by such organization for loans incurred on or 
after October 1, 1984, through external borrowings. 
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES 
For necessary expenses to pay assessed and other expenses 
of international peacekeeping activities directed to the maintenance 
or restoration of international peace and security, $1,828,182,000, 
of which 15 percent shall remain available until September 30, 
2013: Provided, That none of the funds made available by this 
Act shall be obligated or expended for any new or expanded United 
Nations peacekeeping mission unless, at least 15 days in advance 
of voting for the new or expanded mission in the United Nations 
Security Council (or in an emergency as far in advance as is 
practicable), the Committees on Appropriations are notified: (1) 
of the estimated cost and duration of the mission, the national 
interest that will be served, and the exit strategy; (2) that the 
United Nations has taken necessary measures to prevent United 
Deadline. 
Notification. 
Human 
trafficking. 
Web site. 
Notification. 
Reports. 
Deadline. 
Notification. 
Deadline. 
Budget. 
United Nations. 
22 USC 269a 
note. 
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125 STAT. 1169 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 recommenda-
tion 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 fur-
ther, 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 Appropria-
tions. 
INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows: 
22 USC 269a 
note. 
Notification. 
Reports. 
Deadline. 
Determination. 
Reports. 
Recommenda- 
tion. 
Human rights. 
Determination. 
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125 STAT. 1170 
PUBLIC LAW 112–74—DEC. 23, 2011 
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES 
AND MEXICO 
For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and 
Mexico, and to comply with laws applicable to the United States 
Section, including not to exceed $6,000 for representation; as fol-
lows: 
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 author-
ized. 
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS 
For necessary expenses, not otherwise provided, for the Inter-
national 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: Pro-
vided, 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 commu-
nication activities, and to make and supervise grants for radio 
and television broadcasting to the Middle East, $740,100,000: Pro-
vided, That funds appropriated under this heading shall be made 
available to expand unrestricted access to information on the Inter-
net through the development and use of circumvention and secure 
communication technologies: Provided further, That the circumven-
tion technologies and programs supported by such funds shall 
undergo a review, to include an assessment of protections against 
such technologies being used for illicit purposes: Provided further, 
That the BBG shall coordinate the development and use of such 
technologies with the Secretary of State, as appropriate: Provided 
further, That of the total amount appropriated under this heading, 
not to exceed $16,000 may be used for official receptions within 
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125 STAT. 1171 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Rela-
tions 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 Commit-
tees 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 pur-
poses. 
BROADCASTING CAPITAL IMPROVEMENTS 
For the purchase, rent, construction, and improvement of facili-
ties for radio and television transmission and reception, and pur-
chase and installation of necessary equipment for radio and tele-
vision 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 avail-
able until expended, as authorized. 
UNITED STATES INSTITUTE OF PEACE 
For necessary expenses of the United States Institute of Peace, 
as authorized by the United States Institute of Peace Act, 
$30,589,000, to remain available until September 30, 2013, which 
shall not be used for construction activities. 
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND 
For necessary expenses of the Center for Middle Eastern- 
Western Dialogue Trust Fund, as authorized by section 633 of 
the Departments of Commerce, Justice, and State, the Judiciary, 
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078), 
Notification. 
Notification. 
Deadline. 
22 USC 6206 
note. 
Extension date. 
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125 STAT. 1172 
PUBLIC LAW 112–74—DEC. 23, 2011 
the total amount of the interest and earnings accruing to such 
Fund on or before September 30, 2012, to remain available until 
expended. 
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM 
For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 
and earnings accruing to the Eisenhower Exchange Fellowship Pro-
gram Trust Fund on or before September 30, 2012, to remain 
available until expended: Provided, That none of the funds appro-
priated herein shall be used to pay any salary or other compensa-
tion, 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 Pro-
gram, 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 Endow-
ment 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 Endow-
ment for Democracy shall submit to the Committees on Appropria-
tions not later than 45 days after the date of enactment of this 
Act a report on the proposed uses of funds under this heading 
on a regional and country basis. 
Deadline. 
Reports. 
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125 STAT. 1173 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 ‘‘Sep-
tember 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 congres-
sional 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 Commis-
sion on the People’s Republic of China, as authorized by title III 
of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911–6919), 
$1,996,000, including not more than $3,000 for the purpose of 
official representation, to remain available until September 30, 
2013. 
Applicability. 
22 USC 6436 
note. 
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125 STAT. 1174 
PUBLIC LAW 112–74—DEC. 23, 2011 
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW 
COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the United States-China Economic 
and Security Review Commission, as authorized by section 1238 
of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (22 U.S.C. 7002), $3,493,000, including not more 
than $4,000 for the purpose of official representation, to remain 
available until September 30, 2013: Provided, That the authorities, 
requirements, limitations, and conditions contained in the second 
through sixth provisos under this heading in division F of Public 
Law 111–117 shall continue in effect during fiscal year 2012 and 
shall apply to funds appropriated under this heading as if included 
in this Act. 
TITLE II 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT 
FUNDS APPROPRIATED TO THE PRESIDENT 
OPERATING EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses to carry out the provisions of section 
667 of the Foreign Assistance Act of 1961, $1,092,300,000, to remain 
available until September 30, 2013, of which not less than 
$25,000,000 should be for costs associated with procurement reform: 
Provided, That none of the funds appropriated under this heading 
and under the heading ‘‘Capital Investment Fund’’ in this title 
may be made available to finance the construction (including 
architect and engineering services), purchase, or long-term lease 
of offices for use by the United States Agency for International 
Development (USAID), unless the USAID Administrator has identi-
fied such proposed use of funds in a report submitted to the Commit-
tees 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: Pro-
vided further, That any decision to open a new or reorganized 
USAID mission, bureau, center, or office or, except where there 
is a substantial security risk to mission personnel, to close or 
significantly reduce the number of personnel of any such mission 
or office, shall be subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That the 
authority of sections 610 and 109 of the Foreign Assistance Act 
of 1961 may be exercised by the Secretary of State to transfer 
funds appropriated to carry out chapter 1 of part I of such Act 
to ‘‘Operating Expenses’’ in accordance with the provisions of those 
sections: Provided further, That any reprogramming of funds in 
excess of $1,000,000 or 10 percent, whichever is less, to the cost 
categories in the table included under this heading in the joint 
Notification. 
Notification. 
Contracts. 
Reports. 
Deadline. 
Extension date. 
Applicability. 
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125 STAT. 1175 
PUBLIC LAW 112–74—DEC. 23, 2011 
explanatory statement accompanying this Act for funds appro-
priated under this heading, shall be subject to the regular notifica-
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 represen-
tation 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 entertain-
ment 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 Sep-
tember 30, 2013, and which shall be apportioned directly to the 
United States Agency for International Development (USAID): Pro-
vided, That this amount shall be made available for training, equip-
ment, and technical assistance to build the capacity of public health 
institutions and organizations in developing countries, and for such 
activities as: (1) child survival and maternal health programs; (2) 
immunization and oral rehydration programs; (3) other health, 
HIV/AIDS. 
Notification. 
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125 STAT. 1176 
PUBLIC LAW 112–74—DEC. 23, 2011 
nutrition, water and sanitation programs which directly address 
the needs of mothers and children, and related education programs; 
(4) assistance for children displaced or orphaned by causes other 
than AIDS; (5) programs for the prevention, treatment, control 
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and 
other infectious diseases including neglected tropical diseases, and 
for assistance to communities severely affected by HIV/AIDS, 
including children infected or affected by AIDS; and (6) family 
planning/reproductive health: Provided further, That funds appro-
priated 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 Presi-
dent of the United States, supports or participates in the manage-
ment 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 plan-
ning acceptors comprehensible information on the health benefits 
and risks of the method chosen, including those conditions that 
might render the use of the method inadvisable and those adverse 
side effects known to be consequent to the use of the method; 
and (5) the project shall ensure that experimental contraceptive 
drugs and devices and medical procedures are provided only in 
the context of a scientific study in which participants are advised 
of potential risks and benefits; and, not less than 60 days after 
Family planning. 
Requirements. 
Deadline. 
Determination. 
Reports. 
Lobbying. 
Abortion. 
Abortion. 
Deadline. 
President. 
Determination. 
Abortion. 
Sterilization. 
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125 STAT. 1177 
PUBLIC LAW 112–74—DEC. 23, 2011 
the date on which the USAID Administrator determines that there 
has been a violation of the requirements contained in paragraph 
(1), (2), (3), or (5) of this proviso, or a pattern or practice of 
violations of the requirements contained in paragraph (4) of this 
proviso, the Administrator shall submit to the Committees on 
Appropriations a report containing a description of such violation 
and the corrective action taken by the Agency: Provided further, 
That in awarding grants for natural family planning under section 
104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant’s religious or con-
scientious 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 appor-
tioned directly to the Department of State: Provided, That funds 
appropriated under this paragraph may be made available, notwith-
standing 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 con-
tribution 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 rel-
evant bureaus and offices of the United States Agency for Inter-
national Development (USAID) that support cross-cutting develop-
ment programs shall coordinate such programs on a regular basis: 
Provided further, That of the funds appropriated under this heading, 
not less than $23,000,000 shall be made available for the American 
Schools and Hospitals Abroad program, and not less than 
Condoms. 
Grants. 
Non- 
discrimination. 
Compliance. 
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125 STAT. 1178 
PUBLIC LAW 112–74—DEC. 23, 2011 
$10,000,000 shall be made available for USAID cooperative develop-
ment programs within the Office of Private and Voluntary Coopera-
tion. 
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 demo-
cratic 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 impor-
tant to the national interests of the United States to provide transi-
tion 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 pre-
vious 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 For-
eign 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 Appropria-
tions, for the purposes of preventing or responding to such crises, 
except that no funds shall be made available to respond to natural 
disasters: Provided further, That funds appropriated under this 
heading may be made available notwithstanding any other provision 
of law, except sections 7007, 7008, and 7018 of this Act and section 
620M of the Foreign Assistance Act of 1961, as amended by this 
Act: Provided further, That funds appropriated under this heading 
shall be subject to the regular notification procedures of the 
Committees on Appropriations, except that such notifications shall 
be transmitted at least 5 days in advance of the obligation of 
funds. 
Notification. 
Deadline. 
Consultation. 
Determination. 
Reports. 
Deadline. 
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125 STAT. 1179 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 author-
ized 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 Assist-
ance 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 guaran-
teed 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 notifica-
tion 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 prin-
cipal 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 Inter-
national Development, $8,300,000, which may be transferred to, 
and merged with, funds made available under the heading ‘‘Oper-
ating 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 assist-
ance for Cyprus shall be used only for scholarships, administrative 
support of the scholarship program, bicommunal projects, and meas-
ures aimed at reunification of the island and designed to reduce 
Cyprus. 
Applicability. 
Loans. 
Notification. 
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125 STAT. 1180 
PUBLIC LAW 112–74—DEC. 23, 2011 
tensions and promote peace and cooperation between the two 
communities on Cyprus: Provided further, That $12,000,000 of the 
funds made available for assistance for Lebanon under this heading 
shall be for scholarships at not-for-profit institutions for students 
in Lebanon with high financial need: Provided further, That of 
the funds appropriated under this heading, not less than 
$360,000,000 shall be available for assistance for Jordan: Provided 
further, That up to $30,000,000 of the funds appropriated for fiscal 
year 2011 under this heading in Public Law 112–10, division B, 
may be made available for the costs, as defined in section 502 
of the Congressional Budget Act of 1974, of loan guarantees for 
Tunisia, which are authorized to be provided: Provided further, 
That amounts that are made available under the previous proviso 
for the cost of guarantees shall not be considered ‘‘assistance’’ 
for the purposes of provisions of law limiting assistance to a country: 
Provided further, That of the funds appropriated under this heading, 
not less than $179,000,000 shall be apportioned directly to the 
United States Agency for International Development for alternative 
development/institution building programs in Colombia: Provided 
further, That of the funds appropriated under this heading that 
are available for assistance for Colombia, not less than $7,000,000 
shall be transferred to, and merged with, funds appropriated under 
the heading ‘‘Migration and Refugee Assistance’’ and shall be made 
available only for assistance to nongovernmental and international 
organizations that provide assistance to Colombian refugees in 
neighboring countries: Provided further, That in consultation with 
the Secretary of the Treasury, the Secretary of State may transfer 
up to $200,000,000 of the funds made available under this heading 
to funds appropriated in this Act under the headings ‘‘Multilateral 
Assistance, Funds Appropriated to the President, International 
Financial Institutions’’ for additional payments to such institutions, 
facilities, and funds enumerated under such headings: Provided 
further, That prior to exercising the transfer authority under the 
previous proviso the Secretary of State shall consult with the 
Committees on Appropriations. 
DEMOCRACY FUND 
For necessary expenses to carry out the provisions of the For-
eign 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 For-
eign Assistance Act of 1961, the FREEDOM Support Act, and 
the Support for East European Democracy (SEED) Act of 1989, 
$626,718,000, to remain available until September 30, 2013, which 
shall be available, notwithstanding any other provision of law, 
for assistance and for related programs for countries identified 
in section 3 of the FREEDOM Support Act and section 3(c) of 
the SEED Act: Provided, That funds appropriated under this 
Consultation. 
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125 STAT. 1181 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 avail-
able 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 avail-
able 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 fur-
ther, That any decision to open, close, significantly reduce, or sus-
pend a domestic or overseas office or country program shall be 
subject to prior consultation with, and the regular notification proce-
dures of, the Committees on Appropriations, except that prior con-
sultation and regular notification procedures may be waived when 
Consultation. 
Notification. 
Waiver authority. 
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125 STAT. 1182 
PUBLIC LAW 112–74—DEC. 23, 2011 
there is a substantial security risk to volunteers or other Peace 
Corps personnel, pursuant to section 7015(e) of this Act: Provided 
further, That none of the funds appropriated under this heading 
shall be used to pay for abortions. 
MILLENNIUM CHALLENGE CORPORATION 
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 Corpora-
tion): Provided further, That up to 5 percent of the funds appro-
priated 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 avail-
ability of funds and the mutual agreement of the parties to the 
Compact to proceed, the entire amount of the United States Govern-
ment 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 Com-
pact shall be subject to the regular notification procedures of the 
Committees on Appropriations prior to re-obligation: Provided fur-
ther, 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: Pro-
vided further, That notwithstanding section 606(b)(1) of the Millen-
nium 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 require-
ments of section 606(a)(1)(B) of the Millennium Challenge Act of 
2003: Provided further, That any Millennium Challenge Corporation 
candidate country under section 606 of the Millennium Challenge 
Act of 2003 with a per capita income that changes in the fiscal 
year such that the country would be reclassified from a low income 
country to a lower middle income country or from a lower middle 
income country to a low income country shall retain its candidacy 
Candidate 
country. 
Notification. 
Notification. 
Deadline. 
Applicability. 
Abortion. 
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125 STAT. 1183 
PUBLIC LAW 112–74—DEC. 23, 2011 
status in its former income classification for the fiscal year and 
the two subsequent fiscal years: Provided further, That of the funds 
appropriated under this heading, not to exceed $100,000 may be 
available for representation and entertainment allowances, of which 
not to exceed $5,000 may be available for entertainment allowances. 
INTER-AMERICAN FOUNDATION 
For necessary expenses to carry out the functions of the Inter- 
American Foundation in accordance with the provisions of section 
401 of the Foreign Assistance Act of 1969, $22,500,000, to remain 
available until September 30, 2013: Provided, That of the funds 
appropriated under this heading, not to exceed $2,000 may be 
available for entertainment and representation allowances. 
AFRICAN DEVELOPMENT FOUNDATION 
For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980 (Public Law 
96–533), $30,000,000, to remain available until September 30, 2013: 
Provided, That funds made available to grantees may be invested 
pending expenditure for project purposes when authorized by the 
Board of Directors of the Foundation: Provided further, That interest 
earned shall be used only for the purposes for which the grant 
was made: Provided further, That notwithstanding section 505(a)(2) 
of the African Development Foundation Act, in exceptional cir-
cumstances 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 not-
withstanding 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 appro-
priated or otherwise made available for programs within the Inter-
national Affairs Budget Function 150, including the cost of selling, 
reducing, or canceling amounts owed to the United States as a 
result of concessional loans made to eligible countries, pursuant 
to part V of the Foreign Assistance Act of 1961, $12,000,000, to 
remain available until September 30, 2013. 
Reports. 
Waiver authority. 
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125 STAT. 1184 
PUBLIC LAW 112–74—DEC. 23, 2011 
TITLE IV 
INTERNATIONAL SECURITY ASSISTANCE 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT 
For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $1,061,100,000, to remain available until 
September 30, 2013: Provided, That during fiscal year 2012, the 
Department of State may also use the authority of section 608 
of the Foreign Assistance Act of 1961, without regard to its restric-
tions, 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 not-
withstanding section 482(b) of the Foreign Assistance Act of 1961 
shall be made available subject to the regular notification proce-
dures 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, notwith-
standing any other provision of law, of the funds appropriated 
under this heading, $5,000,000 should be made available to combat 
piracy of United States copyrighted materials, consistent with the 
requirements of section 688(a) and (b) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110–161): Provided further, That the 
reporting requirements contained in section 1404 of Public Law 
110–252 shall apply to funds made available by this Act, including 
a description of modifications, if any, to the security strategy of 
the Palestinian Authority: Provided further, That the provision 
of assistance which is comparable to assistance made available 
under this heading but which is provided under any other provision 
of law, shall be provided in accordance with the provisions of 
sections 481(b) and 622(c) of the Foreign Assistance Act of 1961. 
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED 
PROGRAMS 
For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $590,113,000, to 
carry out the provisions of chapter 8 of part II of the Foreign 
Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of 
part II of the Foreign Assistance Act of 1961, section 504 of the 
Applicability. 
Bolivia. 
Determination. 
Reports. 
Notification. 
Deadline. 
Reports. 
Notification. 
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125 STAT. 1185 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Inter-
national Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Pre-
paratory 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 Non-
proliferation and Disarmament Fund, notwithstanding any other 
provision of law and subject to prior consultation with, and the 
regular notification procedures of, the Committees on Appropria-
tions, 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 inter-
national organizations when it is in the national security interest 
of the United States to do so: Provided further, That funds appro-
priated 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: Pro-
vided 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, notwith-
standing 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 inter-
national peacekeeping activities in Somalia and shall be available 
until September 30, 2013: Provided further, That funds appropriated 
under this Act should not be used to support any military training 
or operations that include child soldiers: Provided further, That 
none of the funds appropriated under this heading shall be obligated 
or expended except as provided through the regular notification 
procedures of the Committees on Appropriations. 
Notification. 
Child soldiers. 
Determination. 
Israel. 
Consultation. 
Notification. 
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125 STAT. 1186 
PUBLIC LAW 112–74—DEC. 23, 2011 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL MILITARY EDUCATION AND TRAINING 
For necessary expenses to carry out the provisions of section 
541 of the Foreign Assistance Act of 1961, $105,788,000, of which 
up to $4,000,000 may remain available until September 30, 2013, 
and may only be provided through the regular notification proce-
dures 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 activi-
ties: 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 fur-
ther, 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 serv-
ices, 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 enact-
ment of this Act and 6 months thereafter, the Secretary of State 
shall submit a report to the Committees on Appropriations detailing 
any crowd control items, including tear gas, made available with 
appropriated funds or through export licenses to foreign security 
forces that the Secretary of State has credible information have 
repeatedly used excessive force to repress peaceful, lawful, and 
Deadline. 
Reports. 
Israel. 
Disbursement. 
Deadline. 
Notification. 
Deadline. 
Reports. 
Notification. 
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125 STAT. 1187 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 under-
going 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 pro-
gram 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 appor-
tionment 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, not-
withstanding any other provision of law, for demining, the clearance 
of unexploded ordnance, and related activities, and may include 
activities implemented through nongovernmental and international 
organizations: Provided further, That only those countries for which 
assistance was justified for the ‘‘Foreign Military Sales Financing 
Program’’ in the fiscal year 1989 congressional presentation for 
security assistance programs may utilize funds made available 
under this heading for procurement of defense articles, defense 
services or design and construction services that are not sold by 
the United States Government under the Arms Export Control 
Act: Provided further, That funds appropriated under this heading 
shall be expended at the minimum rate necessary to make timely 
payment for defense articles and services: Provided further, That 
not more than $62,800,000 of the funds appropriated under this 
heading may be obligated for necessary expenses, including the 
purchase of passenger motor vehicles for replacement only for use 
outside of the United States, for the general costs of administering 
military assistance and sales, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated under this heading for general costs of administering 
military assistance and sales, not to exceed $4,000 may be available 
for entertainment expenses and not to exceed $130,000 may be 
available for representation allowances: Provided further, That not 
more than $836,900,000 of funds realized pursuant to section 
21(e)(1)(A) of the Arms Export Control Act may be obligated for 
expenses incurred by the Department of Defense during fiscal year 
2012 pursuant to section 43(b) of the Arms Export Control Act, 
Notification. 
Notification. 
Notification. 
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125 STAT. 1188 
PUBLIC LAW 112–74—DEC. 23, 2011 
except that this limitation may be exceeded only through the regular 
notification procedures of the Committees on Appropriations. 
TITLE V 
MULTILATERAL ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
For necessary expenses to carry out the provisions of section 
301 of the Foreign Assistance Act of 1961, and of section 2 of 
the United Nations Environment Program Participation Act of 1973, 
$348,705,000, of which up to $10,000,000 may be made available 
for the Intergovernmental Panel on Climate Change/United Nations 
Framework Convention on Climate Change: Provided, That section 
307(a) of the Foreign Assistance Act of 1961 shall not apply to 
contributions to the United Nations Democracy Fund. 
INTERNATIONAL FINANCIAL INSTITUTIONS 
GLOBAL ENVIRONMENT FACILITY 
For payment to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility by 
the Secretary of the Treasury, $89,820,000, to remain available 
until expended. 
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION 
For payment to the International Development Association by 
the Secretary of the Treasury, $1,325,000,000, to remain available 
until expended. 
For payment to the International Development Association by 
the Secretary of the Treasury for costs incurred under the Multilat-
eral Debt Relief Initiative, $167,000,000, to remain available until 
expended. 
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION 
AND DEVELOPMENT 
For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury, for the United 
States share of the paid-in portion of the increases in capital stock, 
$117,364,344, to remain available until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the International Bank for 
Reconstruction and Development may subscribe without fiscal year 
limitation to the callable capital portion of the United States share 
of increases in capital stock in an amount not to exceed 
$2,928,990,899. 
CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND 
For payment to the International Bank for Reconstruction and 
Development as trustee for the Clean Technology Fund by the 
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125 STAT. 1189 
PUBLIC LAW 112–74—DEC. 23, 2011 
Secretary of the Treasury, $184,630,000, to remain available until 
expended. 
CONTRIBUTION TO THE STRATEGIC CLIMATE FUND 
For payment to the International Bank for Reconstruction and 
Development as trustee for the Strategic Climate Fund by the 
Secretary of the Treasury, $49,900,000, to remain available until 
expended. 
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM 
For payment to the Global Agriculture and Food Security Pro-
gram by the Secretary of the Treasury, $135,000,000, to remain 
available until expended. 
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK 
For payment to the Inter-American Development Bank by the 
Secretary of the Treasury for the United States share of the paid- 
in portion of the increase in capital stock, $75,000,000, to remain 
available until expended. 
For payment to the Inter-American Investment Corporation 
by the Secretary of the Treasury, $4,670,000, to remain available 
until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Inter-American Development 
Bank may subscribe without fiscal year limitation to the callable 
capital portion of the United States share of such capital stock 
in an amount not to exceed $4,098,794,833. 
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS 
MULTILATERAL INVESTMENT FUND 
For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, $25,000,000, 
to remain available until expended. 
CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK 
For payment to the Asian Development Bank by the Secretary 
of the Treasury for the United States share of the paid-in portion 
of increase in capital stock, $106,586,000, to remain available until 
expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the Asian Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an 
amount not to exceed $2,558,048,769. 
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND 
For payment to the Asian Development Bank’s Asian Develop-
ment Fund by the Secretary of the Treasury, $100,000,000, to 
remain available until expended. 
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125 STAT. 1190 
PUBLIC LAW 112–74—DEC. 23, 2011 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK 
For payment to the African Development Bank by the Secretary 
of the Treasury for the United States share of the paid-in portion 
of the increase in capital stock, $32,417,720, to remain available 
until expended. 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the African Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an 
amount not to exceed $507,860,808. 
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 
For payment to the African Development Fund by the Secretary 
of the Treasury, $172,500,000, to remain available until expended. 
For payment to the African Development Fund by the Secretary 
of the Treasury for costs incurred under the Multilateral Debt 
Relief Initiative, $7,500,000, to remain available until expended. 
EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT 
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS 
The United States Governor of the European Bank for 
Reconstruction and Development may subscribe without fiscal year 
limitation to the callable capital of the United States share of 
such capital in an amount not to exceed $1,252,331,952. 
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL 
DEVELOPMENT 
For payment to the International Fund for Agricultural 
Development by the Secretary of the Treasury, $30,000,000, to 
remain available until expended. 
TITLE VI 
EXPORT AND INVESTMENT ASSISTANCE 
EXPORT-IMPORT BANK OF THE UNITED STATES 
INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, 
as amended, $4,000,000, to remain available until September 30, 
2013. 
PROGRAM ACCOUNT 
The Export-Import Bank of the United States is authorized 
to make such expenditures within the limits of funds and borrowing 
authority available to such corporation, and in accordance with 
law, and to make such contracts and commitments without regard 
to fiscal year limitations, as provided by section 104 of the Govern-
ment Corporation Control Act, as may be necessary in carrying 
Contracts. 
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125 STAT. 1191 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 commit-
ments for the export of nuclear equipment, fuel, or technology 
to any country, other than a nuclear-weapon state as defined in 
Article IX of the Treaty on the Non-Proliferation of Nuclear 
Weapons eligible to receive economic or military assistance under 
this Act, that has detonated a nuclear explosive after the date 
of the enactment of this Act: Provided further, That not less than 
10 percent of the aggregate loan, guarantee, and insurance 
authority available to the Export-Import Bank under this Act should 
be used for renewable energy technologies or end-use energy effi-
ciency 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 guaran-
teed 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 insur-
ance commitment has been made: Provided further, That notwith-
standing subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 2012: Provided further, That the Export-Import Bank 
shall charge fees for necessary expenses (including special services 
performed on a contract or fee basis, but not including other per-
sonal services) in connection with the collection of moneys owed 
the Export-Import Bank, repossession or sale of pledged collateral 
Termination 
date. 
12 USC 635a 
note. 
Notification. 
Termination 
date. 
Loans. 
12 USC 635f 
note. 
Termination 
date. 
12 USC 635 note. 
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125 STAT. 1192 
PUBLIC LAW 112–74—DEC. 23, 2011 
or other assets acquired by the Export-Import Bank in satisfaction 
of moneys owed the Export-Import Bank, or the investigation or 
appraisal of any property, or the evaluation of the legal, financial, 
or technical aspects of any transaction for which an application 
for a loan, guarantee or insurance commitment has been made, 
or systems infrastructure directly supporting transactions: Provided 
further, That, in addition to other funds appropriated for adminis-
trative 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 pro-
grams (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 settle-
ments, and other direct costs associated with services provided 
to specific investors or potential investors pursuant to section 234 
of the Foreign Assistance Act of 1961, shall not be considered 
administrative expenses for the purposes of this heading. 
PROGRAM ACCOUNT 
For the cost of direct and guaranteed loans, $25,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, 
to be derived by transfer from the Overseas Private Investment 
Corporation Noncredit Account: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 
502 of the Congressional Budget Act of 1974: Provided further, 
That such sums shall be available for direct loan obligations and 
loan guaranty commitments incurred or made during fiscal years 
2012, 2013, and 2014: Provided further, That funds so obligated 
in fiscal year 2012 remain available for disbursement through 2020; 
funds obligated in fiscal year 2013 remain available for disburse-
ment through 2021; and funds obligated in fiscal year 2014 remain 
available for disbursement through 2022: Provided further, That 
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125 STAT. 1193 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Appro-
priations. 
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 dif-
ferentials 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 Appropria-
tions 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 con-
tract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and available 
for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant 
to existing law. 
Contracts. 
Notification. 
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125 STAT. 1194 
PUBLIC LAW 112–74—DEC. 23, 2011 
EMBASSY CONSTRUCTION 
SEC. 7004. (a) Of funds provided under title I of this Act, 
except as provided in subsection (b), a project to construct a diplo-
matic 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 depart-
ment 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 Appropria-
tions 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 Manage-
ment 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 prop-
erty 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 Sec-
retary of State shall submit to the Committees on Appropriations 
a report on the project: Provided, That such report shall include 
revenue and cost projections, cost containment efforts, project 
schedule and actual project status, the impact of currency exchange 
rate fluctuations on project revenue and costs, and options for 
modifying the scope of the project in the event that proceeds of 
real property sales in London fall below the total cost of the project. 
Deadline. 
Reports. 
Consultation. 
Notification. 
Determination. 
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125 STAT. 1195 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 proce-
dures 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 Appropria-
tions 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 repara-
tions 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, insur-
ance 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 cer-
tifies to the Committees on Appropriations that subsequent to the 
termination of assistance a democratically elected government has 
taken office: Provided further, That the provisions of this section 
shall not apply to assistance to promote democratic elections or 
public participation in democratic processes: Provided further, That 
Notification. 
President. 
Determination. 
Certification. 
Consultation. 
Applicability. 
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125 STAT. 1196 
PUBLIC LAW 112–74—DEC. 23, 2011 
funds made available pursuant to the previous provisos shall be 
subject to the regular notification procedures of the Committees 
on Appropriations. 
TRANSFER AUTHORITY 
SEC. 7009. (a) DEPARTMENT
OF STATE
AND BROADCASTING 
BOARD OF GOVERNORS.— 
(1) Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of 
State under title I of this Act may be transferred between 
such appropriations, but no such appropriation, except as other-
wise 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 expendi-
ture 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 appro-
priated by this Act to carry out the purposes of the Foreign 
Assistance Act of 1961 may be allocated or transferred to agen-
cies 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 Depart-
ment of State with any department, agency, or instrumentality 
of the United States Government pursuant to section 632(b) 
of the Foreign Assistance Act of 1961 valued in excess of 
$1,000,000 and any agreement made pursuant to section 632(a) 
of such Act, with funds appropriated by this Act and prior 
Acts making appropriations for the Department of State, foreign 
operations, and related programs under the headings ‘‘Global 
Notification. 
Notification. 
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125 STAT. 1197 
PUBLIC LAW 112–74—DEC. 23, 2011 
Health Programs’’, ‘‘Development Assistance’’, and ‘‘Economic 
Support Fund’’ shall be subject to the regular notification proce-
dures 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 appro-
priated, 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 jus-
tification 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 Appro-
priations: 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’’, ‘‘Inter-
national Military Education and Training’’, ‘‘Peacekeeping Oper-
ations’’, and ‘‘Pakistan Counterinsurgency Capability Fund’’: Pro-
vided, 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 ‘‘Develop-
ment 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 con-
tained in this Act: Provided further, That notwithstanding any 
other provision of this Act, any funds made available for the pur-
poses of chapter 1 of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961 which are allocated or obligated for cash 
Contracts. 
President. 
Deadline. 
Consultation. 
Policy 
justification. 
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125 STAT. 1198 
PUBLIC LAW 112–74—DEC. 23, 2011 
disbursements in order to address balance of payments or economic 
policy reform objectives, shall remain available for an additional 
4 years from the date on which the availability of such funds 
would otherwise have expired, if such funds are initially allocated 
or obligated before the expiration of their respective periods of 
availability contained in this Act: Provided further, That the Sec-
retary of State shall provide a report to the Committees on Appro-
priations 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 Appro-
priations, 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 govern-
ment, and the Secretary of State shall expeditiously seek to nego-
tiate amendments to existing bilateral agreements, as necessary, 
to conform with this requirement. 
(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equiva-
lent 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 assist-
ance 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 obliga-
tion for each country or entity pursuant to subsection (b) shall 
be reprogrammed for assistance to countries which do not assess 
taxes on United States assistance or which have an effective 
arrangement that is providing substantial reimbursement of such 
taxes. 
(e) DETERMINATIONS.— 
Certification. 
Reports. 
Negotiations. 
President. 
Determination. 
Consultation. 
Reports. 
Deadline. 
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125 STAT. 1199 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Commit-
tees 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: Pro-
vided further, That assistance that is reprogrammed pursuant to 
this subsection shall be made available under the same terms 
and conditions as originally provided. 
(b) In addition to the authority contained in subsection (a), 
the original period of availability of funds appropriated by this 
Act and administered by the United States Agency for International 
Development (USAID) that are specifically designated for particular 
programs or activities by this or any other Act shall be extended 
for an additional fiscal year if the USAID Administrator determines 
and reports promptly to the Committees on Appropriations that 
the termination of assistance to a country or a significant change 
in circumstances makes it unlikely that such designated funds 
Extension. 
Determination. 
Reports. 
Notification. 
Regulations. 
Consultation. 
Deadline. 
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125 STAT. 1200 
PUBLIC LAW 112–74—DEC. 23, 2011 
can be obligated during the original period of availability: Provided, 
That such designated funds that continue to be available for an 
additional fiscal year shall be obligated only for the purpose of 
such designation. 
(c) Ceilings and specifically designated funding levels contained 
in this Act shall not be applicable to funds or authorities appro-
priated or otherwise made available by any subsequent Act unless 
such Act specifically so directs: Provided, That specifically des-
ignated 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 expendi-
ture for activities, programs, or projects through a reprogramming 
of funds in excess of $1,000,000 or 10 percent, whichever is less, 
that: 
(1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, 
project, or activity, or numbers of personnel by 10 percent 
as approved by Congress; or 
(3) results from any general savings, including savings 
from a reduction in personnel, which would result in a change 
Applicability. 
Deadlines. 
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125 STAT. 1201 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Pro-
grams’’, ‘‘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’’, ‘‘For-
eign Military Financing Program’’, ‘‘International Military Edu-
cation 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 pur-
poses 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 Commit-
tees 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 excep-
tion of funds transferred to, and merged with, funds appropriated 
under title I of this Act, funds transferred by the Department 
of Defense to the Department of State and the United States 
Agency for International Development for assistance for foreign 
countries and international organizations, and funds made available 
for programs authorized by section 1206 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109–163), shall 
be subject to the regular notification procedures of the Committees 
on Appropriations. 
(e) The requirements of this section or any similar provision 
of this Act or any other Act, including any prior Act requiring 
notification in accordance with the regular notification procedures 
of the Committees on Appropriations, may be waived if failure 
to do so would pose a substantial risk to human health or welfare: 
Provided, That in case of any such waiver, notification to the 
Committees on Appropriations shall be provided as early as prac-
ticable, but in no event later than 3 days after taking the action 
to which such notification requirement was applicable, in the con-
text of the circumstances necessitating such waiver: Provided fur-
ther, That any notification provided pursuant to such a waiver 
shall contain an explanation of the emergency circumstances. 
Explanation. 
Deadline. 
Waiver authority. 
President. 
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125 STAT. 1202 
PUBLIC LAW 112–74—DEC. 23, 2011 
(f) None of the funds appropriated under titles III through 
VI and VIII of this Act shall be obligated or expended for assistance 
for Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, Paki-
stan, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Hon-
duras, Burma, Yemen, Mexico, Kazakhstan, Uzbekistan, the Rus-
sian Federation, Somalia, Sri Lanka, or Cambodia except as pro-
vided 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 accord-
ance 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 pro-
grams, which are returned or not made available for organizations 
and programs because of the implementation of section 307(a) of 
the Foreign Assistance Act of 1961 or section 7049(a) of this Act, 
shall remain available for obligation until September 30, 2013. 
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY 
STERILIZATION 
SEC. 7018. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may 
be used to pay for the performance of abortions as a method of 
family planning or to motivate or coerce any person to practice 
abortions. None of the funds made available to carry out part 
I of the Foreign Assistance Act of 1961, as amended, may be 
used to pay for the performance of involuntary sterilization as 
a method of family planning or to coerce or provide any financial 
incentive to any person to undergo sterilizations. None of the funds 
made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance 
of, abortions or involuntary sterilization as a means of family plan-
ning. None of the funds made available to carry out part I of 
President. 
Certification. 
Notification. 
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125 STAT. 1203 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 avail-
able for programs and countries in the amounts contained in the 
respective tables included in the joint explanatory statement accom-
panying this Act. 
(b) For the purposes of implementing this section and only 
with respect to the tables included in the joint explanatory state-
ment accompanying this Act, the Secretary of State, the Adminis-
trator 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 Sup-
port Fund’’ may be obligated or expended to pay for— 
(1) alcoholic beverages; or 
(2) entertainment expenses for activities that are substan-
tially 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 equip-
ment 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 equip-
ment: Provided further, That this section applies with respect 
to lethal military equipment provided under a contract entered 
into after October 1, 1997. 
(2) Assistance restricted by paragraph (1) or any other 
similar provision of law, may be furnished if the President 
determines that to do so is important to the national interests 
of the United States. 
(3) Whenever the President makes a determination pursu-
ant to paragraph (2), the President shall submit to the Commit-
tees on Appropriations a report with respect to the furnishing 
Reports. 
Applicability. 
Termination 
date. 
President. 
Determinations. 
Notification. 
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125 STAT. 1204 
PUBLIC LAW 112–74—DEC. 23, 2011 
of such assistance, including a detailed explanation of the 
assistance to be provided, the estimated dollar amount of such 
assistance, and an explanation of how the assistance furthers 
United States national interests. 
(b) BILATERAL ASSISTANCE.— 
(1) Funds appropriated for bilateral assistance in titles 
III through VI of this Act and funds appropriated under any 
such title in prior acts making appropriations for the Depart-
ment 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 ter-
rorism; 
(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 Fed-
eral 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 appro-
priated 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 appro-
priations 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 Sup-
port Fund’’ and ‘‘Foreign Military Financing Program’’, ‘‘program, 
project, and activity’’ shall also be considered to include country, 
regional, and central program level funding within each such 
account; for the development assistance accounts of the United 
States Agency for International Development ‘‘program, project, 
and activity’’ shall also be considered to include central, country, 
regional, and program level funding, either as: 
(1) justified to the Congress; or 
(2) allocated by the executive branch in accordance with 
a report, to be provided to the Committees on Appropriations 
within 30 days of the enactment of this Act, as required by 
section 653(a) of the Foreign Assistance Act of 1961. 
Reports. 
Deadline. 
Federal Register, 
publication. 
Deadline. 
Notification. 
Waiver authority. 
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125 STAT. 1205 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 con-
strued to prohibit activities authorized by or conducted under the 
Peace Corps Act, the Inter-American Foundation Act or the African 
Development Foundation Act: Provided, That prior to conducting 
activities in a country for which assistance is prohibited, the agency 
shall consult with the Committees on Appropriations and report 
to such Committees within 15 days of taking such action. 
COMMERCE, TRADE AND SURPLUS COMMODITIES 
SEC. 7025. (a) None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for direct assistance 
and none of the funds otherwise made available to the Export- 
Import Bank and the Overseas Private Investment Corporation 
shall be obligated or expended to finance any loan, any assistance 
or any other financial commitments for establishing or expanding 
production of any commodity for export by any country other than 
the United States, if the commodity is likely to be in surplus 
on world markets at the time the resulting productive capacity 
is expected to become operative and if the assistance will cause 
substantial injury to United States producers of the same, similar, 
or competing commodity: Provided, That such prohibition shall not 
apply to the Export-Import Bank if in the judgment of its Board 
of Directors the benefits to industry and employment in the United 
States are likely to outweigh the injury to United States producers 
of the same, similar, or competing commodity, and the Chairman 
of the Board so notifies the Committees on Appropriations: Provided 
further, That this subsection shall not prohibit— 
(1) activities in a country that is eligible for assistance 
from the International Development Association, is not eligible 
for assistance from the International Bank for Reconstruction 
and Development, and does not export on a consistent basis 
the agricultural commodity with respect to which assistance 
is furnished; or 
(2) activities in a country the President determines is recov-
ering 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, publica-
tion, conference, or training in connection with the growth or 
production in a foreign country of an agricultural commodity for 
export which would compete with a similar commodity grown or 
produced in the United States: Provided, That this subsection shall 
not prohibit— 
(1) activities designed to increase food security in devel-
oping 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 Amer-
ican producers; 
Notification. 
Consultation. 
Reports. 
Deadline. 
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125 STAT. 1206 
PUBLIC LAW 112–74—DEC. 23, 2011 
(3) activities in a country that is eligible for assistance 
from the International Development Association, is not eligible 
for assistance from the International Bank for Reconstruction 
and Development, and does not export on a consistent basis 
the agricultural commodity with respect to which assistance 
is furnished; or 
(4) activities in a country the President determines is recov-
ering 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 Reconstruc-
tion and Development, the International Development Association, 
the International Finance Corporation, the Inter-American Develop-
ment Bank, the International Monetary Fund, the Asian Develop-
ment Bank, the Inter-American Investment Corporation, the North 
American Development Bank, the European Bank for Reconstruc-
tion 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 gen-
erated; and 
(ii) the terms and conditions under which the cur-
rencies so deposited may be utilized, consistent with 
this section; and 
(C) establish by agreement with that government the 
responsibilities of USAID and that government to monitor 
and account for deposits into and disbursements from the 
separate account. 
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon 
with the foreign government, local currencies deposited in a 
separate account pursuant to subsection (a), or an equivalent 
amount of local currencies, shall be used only— 
(A) to carry out chapter 1 or 10 of part I or chapter 
4 of part II of the Foreign Assistance Act of 1961 (as 
the case may be), for such purposes as— 
(i) project and sector assistance activities; or 
(ii) debt and deficit financing; or 
22 USC 2362 
note. 
Contracts. 
22 USC 262h 
note. 
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125 STAT. 1207 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 cur-
rencies 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 termi-
nation 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 pursu-
ant 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 provi-
sions 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 assist-
ance (including, as appropriate, a description of the economic 
policy reforms that will be promoted by such assistance). 
(4) EXEMPTION.—Nonproject sector assistance funds may 
be exempt from the requirements of subsection (b)(1) only 
through the regular notification procedures of the Committees 
on Appropriations. 
ELIGIBILITY FOR ASSISTANCE 
SEC. 7027. (a) ASSISTANCE
THROUGH
NONGOVERNMENTAL 
ORGANIZATIONS.—Restrictions contained in this or any other Act 
with respect to assistance for a country shall not be construed 
to restrict assistance in support of programs of nongovernmental 
Deadline. 
President. 
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125 STAT. 1208 
PUBLIC LAW 112–74—DEC. 23, 2011 
organizations from funds appropriated by this Act to carry out 
the provisions of chapters 1, 10, 11, and 12 of part I and chapter 
4 of part II of the Foreign Assistance Act of 1961, and from funds 
appropriated under the heading ‘‘Assistance for Europe, Eurasia 
and Central Asia’’: Provided, That before using the authority of 
this subsection to furnish assistance in support of programs of 
nongovernmental organizations, the President shall notify the 
Committees on Appropriations under the regular notification proce-
dures 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 con-
tained 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: Pro-
vided, 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 inter-
nationally 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 cur-
rently located in the United States for the purpose of inducing 
such an enterprise to relocate outside the United States if 
such incentive or inducement is likely to reduce the number 
of employees of such business enterprise in the United States 
because United States production is being replaced by such 
enterprise outside the United States; or 
(2) assistance for any program, project, or activity that 
contributes to the violation of internationally recognized 
workers rights, as defined in section 507(4) of the Trade Act 
of 1974, of workers in the recipient country, including any 
designated zone or area in that country: Provided, That the 
application of section 507(4) (D) and (E) of such Act should 
be commensurate with the level of development of the recipient 
country and sector, and shall not preclude assistance for the 
informal sector in such country, micro and small-scale enter-
prise, and smallholder agriculture. 
INTERNATIONAL FINANCIAL INSTITUTIONS 
SEC. 7029. (a) None of the funds appropriated under title V 
of this Act may be made as payment to any international financial 
Abortion. 
Sterilization. 
President. 
Notification. 
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125 STAT. 1209 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 institu-
tion 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 mainte-
nance 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 institu-
tions’’ shall mean the International Bank for Reconstruction and 
Development, the International Development Association, the Inter-
national Finance Corporation, the Inter-American Development 
Bank, the International Monetary Fund, the Asian Development 
Bank, the Asian Development Fund, the Inter-American Investment 
Corporation, the North American Development Bank, the European 
Bank for Reconstruction and Development, the African Development 
Bank and the African Development Fund. 
DEBT-FOR-DEVELOPMENT 
SEC. 7030. In order to enhance the continued participation 
of nongovernmental organizations in debt-for-development and debt- 
for-nature exchanges, a nongovernmental organization which is a 
grantee or contractor of the United States Agency for International 
Development may place in interest bearing accounts local currencies 
which accrue to that organization as a result of economic assistance 
provided under title III of this Act and, subject to the regular 
notification procedures of the Committees on Appropriations, any 
interest earned on such investment shall be used for the purpose 
for which the assistance was provided to that organization. 
FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY 
SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERN-
MENT ASSISTANCE.— 
Notification. 
Definition. 
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125 STAT. 1210 
PUBLIC LAW 112–74—DEC. 23, 2011 
(1) Funds appropriated by this Act may be made available 
for direct Government-to-Government assistance only if— 
(A) each implementing agency or ministry to receive 
assistance has been assessed and is considered to have 
the systems required to manage such assistance and any 
identified vulnerabilities or weaknesses of such agency or 
ministry have been addressed; and 
(i) the recipient agency or ministry employs and 
utilizes staff with the necessary technical, financial, 
and management capabilities; 
(ii) the recipient agency or ministry has adopted 
competitive procurement policies and systems; 
(iii) effective monitoring and evaluation systems 
are in place to ensure that such assistance is used 
for its intended purposes; and 
(iv) no level of acceptable fraud is assumed. 
(B) the Government of the United States and the 
government of the recipient country have agreed, in 
writing— 
(i) on clear and achievable objectives for the use 
of such assistance; and 
(ii) that such assistance should be made on a cost- 
reimbursable basis. 
(2) In addition to the requirements in subsection (a), no 
funds may be made available for such assistance without prior 
consultation with, and notification to, the Committees on Appro-
priations: Provided, That such notification shall contain an 
explanation of how the proposed activity meets the require-
ments of paragraph (1): Provided further, That the require-
ments of this paragraph shall only apply to direct Government- 
to-Government assistance in excess of $10,000,000 and all funds 
available for cash transfer, budget support, and cash payments 
to individuals. 
(3) The USAID Administrator or the Secretary of State, 
as appropriate, shall suspend any such assistance if the 
Administrator or the Secretary has credible information of 
material misuse of such assistance, unless the Administrator 
or the Secretary determines and reports to the Committees 
on Appropriations that it is in the national interest of the 
United States to continue such assistance. 
(4) Not later than 90 days after the enactment of this 
Act and 6 months thereafter, the USAID Administrator shall 
submit to the Committees on Appropriations a report that— 
(A) details all assistance described in subsection (a) 
provided during the previous 6-month period by country, 
funding amount, source of funds, and type of such assist-
ance; and 
(B) the type of procurement instrument or mechanism 
utilized and whether the assistance was provided on a 
cost-reimbursable basis. 
(5) The USAID Administrator shall submit to the Commit-
tees on Appropriations, concurrent with the fiscal year 2013 
congressional budget justification materials, amounts planned 
for assistance described in subsection (a) by country, proposed 
funding amount, source of funds, and type of assistance. 
(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.— 
Submission. 
Deadlines. 
Reports. 
Suspension. 
Determination. 
Reports. 
Applicability. 
Consultation. 
Notification. 
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125 STAT. 1211 
PUBLIC LAW 112–74—DEC. 23, 2011 
(1) LIMITATION ON FUNDING.—None of the funds appro-
priated 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 trans-
parency’’ 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 limita-
tion 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 dis-
close 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 iden-
tify 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 trans-
parency: Provided, That such sums shall be in addition to 
funds otherwise made available for such purposes. 
(c) ANTI-KLEPTOCRACY.— 
(1) Officials of foreign governments and their immediate 
family members who the Secretary of State has credible 
information have been involved in significant corruption, 
including corruption related to the extraction of natural 
resources, shall be ineligible for entry into the United States. 
(2) Individuals shall not be ineligible if entry into the 
United States would further important United States law 
enforcement objectives or is necessary to permit the United 
States to fulfill its obligations under the United Nations Head-
quarters Agreement: Provided, That nothing in this provision 
shall be construed to derogate from United States Government 
obligations under applicable international agreements. 
(3) The Secretary may waive the application of paragraph 
(1) if the Secretary determines that the waiver would serve 
a compelling national interest or that the circumstances which 
caused the individual to be ineligible have changed sufficiently. 
(4) Not later than 90 days after enactment of this Act 
and 180 days thereafter, the Secretary of State shall submit 
a report, in classified form if necessary, to the Committees 
Deadlines. 
Reports. 
Waiver authority. 
Determination. 
8 USC 1182 note. 
Reports. 
Determination. 
Public 
information. 
Standards. 
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125 STAT. 1212 
PUBLIC LAW 112–74—DEC. 23, 2011 
on Appropriations describing the information regarding corrup-
tion concerning each of the individuals found ineligible pursu-
ant 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 Presi-
dent may, in accordance with this section, sell to any eligible 
purchaser any concessional loan or portion thereof made before 
January 1, 1995, pursuant to the Foreign Assistance Act of 
1961, to the government of any eligible country as defined 
in section 702(6) of that Act or on receipt of payment from 
an eligible purchaser, reduce or cancel such loan or portion 
thereof, only for the purpose of facilitating— 
(A) debt-for-equity swaps, debt-for-development swaps, 
or debt-for-nature swaps; or 
(B) a debt buyback by an eligible country of its own 
qualified debt, only if the eligible country uses an additional 
amount of the local currency of the eligible country, equal 
to not less than 40 percent of the price paid for such 
debt by such eligible country, or the difference between 
the price paid for such debt and the face value of such 
debt, to support activities that link conservation and 
sustainable use of natural resources with local community 
development, and child survival and other child develop-
ment, 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 admin-
istering part I of the Foreign Assistance Act of 1961 of pur-
chasers that the President has determined to be eligible, and 
shall direct such agency to carry out the sale, reduction, or 
cancellation of a loan pursuant to this section: Provided, That 
such agency shall make adjustment in its accounts to reflect 
the sale, reduction, or cancellation. 
(4) LIMITATION.—The authorities of this subsection shall 
be available only to the extent that appropriations for the 
cost of the modification, as defined in section 502 of the 
Congressional Budget Act of 1974, are made in advance. 
(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduc-
tion, 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 satisfac-
tory to the President for using the loan for the purpose of engaging 
Notification. 
President. 
Determination. 
President. 
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125 STAT. 1213 
PUBLIC LAW 112–74—DEC. 23, 2011 
in debt-for-equity swaps, debt-for-development swaps, or debt-for- 
nature swaps. 
(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should 
consult with the country concerning the amount of loans to be 
sold, reduced, or canceled and their uses for debt-for-equity swaps, 
debt-for-development swaps, or debt-for-nature swaps. 
(e) AVAILABILITY OF FUNDS.—The authority provided by sub-
section (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 justifica-
tion; 
(2) included in an Act making appropriations for the 
Department of State, foreign operations, and related programs 
or previously authorized by an Act of Congress; 
(3) notified in accordance with the regular notification 
procedures of the Committees on Appropriations; or 
(4) the subject of prior consultation with the Committees 
on Appropriations and such consultation was conducted at least 
7 days in advance of the pledge. 
SPECIAL PROVISIONS 
SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND 
DISPLACED BURMESE.—Funds appropriated in titles III and VI of 
this Act that are made available for victims of war, displaced 
children, and displaced Burmese, and to assist victims of trafficking 
in persons and, subject to the regular notification procedures of 
the Committees on Appropriations, to combat such trafficking, may 
be made available notwithstanding any other provision of law. 
(b) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing 
assistance with funds appropriated by this Act under section 
660(b)(6) of the Foreign Assistance Act of 1961, support for a 
nation emerging from instability may be deemed to mean support 
for regional, district, municipal, or other sub-national entity 
emerging from instability, as well as a nation emerging from insta-
bility. 
(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.—Not-
withstanding any other provision of law, regulation or Executive 
order, funds appropriated by this Act and prior Acts making appro-
priations for the Department of State, foreign operations, and 
related programs under the headings ‘‘Economic Support Fund’’, 
‘‘Peacekeeping Operations’’, ‘‘International Disaster Assistance’’, and 
Notification. 
Notification. 
Consultation. 
Time period. 
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125 STAT. 1214 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘Transition Initiatives’’ should be made available to support pro-
grams 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 Appro-
priations 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: Pro-
vided, 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 pur-
view 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 avail-
able for the promotion of democracy may be made available 
notwithstanding any other provision of law, and with regard 
to the National Endowment for Democracy, any regulation. 
(2) For the purposes of funds appropriated by this Act, 
the term ‘‘promotion of democracy’’ means programs that sup-
port good governance, human rights, independent media, and 
the rule of law, and otherwise strengthen the capacity of demo-
cratic 
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 democ-
racy, human rights and governance activities in this Act, the 
organizations implementing such assistance and the specific 
nature of that assistance shall not be subject to the prior 
approval by the government of any foreign country. 
Definition. 
Consultation. 
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125 STAT. 1215 
PUBLIC LAW 112–74—DEC. 23, 2011 
(4) Funds appropriated under the heading ‘‘Economic Sup-
port 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 fur-
ther, That the Secretary of State shall coordinate the develop-
ment 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 tech-
nologies 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 Sec-
retary 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 expan-
sion. 
(j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC 
MISSIONS AND INTERNATIONAL ORGANIZATIONS.—The Secretary of 
State shall implement section 203(a)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act of 2008 (Public 
Law 110–457): Provided, That in determining whether to suspend 
the issuance of A–3 or G–5 visas to applicants seeking to work 
for officials of a diplomatic mission or international organization, 
the Secretary shall consider whether a final court judgment has 
been issued against a current or former employee of such mission 
or organization (and the time period for a final appeal has expired) 
or whether the Department of State has requested that immunity 
of individual diplomats or family members be waived to permit 
criminal prosecution: Provided further, That the Secretary should 
continue to assist in obtaining payment of final court judgments 
awarded to A–3 and G–5 visa holders, including encouraging the 
sending states to provide compensation directly to victims: Provided 
further, That the Secretary shall include, in a manner the Secretary 
deems appropriate, all trafficking cases involving A–3 or G–5 visa 
holders in the Trafficking in Persons annual report for which a 
final civil judgment has been issued (and the time period for final 
appeal has expired) or the Department of Justice has determined 
that the United States Government would seek to indict the dip-
lomat or a family member but for diplomatic immunity. 
Determination. 
Implementation. 
Reports. 
Deadline. 
Deadline. 
Review. 
Assessment. 
Coordination. 
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125 STAT. 1216 
PUBLIC LAW 112–74—DEC. 23, 2011 
(k) MODIFICATION OF AMENDMENT.—Section 620J of the Foreign 
Assistance Act of 1961 (Limitation on Assistance to Security Forces) 
is amended as follows: 
(1) by redesignating the section as section 620M; 
(2) in subsection (a), by striking ‘‘evidence’’ and inserting 
‘‘information’’ and by striking ‘‘gross violations’’ and inserting 
‘‘a gross violation’’; 
(3) in subsection (b), by striking ‘‘measures’’ and inserting 
‘‘steps’’; and 
(4) by adding the following subsection: 
‘‘(d) CREDIBLE INFORMATION.—The Secretary shall establish, 
and periodically update, procedures to— 
‘‘(1) ensure that for each country the Department of State 
has a current list of all security force units receiving United 
States training, equipment, or other types of assistance; 
‘‘(2) facilitate receipt by the Department of State and 
United States embassies of information from individuals and 
organizations outside the United States Government about 
gross violations of human rights by security force units; 
‘‘(3) routinely request and obtain such information from 
the Department of Defense, the Central Intelligence Agency, 
and other United States Government sources; 
‘‘(4) ensure that such information is evaluated and pre-
served; 
‘‘(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 prac-
ticable, 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 ‘‘Sep-
tember 30, 2012’’ for ‘‘September 30, 2010’’. 
(2) The authority provided by section 301(a)(3) of the Omni-
bus 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 ‘‘Sep-
tember 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 Sep-
tember 30, 2012. 
Extension. 
22 USC 2385 
note. 
22 USC 2733 
note. 
22 USC 4064 
note. 
22 USC 4831 
note. 
22 USC 
2292c, 2292f, 
2292h–2292q. 
Applicability. 
22 USC 214 note. 
Procedures. 
22 USC 2378d. 
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125 STAT. 1217 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 appropria-
tions 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 Sec-
retary determines is not taking appropriate steps to comply with 
the Convention on the Civil Aspects of International Child Abduc-
tions, 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 require-
ments of such section, be moved to the United States Agency 
for International Development (USAID): Provided, That the 
Advisor shall hereafter be appointed by the USAID Adminis-
trator and shall report directly to the Administrator: Provided 
further, That the responsibilities of the Advisor enumerated 
in section 699B(b) shall remain in full force and effect. 
(2) The position of Coordinator established pursuant to 
section 664 of division J of Public Law 110–161 shall, within 
45 days of enactment of this Act and notwithstanding the 
requirements of such section, be moved to the United States 
Agency for International Development (USAID): Provided, That 
the Coordinator shall hereafter be appointed by the USAID 
Administrator and shall report directly to the Administrator: 
Provided further, That the responsibilities of the Coordinator 
enumerated in the first sentence of section 664(c) shall remain 
in full force and effect: Provided further, That the limitation 
in the second sentence of such section shall hereafter no longer 
apply to the Coordinator. 
Deadlines. 
Appointments. 
Reports. 
Deadline. 
Determination. 
22 USC 2152c, 
4506, 5474, 5814 
and note, 1928 
note, 4865 note, 
2656 note, 2291 
note, 5952 note, 
3927a. 
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125 STAT. 1218 
PUBLIC LAW 112–74—DEC. 23, 2011 
(r) EXTENSION OF AUTHORITY.—The Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public 
Law 101–167) is amended— 
(1) In section 599D (8 U.S.C. 1157 note)— 
(A) in subsection (b)(3), by striking ‘‘and 2011’’ and 
inserting ‘‘2011, and 2012’’; and 
(B) in subsection (e), by striking ‘‘June 1, 2011’’ each 
place it appears and inserting ‘‘October 1, 2012’’; and 
(2) in section 599E (8 U.S.C. 1255 note) in subsection 
(b)(2), by striking ‘‘2011’’ and inserting ‘‘2012’’. 
ARAB LEAGUE BOYCOTT OF ISRAEL 
SEC. 7035. It is the sense of the Congress that— 
(1) the Arab League boycott of Israel, and the secondary 
boycott of American firms that have commercial ties with Israel, 
is an impediment to peace in the region and to United States 
investment and trade in the Middle East and North Africa; 
(2) the Arab League boycott, which was regrettably 
reinstated in 1997, should be immediately and publicly termi-
nated, and the Central Office for the Boycott of Israel imme-
diately 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 part-
ners of the United States to enact laws prohibiting businesses 
from complying with the boycott and penalizing businesses 
that do comply. 
PALESTINIAN STATEHOOD 
SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds 
appropriated under titles III through VI of this Act may be provided 
to support a Palestinian state unless the Secretary of State deter-
mines 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 appro-
priate security organizations; and 
(2) the Palestinian Authority (or the governing entity of 
a new Palestinian state) is working with other countries in 
the region to vigorously pursue efforts to establish a just, 
lasting, and comprehensive peace in the Middle East that will 
Determination. 
Certification. 
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125 STAT. 1219 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 establish-
ment of demilitarized zones; 
(C) their right to live in peace within secure and recog-
nized boundaries free from threats or acts of force; 
(D) freedom of navigation through international water-
ways 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 gov-
erning entity provided for in the Israel-PLO Declaration of Prin-
ciples: Provided, That this restriction shall not apply to the acquisi-
tion of additional space for the existing Consulate General in Jeru-
salem: 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 con-
tinue to meet in Jerusalem on other subjects with Palestinians 
(including those who now occupy positions in the Palestinian 
Authority), have social contacts, and have incidental discussions. 
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING 
CORPORATION 
SEC. 7038. None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
President. 
Determination. 
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125 STAT. 1220 
PUBLIC LAW 112–74—DEC. 23, 2011 
support, consulting services, or any other form of assistance to 
the Palestinian Broadcasting Corporation. 
ASSISTANCE FOR THE WEST BANK AND GAZA 
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 Commit-
tees 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 assist-
ance 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 edu-
cational institutions, those that have as a principal officer of the 
entity’s governing board or governing board of trustees any indi-
vidual 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 assist-
ance to any individual, entity, or educational institution which 
the Secretary has determined to be involved in or advocating ter-
rorist 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 com-
mitted acts of terrorism. 
(2) Notwithstanding any other provision of law, none of 
the funds made available by this or prior appropriations Acts, 
including funds made available by transfer, may be made avail-
able 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 estab-
lished for security assistance for the West Bank and Gaza 
and reports on the extent of Palestinian compliance with such 
benchmarks. 
(d) AUDITS.— 
(1) The Administrator of the United States Agency for 
International Development shall ensure that Federal or non- 
Federal audits of all contractors and grantees, and significant 
subcontractors and sub-grantees, under the West Bank and 
Gaza Program, are conducted at least on an annual basis 
to ensure, among other things, compliance with this section. 
(2) Of the funds appropriated by this Act up to $500,000 
may be used by the Office of Inspector General of the United 
Reports. 
Determination. 
Terrorism. 
Deadline. 
Certification. 
Procedures. 
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125 STAT. 1221 
PUBLIC LAW 112–74—DEC. 23, 2011 
States Agency for International Development for audits, inspec-
tions, and other activities in furtherance of the requirements 
of this subsection: Provided, That such funds are in addition 
to funds otherwise available for such purposes. 
(e) Subsequent to the certification specified in subsection (a), 
the Comptroller General of the United States shall conduct an 
audit and an investigation of the treatment, handling, and uses 
of all funds for the bilateral West Bank and Gaza Program, 
including all funds provided as cash transfer assistance, in fiscal 
year 2012 under the heading ‘‘Economic Support Fund’’, and such 
audit shall address— 
(1) the extent to which such Program complies with the 
requirements of subsections (b) and (c); and 
(2) an examination of all programs, projects, and activities 
carried out under such Program, including both obligations 
and expenditures. 
(f) Funds made available in this Act for West Bank and Gaza 
shall be subject to the regular notification procedures of the 
Committees on Appropriations. 
(g) Not later than 180 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations updating the report contained in section 2106 of 
chapter 2 of title II of Public Law 109–13. 
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY 
SEC. 7040. (a) PROHIBITION
OF FUNDS.—None of the funds 
appropriated by this Act to carry out the provisions of chapter 
4 of part II of the Foreign Assistance Act of 1961 may be obligated 
or expended with respect to providing funds to the Palestinian 
Authority. 
(b) WAIVER.—The prohibition included in subsection (a) shall 
not apply if the President certifies in writing to the Speaker of 
the House of Representatives, the President pro tempore of the 
Senate, and the Committees on Appropriations that waiving such 
prohibition is important to the national security interests of the 
United States. 
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 
to subsection (b) shall be effective for no more than a period of 
6 months at a time and shall not apply beyond 12 months after 
the enactment of this Act. 
(d) REPORT.—Whenever the waiver authority pursuant to sub-
section (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, con-
fiscate 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 obliga-
tion of funds that the Palestinian Authority has established a 
single treasury account for all Palestinian Authority financing and 
all financing mechanisms flow through this account, no parallel 
financing mechanisms exist outside of the Palestinian Authority 
Reports. 
President. 
President. 
Certification. 
Deadline. 
Reports. 
Notification. 
Audit. 
Investigation. 
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125 STAT. 1222 
PUBLIC LAW 112–74—DEC. 23, 2011 
treasury account, and there is a single comprehensive civil service 
roster and payroll. 
(f) PROHIBITION
TO HAMAS
AND
THE PALESTINE LIBERATION 
ORGANIZATION.— 
(1) None of the funds appropriated in titles III through 
VI of this Act may be obligated for salaries of personnel of 
the Palestinian Authority located in Gaza or may be obligated 
or expended for assistance to Hamas or any entity effectively 
controlled by Hamas, any power-sharing government of which 
Hamas is a member, or that results from an agreement with 
Hamas and over which Hamas exercises undue influence. 
(2) Notwithstanding the limitation of subsection (1), assist-
ance 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 min-
isters 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 Pales-
tinian 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 cer-
tification and every quarter thereafter on whether such govern-
ment, including all of its ministers or such equivalent are 
continuing to comply with the principles contained in section 
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, 
as amended: Provided, That the report shall also detail the 
amount, purposes and delivery mechanisms for any assistance 
provided pursuant to the abovementioned certification and a 
full accounting of any direct support of such government. 
(5) None of the funds appropriated under titles III through 
VI of this Act may be obligated for assistance for the Palestine 
Liberation Organization. 
NEAR EAST 
SEC. 7041. (a) EGYPT.— 
(1)(A) None of the funds appropriated under titles III and 
IV of this Act and in prior Acts making appropriations for 
the Department of State, foreign operations, and related pro-
grams 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 Appro-
priations that the Government of Egypt is supporting the 
transition to civilian government including holding free and 
fair elections; implementing policies to protect freedom of 
expression, association, and religion, and due process of law. 
(C) The Secretary of State may waive the requirements 
of paragraphs (A) and (B) if the Secretary determines and 
Waiver authority. 
Determination. 
Reports. 
Certification. 
Reports. 
Deadline. 
President. 
Certification. 
Reports. 
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125 STAT. 1223 
PUBLIC LAW 112–74—DEC. 23, 2011 
reports to the Committees on Appropriations that to do so 
is in the national security interest of the United States: Pro-
vided, That such determination and report shall include a 
detailed justification for such waiver. 
(2) The Secretary of State shall consult with the Commit-
tees on Appropriations prior to the transfer of funds appro-
priated by this Act under the heading ‘‘Foreign Military 
Financing Program’’ to an interest-bearing account for Egypt. 
(3) Funds appropriated under the heading ‘‘Economic Sup-
port 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 appro-
priate 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 provi-
sions apply to Jordan, subject to the following provisos: Pro-
vided 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 accom-
panying this Act and incorporated herein shall be deemed to 
apply in lieu of the figure in subparagraph (b)(1): Provided 
further, That the authority to reduce debt shall include 
authority to exchange an outstanding obligation for a new 
obligation and to permit both principal and interest payments 
on new obligations to be deposited into a fund established 
for such purpose, to be used in accordance with purposes set 
forth in an agreement between the United States and Egypt: 
Provided further, That the authority of this paragraph shall 
only be made available after the Secretary of State certifies 
to the Committees on Appropriations that the Government 
of Egypt is implementing economic development policies con-
sistent 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 appro-
priated 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 not-
withstanding any other provision of law, to establish and operate 
one or more enterprise funds for Egypt, Tunisia, and Jordan, respec-
tively: Provided, That provisions contained in section 201 of the 
Support for East European Democracy (SEED) Act of 1989 
(excluding the provisions of subsections (b), (c), (d)(3), and (f) of 
that section), shall be deemed to apply to any such fund or funds, 
Applicability. 
Notification. 
Certification. 
Jordan. 
Applicability. 
Consultation. 
Justification. 
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125 STAT. 1224 
PUBLIC LAW 112–74—DEC. 23, 2011 
and to funds made available to such fund or funds, in order to 
enable such fund or funds to provide assistance for purposes of 
this section: Provided further, That section 7077 of division F of 
Public Law 111–117 shall apply to any such fund or funds estab-
lished pursuant to this subsection: Provided further, That not more 
than 5 percent of the funds made available pursuant to this sub-
section 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 inter-
national diplomatic efforts to halt Iran’s uranium enrichment 
program, and the President should fully implement and enforce 
the Iran Sanctions Act of 1996, as amended (Public Law 104– 
172) as a means of encouraging foreign governments to require 
state-owned and private entities to cease all investment in, 
and support of, Iran’s energy sector and all exports of refined 
petroleum products to Iran. 
(2) None of the funds appropriated or otherwise made 
available in this Act under the heading ‘‘Export-Import Bank 
of the United States’’ may be used by the Export-Import Bank 
of the United States to provide any new financing (including 
loans, guarantees, other credits, insurance, and reinsurance) 
to any person that is subject to sanctions under paragraph 
(2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 
(Public Law 104–172). 
(3) The reporting requirements in section 7043(c) in division 
F of Public Law 111–117 shall continue in effect during fiscal 
year 2012 as if part of this Act: Provided, That the date in 
subsection (c)(1) shall be deemed to be ‘‘September 30, 2012’’. 
(d) IRAQ.— 
(1) Funds appropriated or otherwise made available by 
this Act for assistance for Iraq shall be made available in 
a manner that utilizes Iraqi entities to the maximum extent 
practicable, and in accordance with the cost-matching and other 
requirements in the Department of State’s April 9, 2009 ‘‘Guide-
lines for Government of Iraq Financial Participation in United 
States Government-Funded Civilian Foreign Assistance Pro-
grams and Projects’’. 
Extension. 
Consultation. 
Deadlines. 
Public 
information. 
Web site. 
Reports. 
Termination 
date. 
Deadlines. 
Reports. 
Applicability. 
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125 STAT. 1225 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 agree-
ment 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 notwith-
standing 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 justifica-
tions and decisions shall be the responsibility of the United 
States Chief of Mission in Iraq. 
(5)(A) Of the funds appropriated under the heading ‘‘Diplo-
matic 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 require-
ments over the next 3 fiscal years; 
(iii) the types of military equipment to be used to 
meet the security requirements at each facility; 
(iv) the number of United States Government personnel 
anticipated at each facility, a general description of the 
duties of such personnel, and the number and cost of con-
tractors anticipated at each facility required for operational 
and other support; and 
(v) a description of contingency plans, including evacu-
ation, at each facility for United States Government per-
sonnel and contractors. 
(B) The report required by this paragraph may be sub-
mitted 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 ‘‘For-
eign Military Financing Program’’ for assistance for Lebanon 
may be made available only to professionalize the LAF and 
to strengthen border security and combat terrorism, including 
training and equipping the LAF to secure Lebanon’s borders, 
interdicting arms shipments, preventing the use of Lebanon 
as a safe haven for terrorist groups, and to implement United 
Nations Security Council Resolution 1701: Provided, That funds 
may not be made available for obligation until the Secretary 
of State submits a detailed spend plan to the Committees 
on Appropriations, except such plan may not be considered 
as meeting the notification requirements under section 7015 
of this Act or under section 634A of the Foreign Assistance 
Spending plan. 
Deadline. 
Reports. 
Base rights. 
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125 STAT. 1226 
PUBLIC LAW 112–74—DEC. 23, 2011 
Act of 1961, and shall be submitted not later than September 
1, 2012: Provided further, That the Secretary of State shall 
regularly consult with the Committees on Appropriations on 
the activities of the LAF and assistance provided by the United 
States: Provided further, That not later than 90 days after 
enactment of this Act, the Secretary of State shall submit 
a report to the Committees on Appropriations detailing the 
actions taken to ensure that equipment provided to the LAF 
is used for intended purposes. 
(3) Funds appropriated by this Act under titles III and 
VI for assistance for Lebanon may be made available notwith-
standing 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 consulta-
tion with the Committees on Appropriations. 
(g) MOROCCO.—Prior to the obligation of funds appropriated 
by this Act under the heading ‘‘Foreign Military Financing Program’’ 
for assistance for Morocco, the Secretary of State shall submit 
a report to the Committees on Appropriations on steps being taken 
by the Government of Morocco to— 
(1) respect the right of individuals to peacefully express 
their opinions regarding the status and future of the Western 
Sahara and to document violations of human rights; and 
(2) provide unimpeded access to human rights organiza-
tions, journalists, and representatives of foreign governments 
to the Western Sahara. 
(h) SYRIA.—Funds appropriated by this Act shall be made avail-
able 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 Govern-
ment of Serbia subject to the condition in subsection (c). 
Reports. 
Consultation. 
Deadline. 
Reports. 
Consultation. 
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125 STAT. 1227 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 appre-
hending 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 ‘‘For-
eign 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 mili-
taries in international peacekeeping operations or to conduct 
operations against the Lord’s Resistance Army. 
(b) COUNTERTERRORISM PROGRAMS.—Of the funds appropriated 
by this Act, not less than $52,800,000 should be made available 
for the Trans-Sahara Counter-terrorism Partnership program, and 
not less than $21,300,000 should be made available for the Partner-
ship for Regional East Africa Counterterrorism program. 
(c) CRISIS RESPONSE.—Notwithstanding any other provision of 
law, up to $10,000,000 of the funds appropriated by this Act under 
the heading ‘‘Global Health Programs’’ for HIV/AIDS activities may 
be transferred to, and merged with, funds appropriated under the 
headings ‘‘Economic Support Fund’’ and ‘‘Transition Initiatives’’ to 
respond to unanticipated crises in Africa, except that funds shall 
not be transferred unless the Secretary of State certifies to the 
Committees on Appropriations that no individual currently on anti- 
retroviral therapy supported by such funds shall be negatively 
impacted by the transfer of such funds: Provided, That the authority 
of this subsection shall be subject to prior consultation with the 
Committees on Appropriations. 
(d) EXPANDED
INTERNATIONAL
MILITARY
EDUCATION
AND 
TRAINING.— 
(1) Funds appropriated under the heading ‘‘International 
Military Education and Training’’ (IMET) in this Act that are 
made available for assistance for Angola, Cameroon, Central 
African Republic, Chad, Co
ˆte d’Ivoire, Guinea and Zimbabwe 
may be made available only for training related to international 
peacekeeping operations and expanded IMET: Provided, That 
the limitation included in this paragraph shall not apply to 
courses that support training in maritime security for Angola 
and Cameroon. 
(2) None of the funds appropriated under the heading 
‘‘International Military Education and Training’’ in this Act 
Consultation. 
Certification. 
Human rights. 
Reports. 
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125 STAT. 1228 
PUBLIC LAW 112–74—DEC. 23, 2011 
may be made available for assistance for Equatorial Guinea 
or Somalia. 
(e) ETHIOPIA.— 
(1) Funds appropriated by this Act under the heading ‘‘For-
eign Military Financing Program’’ that are available for assist-
ance for Ethiopia shall not be made available unless the Sec-
retary 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 associa-
tion, and is permitting access to human rights and humani-
tarian organizations to the Somalia region of Ethiopia; 
and 
(B) submits a report to the Committees on Appropria-
tions 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 per-
sonnel 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 inter-
national peacekeeping operations, counterterrorism operations 
along the border with Somalia, and for assistance to the Ethio-
pian Defense Command and Staff College. 
(f) SUDAN LIMITATION ON ASSISTANCE.— 
(1) Notwithstanding any other provision of law, none of 
the funds appropriated by this Act may be made available 
for assistance for the Government of Sudan. 
(2) None of the funds appropriated by this Act may be 
made available for the cost, as defined in section 502 of the 
Congressional Budget Act of 1974, of modifying loans and loan 
guarantees held by the Government of Sudan, including the 
cost of selling, reducing, or canceling amounts owed to the 
United States, and modifying concessional loans, guarantees, 
and credit agreements. 
(3) The limitations of paragraphs (1) and (2) shall not 
apply to— 
(A) humanitarian assistance; 
(B) assistance for the Darfur region, Southern 
Kordofan/Nuba Mountains State, Blue Nile State, other 
marginalized areas and populations in Sudan, and Abyei; 
and 
(C) assistance to support implementation of the Com-
prehensive 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 avail-
able for assistance for South Sudan including to increase agri-
cultural productivity, expand educational opportunities espe-
cially for girls, strengthen democratic institutions and the rule 
of law, and enhance the capacity of the Federal Legislative 
Certification. 
Reports. 
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125 STAT. 1229 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 establish-
ment of democratic institutions including an independent 
judiciary, parliament, and security forces that are account-
able 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 Commit-
tees on Appropriations detailing the steps that will be taken 
by the Government of South Sudan, which are additional to 
those taken in the previous fiscal year, to improve resource 
management and ensure transparency and accountability of 
funds. 
(h) UGANDA.—Funds appropriated by this Act should be made 
available for programs and activities in areas affected by the Lord’s 
Resistance Army. 
(i) WAR CRIMES IN AFRICA.— 
(1) The Congress reaffirms its support for the efforts of 
the International Criminal Tribunal for Rwanda (ICTR) and 
the Special Court for Sierra Leone (SCSL) to bring to justice 
individuals responsible for war crimes and crimes against 
humanity in a timely manner. 
(2) Funds appropriated by this Act may be made available 
for assistance for the central government of a country in which 
individuals indicted by the ICTR and the SCSL are credibly 
alleged to be living, if the Secretary of State determines and 
reports to the Committees on Appropriations that such govern-
ment 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 Assist-
ance Act of 1961 or to project assistance under title VI of 
this Act: Provided further, That the United States shall use 
its voice and vote in the United Nations Security Council to 
fully support efforts by the ICTR and the SCSL to bring to 
justice individuals indicted by such tribunals in a timely 
manner. 
(3) The prohibition in paragraph (2) may be waived on 
a country-by-country basis if the President determines that 
doing so is in the national security interest of the United 
States: Provided, That prior to exercising such waiver authority, 
Reports. 
Waiver authority. 
President. 
Determination. 
Determination. 
Reports. 
Reports. 
Deadline. 
Audits. 
Public 
information. 
Deadline. 
Reports. 
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125 STAT. 1230 
PUBLIC LAW 112–74—DEC. 23, 2011 
the President shall submit a report to the Committees on 
Appropriations, in classified form if necessary, on— 
(A) the steps being taken to obtain the cooperation 
of the government in apprehending and surrendering the 
indictee in question to the court of jurisdiction; 
(B) a strategy, including a timeline, for bringing the 
indictee before such court; and 
(C) the justification for exercising the waiver authority. 
(j) ZIMBABWE.— 
(1) The Secretary of the Treasury shall instruct the United 
States executive director of each international financial institu-
tion to vote against any extension by the respective institution 
of any loans or grants to the Government of Zimbabwe, except 
to meet basic human needs or to promote democracy, unless 
the Secretary of State determines and reports in writing to 
the Committees on Appropriations that the rule of law has 
been restored in Zimbabwe, including respect for ownership 
and title to property, freedom of speech and association. 
(2) None of the funds appropriated by this Act shall be 
made available for assistance for the central Government of 
Zimbabwe, except for health, education, and macroeconomic 
growth assistance, unless the Secretary of State makes the 
determination required in paragraph (1). 
ASIA 
SEC. 7044. (a) TIBET.— 
(1) The Secretary of the Treasury should instruct the 
United States executive director of each international financial 
institution to use the voice and vote of the United States 
to support projects in Tibet if such projects do not provide 
incentives for the migration and settlement of non-Tibetans 
into Tibet or facilitate the transfer of ownership of Tibetan 
land and natural resources to non-Tibetans; are based on a 
thorough needs-assessment; foster self-sufficiency of the 
Tibetan people and respect Tibetan culture and traditions; and 
are subject to effective monitoring. 
(2) Notwithstanding any other provision of law, funds 
appropriated by this Act under the heading ‘‘Economic Support 
Fund’’ shall be made available to nongovernmental organiza-
tions to support activities which preserve cultural traditions 
and promote sustainable development and environmental con-
servation 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 ‘‘Eco-
nomic 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 avail-
able for programs along Burma’s borders and for Burmese 
groups and organizations located outside Burma, and may be 
Loans. 
50 USC 1701 
note. 
Loans. 
Grants. 
Determination. 
Reports. 
22 USC 2151 
note. 
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125 STAT. 1231 
PUBLIC LAW 112–74—DEC. 23, 2011 
made available to support programs in Burma: Provided fur-
ther, That in addition to assistance for Burmese refugees appro-
priated 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, med-
ical, 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 Commit-
tees 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 corrup-
tion and mismanagement within the tribunal. 
(d) INDONESIA.—Of the funds appropriated by this Act under 
the heading ‘‘Foreign Military Financing Program’’ that are avail-
able for assistance for Indonesia, $2,000,000 may not be obligated 
until the Secretary of State submits to the Committees on Appro-
priations the report on Indonesia required under such heading 
in Senate Report 112–85. 
(e) NORTH KOREA.—None of the funds made available by this 
Act under the heading ‘‘Economic Support Fund’’ may be made 
available for energy-related assistance for North Korea. 
(f) PEOPLE’S REPUBLIC OF CHINA.— 
(1) None of the funds appropriated under the heading ‘‘Dip-
lomatic 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 avail-
able for assistance for the Philippines, $3,000,000 may not be obli-
gated 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 ‘‘Eco-
nomic 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 mili-
tary, for such purposes, and funds under the heading ‘‘Development 
Reports. 
Applicability. 
People’s 
Liberation Army. 
Exports and 
imports. 
Deadline. 
Notification. 
Reports. 
Certification. 
Consultation. 
Notification. 
Thailand. 
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125 STAT. 1232 
PUBLIC LAW 112–74—DEC. 23, 2011 
Assistance’’ shall be made available for related health/disability 
activities. 
WESTERN HEMISPHERE 
SEC. 7045. (a) COLOMBIA.— 
(1) Funds appropriated by this Act and made available 
to the Department of State for assistance to the Government 
of Colombia may be used to support a unified campaign against 
narcotics trafficking, illegal armed groups, and organizations 
designated as Foreign Terrorist Organizations and successor 
organizations, and to take actions to protect human health 
and welfare in emergency circumstances, including undertaking 
rescue operations: Provided, That no United States Armed 
Forces personnel or United States civilian contractor employed 
by the United States will participate in any combat operation 
in connection with assistance made available by this Act for 
Colombia: Provided further, That rotary and fixed wing aircraft 
supported with funds appropriated under the heading ‘‘Inter-
national Narcotics Control and Law Enforcement’’ for assistance 
for Colombia may be used for aerial or manual drug eradication 
and interdiction including to transport personnel and supplies 
and to provide security for such operations: Provided further, 
That such aircraft may also be used to provide transport in 
support of alternative development programs and investigations 
by civilian judicial authorities: Provided further, That the Presi-
dent shall ensure that if any helicopter procured with funds 
in this Act or prior Acts making appropriations for the Depart-
ment of State, foreign operations, and related programs, is 
used to aid or abet the operations of any illegal self-defense 
group, paramilitary organization, or other illegal armed group 
in Colombia, such helicopter shall be immediately returned 
to the United States: Provided further, That none of the funds 
appropriated by this Act or prior Acts making appropriations 
for the Department of State, foreign operations, and related 
programs may be made available for assistance for the Colom-
bian Departamento Administrativo de Seguridad or successor 
organizations: Provided further, That none of the funds appro-
priated 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: Pro-
vided further, That any complaints of harm to health or licit 
crops caused by aerial eradication shall be thoroughly inves-
tigated 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 pro-
grams 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 eradi-
cation: Provided further, That funds appropriated by this Act 
may not be used for aerial eradication in Colombia’s national 
parks or reserves unless the Secretary of State certifies to 
Certification. 
President. 
Helicopters. 
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125 STAT. 1233 
PUBLIC LAW 112–74—DEC. 23, 2011 
the Committees on Appropriations that there are no effective 
alternatives and the eradication is in accordance with Colom-
bian 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: Pro-
vided, 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 Enforce-
ment’’ 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 Nar-
cotics 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 Colom-
bian and international human rights organizations. 
(3) ILLEGAL ARMED GROUPS.— 
(A) DENIAL OF VISAS.—Subject to paragraph (B), the 
Secretary of State shall not issue a visa to any alien who 
the Secretary determines, based on credible information— 
(i) has willfully provided any support to or bene-
fitted 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 Sec-
retary of State certifies to the Committees on Appropria-
tions, 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 Guate-
malan 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 pur-
chase defense articles and services under the Arms Export Control 
Act (22 U.S.C. 2751 et seq.) for the Coast Guard. 
(d) HONDURAS.—Prior to the obligation of 20 percent of the 
funds appropriated by this Act that are available for assistance 
for Honduran military and police forces, the Secretary of State 
shall report in writing to the Committees on Appropriations that: 
the Government of Honduras is implementing policies to protect 
freedom of expression and association, and due process of law; 
and is investigating and prosecuting in the civilian justice system, 
Reports. 
Certification. 
Consultations. 
Certification. 
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125 STAT. 1234 
PUBLIC LAW 112–74—DEC. 23, 2011 
in accordance with Honduran and international law, military and 
police personnel who are credibly alleged to have violated human 
rights, and the Honduran military and police are cooperating with 
civilian judicial authorities in such cases: Provided, That the restric-
tion 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 Mexi-
can military and police forces, the Secretary of State shall report 
in writing to the Committees on Appropriations that: the Govern-
ment 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 testi-
mony obtained through torture; and the Mexican military and police 
are cooperating with civilian judicial authorities in such cases: 
Provided, That the restriction in this subsection shall not apply 
to assistance to promote transparency, anti-corruption and the rule 
of law within the military and police forces. 
(f) TRADE CAPACITY.—Of the funds appropriated by this Act, 
not less than $10,000,000 under the heading ‘‘Development Assist-
ance’’ 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 max-
imum 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 other-
wise 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 Govern-
ment of Afghanistan until the Secretary of State, in consultation 
with the Administrator of the United States Agency for Inter-
national 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 ‘‘Administra-
tor’s Sustainability Guidance for USAID in Afghanistan’’. 
(B) The Government of Afghanistan is— 
(i) reducing corruption and improving governance, 
including by investigating, prosecuting, sanctioning or 
removing corrupt officials from office and implementing 
financial transparency and accountability measures for 
government institutions and officials (including the 
Central Bank) as well as conducting oversight of public 
resources; 
(ii) taking credible steps to protect the human 
rights of Afghan women; and 
(iii) taking significant steps to facilitate active 
public participation in governance and oversight. 
Consultation. 
Certification. 
Reports. 
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125 STAT. 1235 
PUBLIC LAW 112–74—DEC. 23, 2011 
(C) Funds will be used to support and strengthen the 
capacity of Afghan public and private institutions and enti-
ties to reduce corruption and to improve transparency and 
accountability of national, provincial and local govern-
ments. 
(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 spe-
cific 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 Afghani-
stan Reconstruction Trust Fund (ARTF) unless the Sec-
retary of State determines and reports to the Committees 
on Appropriations that the World Bank Monitoring Agent 
of the ARTF is unable to conduct its financial control 
and audit responsibilities due to restrictions on security 
personnel by the Government of Afghanistan. 
(B) Funds appropriated under the headings ‘‘Economic 
Support Fund’’ and ‘‘International Narcotics Control and 
Law Enforcement’’ in this Act that are available for assist-
ance for Afghanistan— 
(i) shall be made available, to the maximum extent 
practicable, in a manner that emphasizes the participa-
tion of Afghan women, and directly improves the secu-
rity, 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 implementa-
tion 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 secu-
rity forces, for any leader of an armed group 
responsible for crimes against humanity, war 
crimes, or acts of terrorism; and 
Determination. 
Reports. 
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125 STAT. 1236 
PUBLIC LAW 112–74—DEC. 23, 2011 
(iii) may be made available for a United States 
contribution to the North Atlantic Treaty Organization/ 
International Security Assistance Force Post-Oper-
ations Humanitarian Relief Fund. 
(C) The authority contained in section 1102(c) of Public 
Law 111–32 shall continue in effect during fiscal year 
2012 and shall apply as if part of this Act. 
(D)(i) Of the funds appropriated by this Act that are 
made available for assistance for Afghanistan, not less 
than $50,000,000 shall be made available for rule of law 
programs: Provided, That decisions on the uses of such 
funds shall be the responsibility of the Coordinator for 
Rule of Law, in consultation with the Interagency Planning 
and Implementation Team, at the United States Embassy 
in Kabul, Afghanistan: Provided further, That $250,000 
of such funds shall be transferred to, and merged with, 
funds appropriated under the heading ‘‘Office of Inspector 
General’’ in title I of this Act for oversight of such programs 
and activities. 
(ii) The Coordinator for Rule of Law at the United 
States Embassy in Kabul, Afghanistan shall be consulted 
on the use of all funds appropriated by this Act for rule 
of law programs in Afghanistan. 
(E) None of the funds made available by this Act 
may be used by the United States Government to enter 
into a permanent basing rights agreement between the 
United States and Afghanistan. 
(F) Any significant modification to the scope, objectives 
or implementation mechanisms of United States assistance 
programs in Afghanistan shall be subject to prior consulta-
tion with, and the regular notification procedures of, the 
Committees on Appropriations, except that the prior con-
sultation requirement may be waived in a manner con-
sistent 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 sec-
tion 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 Afghani-
stan 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 ‘‘For-
eign Military Financing Program’’ may be made available for 
assistance for Nepal only if the Secretary of State certifies 
Certification. 
Deadline. 
Audit. 
Inspection plan. 
Deadline. 
Reports. 
Extension. 
Applicability. 
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125 STAT. 1237 
PUBLIC LAW 112–74—DEC. 23, 2011 
to the Committees on Appropriations that the Nepal Army 
is— 
(A) cooperating fully with investigations and prosecu-
tions 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 account-
ability, and facilitate the integration of former rebel 
combatants into the security forces including the Nepal 
Army, consistent with the goals of reconciliation, peace 
and stability. 
(2) The conditions in paragraph (1) shall not apply to 
assistance for humanitarian relief and reconstruction activities 
in Nepal. 
(c) PAKISTAN.— 
(1) CERTIFICATION.— 
(A) None of the funds appropriated or otherwise made 
available by this Act under the headings ‘‘Economic Support 
Fund’’, ‘‘International Narcotics Control and Law Enforce-
ment’’, ‘‘Foreign Military Financing Program’’, and ‘‘Paki-
stan 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 counter-
terrorism 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 
Waiver authority. 
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125 STAT. 1238 
PUBLIC LAW 112–74—DEC. 23, 2011 
Pakistan may be made available only to support counterter-
rorism and counterinsurgency capabilities in Pakistan, and 
are subject to section 620M of the Foreign Assistance Act 
of 1961, as amended by this Act. 
(B) Funds appropriated by this Act under the heading 
‘‘Economic Support Fund’’ for assistance for Pakistan 
should be made available to interdict precursor materials 
from Pakistan to Afghanistan that are used to manufacture 
improvised explosive devices, including calcium ammonium 
nitrate; to support programs to train border and customs 
officials in Pakistan and Afghanistan; and for agricultural 
extension programs that encourage alternative fertilizer 
use among Pakistani farmers. 
(C) Of the funds appropriated by this Act under the 
heading ‘‘Economic Support Fund’’ for assistance for Paki-
stan, $10,000,000 shall be made available through the 
Bureau of Democracy, Human Rights and Labor, Depart-
ment of State, for human rights and democracy programs 
in Pakistan, including training of government officials and 
security forces, and assistance for human rights organiza-
tions 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 author-
ized 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 condi-
tions 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 bench-
marks. 
(B) Not later than 90 days after enactment of this 
Act, the Secretary of State shall submit a report to the 
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125 STAT. 1239 
PUBLIC LAW 112–74—DEC. 23, 2011 
Committees on Appropriations detailing the costs and 
objectives associated with significant infrastructure projects 
supported by the United States in Pakistan, and an assess-
ment of the extent to which such projects achieve such 
objectives. 
(d) SRI LANKA.— 
(1) None of the funds appropriated by this Act under the 
heading ‘‘Foreign Military Financing Program’’ may be made 
available for assistance for Sri Lanka, no defense export license 
may be issued, and no military equipment or technology shall 
be sold or transferred to Sri Lanka pursuant to the authorities 
contained in this Act or any other Act, unless the Secretary 
of State certifies to the Committees on Appropriations that 
the Government of Sri Lanka is— 
(A) conducting credible, thorough investigations of 
alleged war crimes and violations of international humani-
tarian 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 humani-
tarian 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 assist-
ance 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 institu-
tions 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 Appropria-
tions that the Government of Sri Lanka is meeting the require-
ments 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 assist-
ance for Afghanistan and Pakistan may be provided notwith-
standing any other provision of law that restricts assistance to 
foreign countries for cross border stabilization and development 
programs between Afghanistan and Pakistan or between either 
country and the Central Asian republics. 
Certification. 
Certification. 
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125 STAT. 1240 
PUBLIC LAW 112–74—DEC. 23, 2011 
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS 
SEC. 7047. None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for carrying out the 
Foreign Assistance Act of 1961, may be used to pay in whole 
or in part any assessments, arrearages, or dues of any member 
of the United Nations or, from funds appropriated by this Act 
to carry out chapter 1 of part I of the Foreign Assistance Act 
of 1961, the costs for participation of another country’s delegation 
at international conferences held under the auspices of multilateral 
or international organizations. 
WAR CRIMES TRIBUNALS DRAWDOWN 
SEC. 7048. If the President determines that doing so will con-
tribute 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 Assist-
ance 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 notifica-
tion 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 adjudica-
tive bodies, results that eliminate the effects of retaliation, 
and statutes of limitation for reporting retaliation. 
(2) The Secretary may waive the restriction in this sub-
section if the Secretary determines and reports that to do 
so is in the national interest of the United States. 
(b) RESTRICTIONS
ON
UNITED
NATIONS
DELEGATIONS
AND 
ORGANIZATIONS.— 
Terrorism. 
Waiver authority. 
Public 
information. 
Web site. 
Determination. 
Reports. 
Notification. 
President. 
Determination. 
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125 STAT. 1241 
PUBLIC LAW 112–74—DEC. 23, 2011 
(1) None of the funds made available under title I of this 
Act may be used to pay expenses for any United States delega-
tion to any specialized agency, body, or commission of the 
United Nations if such commission is chaired or presided over 
by a country, the government of which the Secretary of State 
has determined, for purposes of section 6(j)(1) of the Export 
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports 
international terrorism. 
(2) None of the funds made available under title I of this 
Act may be used by the Secretary of State as a contribution 
to any organization, agency, or program within the United 
Nations system if such organization, agency, commission, or 
program is chaired or presided over by a country, the govern-
ment of which the Secretary of State has determined, for pur-
poses 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 appro-
priated by this Act may be made available for voluntary contribu-
tions 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 accom-
panying the Supplemental Appropriations Act, 2009 (Public Law 
111–32, House Report 111–151) under the heading ‘‘Migration and 
Refugee Assistance’’ in title XI shall apply to funds made available 
by this Act under such heading. 
(e) UNITED NATIONS CAPITAL MASTER PLAN.—None of the funds 
made available in this Act for the United Nations Capital Master 
Plan may be used for the design, renovation, or construction of 
the United Nations Headquarters in New York in excess of the 
United States payment for the assessment agreed upon pursuant 
to paragraph 10 of United Nations General Assembly Resolution 
61/251. 
(f) REPORTING REQUIREMENT.—Not later than 30 days after 
enactment of this Act, the Secretary of State shall submit a report 
to the Committees on Appropriation detailing the amount of funds 
available for obligation or expenditure in fiscal year 2012 under 
the headings ‘‘Contributions to International Organizations’’ and 
‘‘International Organizations and Programs’’ that are withheld from 
obligation or expenditure due to any provision of law: Provided, 
That the Secretary of State shall update such report each time 
additional funds are withheld by operation of any provision of 
Applicability. 
Reports. 
Deadline. 
Determination. 
Reports. 
Waiver authority. 
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125 STAT. 1242 
PUBLIC LAW 112–74—DEC. 23, 2011 
law: Provided further, That the reprogramming of any withheld 
funds identified in such report, including updates thereof, shall 
be subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations. 
COMMUNITY-BASED POLICE ASSISTANCE 
SEC. 7050. (a) AUTHORITY.—Funds made available by titles 
III and IV of this Act to carry out the provisions of chapter 1 
of part I and chapters 4 and 6 of part II of the Foreign Assistance 
Act of 1961, may be used, notwithstanding section 660 of that 
Act, to enhance the effectiveness and accountability of civilian police 
authority through training and technical assistance in human 
rights, the rule of law, anti-corruption, strategic planning, and 
through assistance to foster civilian police roles that support demo-
cratic governance including assistance for programs to prevent con-
flict, 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 nongovern-
mental 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 pro-
grams 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 des-
ignated country or region: Provided, That any such transfer shall 
Applicability. 
Determination. 
Reports. 
Definition. 
Deadline. 
Consultation. 
Notification. 
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125 STAT. 1243 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Depart-
ment 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 coordi-
nated under the authority of the appropriate Chief of Mission: 
Provided, That such aircraft may be used to transport, on 
a reimbursable or non-reimbursable basis, Federal and non- 
Federal personnel supporting Department of State and USAID 
programs and activities: Provided further, That official travel 
for other agencies for other purposes may be supported on 
a reimbursable basis, or without reimbursement when traveling 
on a space available basis. 
(2) The requirement and authorities of this subsection shall 
only apply to aircraft, the primary purpose of which is the 
transportation of personnel. 
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN 
GOVERNMENTS 
SEC. 7053. The terms and conditions of section 7055 of division 
F of Public Law 111–117 shall apply to this Act: Provided, That 
the date ‘‘September 30, 2009’’ in subsection (f)(2)(B) shall be 
deemed to be ‘‘September 30, 2011’’. 
LANDMINES AND CLUSTER MUNITIONS 
SEC. 7054. (a) LANDMINES.—Notwithstanding any other provi-
sion 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 fur-
nished for cluster munitions, no defense export license for cluster 
munitions may be issued, and no cluster munitions or cluster muni-
tions 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 tech-
nology specifies that the cluster munitions will only be used 
against clearly defined military targets and will not be used 
where civilians are known to be present or in areas normally 
inhabited by civilians. 
PROHIBITION ON PUBLICITY OR PROPAGANDA 
SEC. 7055. No part of any appropriation contained in this 
Act shall be used for publicity or propaganda purposes within 
the United States not authorized before the date of the enactment 
of this Act by the Congress: Provided, That not to exceed $25,000 
Applicability. 
Applicability. 
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125 STAT. 1244 
PUBLIC LAW 112–74—DEC. 23, 2011 
may be made available to carry out the provisions of section 316 
of Public Law 96–533. 
LIMITATION ON RESIDENCE EXPENSES 
SEC. 7056. Of the funds appropriated or made available pursu-
ant to title II of this Act, not to exceed $100,500 shall be for 
official residence expenses of the United States Agency for Inter-
national Development during the current fiscal year: Provided, That 
appropriate steps shall be taken to assure that, to the maximum 
extent possible, United States-owned foreign currencies are utilized 
in lieu of dollars. 
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT 
MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds 
made available in title III of this Act to carry out the provisions 
of part I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ‘‘Assistance for Europe, Eurasia 
and Central Asia’’, may be used by the United States Agency 
for International Development (USAID) to hire and employ individ-
uals 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, Eur-
asia 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 avail-
able to carry out this section may be transferred to, and merged 
with, funds appropriated by this Act in title II under the heading 
‘‘Operating Expenses’’. 
(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired 
and employed by USAID, with funds made available in this Act 
or prior Acts making appropriations for the Department of State, 
foreign operations, and related programs, pursuant to the authority 
of section 309 of the Foreign Service Act of 1980, may be extended 
for a period of up to 4 years notwithstanding the limitation set 
forth in such section. 
(f) DISASTER SURGE CAPACITY.—Funds appropriated under title 
III of this Act to carry out part I of the Foreign Assistance Act 
of 1961, including funds appropriated under the heading ‘‘Assistance 
for Europe, Eurasia and Central Asia’’, may be used, in addition 
Notification. 
22 USC 3948 
note. 
22 USC 3948 
note. 
22 USC 3948 
note. 
Expiration date. 
22 USC 3948 
note. 
22 USC 3948 
note. 
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125 STAT. 1245 
PUBLIC LAW 112–74—DEC. 23, 2011 
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 Appro-
priations. 
(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 
this Act to carry out chapter 1 of part I, chapter 4 of part II, 
and section 667 of the Foreign Assistance Act of 1961, and title 
II of the Agricultural Trade Development and Assistance Act of 
1954, may be used by USAID to employ up to 40 personal services 
contractors in the United States, notwithstanding any other provi-
sion 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 indefi-
nite-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.—Individ-
uals 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 avail-
able in this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs. 
GLOBAL HEALTH ACTIVITIES 
SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III 
and IV of this Act that are made available for bilateral assistance 
for child survival activities or disease programs including activities 
relating to research on, and the prevention, treatment and control 
of, HIV/AIDS may be made available notwithstanding any other 
provision of law except for provisions under the heading ‘‘Global 
Health Programs’’ and the United States Leadership Against HIV/ 
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 
U.S.C. 7601 et seq.), as amended: Provided, That of the funds 
appropriated under title III of this Act, not less than $575,000,000 
should be made available for family planning/reproductive health, 
including in areas where population growth threatens biodiversity 
or endangered species. 
(b) GLOBAL HEALTH MANAGEMENT.— 
(1) Not later than 180 days after enactment of this Act, 
the Secretary of State, in consultation with the Administrator 
of the United States Agency for International Development 
(USAID), shall submit to the Committees on Appropriations 
an analysis of short and long-term costs, to include potential 
cost savings or increases, associated with transitioning the 
function, role, and duties of the Office of the United States 
Global AIDS Coordinator into USAID: Provided, That such 
Deadlines. 
Reports. 
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125 STAT. 1246 
PUBLIC LAW 112–74—DEC. 23, 2011 
report shall also assess any programmatic advantages and dis-
advantages, 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 leader-
ship of the Global Health Initiative (GHI) to USAID, to include 
the following— 
(i) the metrics developed to measure progress in 
meeting each benchmark enumerated in Appendix 2 of 
the QDDR and the method utilized to develop such metrics; 
and 
(ii) the status of, and estimated completion date for, 
meeting each benchmark. 
(B) Within 90 days of submitting the initial report required 
by subparagraph (A), and each 90 days thereafter until the 
GHI transition is completed, an update shall be provided to 
the Committees on Appropriations on the status of meeting 
each benchmark: Provided, That if as part of any such update 
it is determined that the QDDR target date of September 
2012 will not be met, the Secretary of State, in consultation 
with the USAID Administrator, shall submit a detailed expla-
nation 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, Tuber-
culosis and Malaria (Global Fund), 10 percent should be with-
held 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 pub-
lish 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 whistle-
blower policy to protect whistleblowers from retaliation, 
including confidential procedures for reporting possible mis-
conduct or irregularities. 
(2) The withholding required by this subsection shall not 
be in addition to funds that are withheld from the Global 
Fund in fiscal year 2012 pursuant to the application of any 
other provision contained in this or any other Act. 
(d) PANDEMIC RESPONSE.—If the President determines and 
reports to the Committees on Appropriations that a pandemic virus 
President. 
Determination. 
Reports. 
Determination. 
Reports. 
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125 STAT. 1247 
PUBLIC LAW 112–74—DEC. 23, 2011 
is efficient and sustained, severe, and is spreading internationally, 
funds made available under titles III, IV, and VIII in this Act 
and prior Acts making appropriations for the Department of State, 
foreign operations, and related programs may be made available 
to combat such virus: Provided, That funds made available pursuant 
to the authority of this subsection shall be subject to prior consulta-
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 prod-
ucts, 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 opportuni-
ties 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 decision-
making. 
(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, measur-
able commitments to— 
(1) promote the active and meaningful participation of 
women in affected areas in all aspects of conflict prevention, 
management, and resolution; 
(2) integrate the perspectives and interests of affected 
women into conflict-prevention activities and strategies; 
(3) promote the physical safety, economic security, and 
dignity of women and girls; 
National Action 
Plan. 
Consultation. 
Notification. 
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125 STAT. 1248 
PUBLIC LAW 112–74—DEC. 23, 2011 
(4) support women’s equal access to aid distribution mecha-
nisms and services; and 
(5) monitor, analyze and evaluate implementation efforts 
and their impact. 
(f) The Department of State and the United States Agency 
for International Development shall fully integrate gender into all 
diplomatic and development efforts through the inclusion of gender 
in strategic planning and budget allocations, and the development 
of indicators and evaluation mechanisms to measure the impact 
of United States policies and programs on women and girls in 
foreign countries. 
GENDER-BASED VIOLENCE 
SEC. 7061. (a) Funds appropriated under the headings ‘‘Global 
Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic Support 
Fund’’, and ‘‘International Narcotics Control and Law Enforcement’’ 
in this Act shall be made available for gender-based violence preven-
tion 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 avail-
able for assistance for higher education, of which $25,000,000 
shall be to support such programs in Africa, including for 
partnerships between higher education institutions in Africa 
and the United States. 
(b) DEVELOPMENT GRANTS PROGRAM.—Of the funds appro-
priated in title III of this Act, not less than $45,000,000 shall 
be made available for the Development Grants Program established 
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125 STAT. 1249 
PUBLIC LAW 112–74—DEC. 23, 2011 
pursuant to section 674 of the Department of State, Foreign Oper-
ations, 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 nongovern-
mental organizations: Provided, That funds made available under 
this subsection are in addition to other funds available for such 
purposes including funds designated by this Act by subsection (f). 
(c) ENVIRONMENT PROGRAMS.— 
(1) IN GENERAL.—Of the funds appropriated by this Act, 
not less than $1,250,000,000 should be made available for pro-
grams 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 pri-
mary 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 notifica-
tion 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 reg-
ular notification procedures of, the Committees on Appropria-
tions. 
(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 sec-
tion 8204 of Public Law 110–246 and the Kimberley Process 
Certification Scheme, and providing technical assistance 
to promote independent audit mechanisms and support 
civil society participation in natural resource management. 
(B)(i) The Secretary of the Treasury shall inform the 
managements of the international financial institutions and 
post on the Department of the Treasury’s Web site that 
it is the policy of the United States to vote against any 
Web posting. 
Notification. 
Notification. 
Extension. 
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125 STAT. 1250 
PUBLIC LAW 112–74—DEC. 23, 2011 
assistance by such institutions (including but not limited 
to any loan, credit, grant, or guarantee) for the extraction 
and export of a natural resource if the government of 
the country has in place laws or regulations to prevent 
or limit the public disclosure of company payments as 
required by section 1504 of Public Law 111–203, and unless 
such government has in place functioning systems in the 
sector in which assistance is being considered for: 
(I) accurately accounting for and public disclosure 
of payments to the host government by companies 
involved in the extraction and export of natural 
resources; 
(II) the independent auditing of accounts receiving 
such payments and public disclosure of the findings 
of such audits; and 
(III) public disclosure of such documents as Host 
Government Agreements, Concession Agreements, and 
bidding documents, allowing in any such dissemination 
or disclosure for the redaction of, or exceptions for, 
information that is commercially proprietary or that 
would create competitive disadvantage. 
(ii) The requirements of subparagraph (i) shall not 
apply to assistance for the purpose of building the capacity 
of such government to meet the requirements of this para-
graph. 
(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 expan-
sion 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 Collabo-
rative 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 appro-
priated by this Act, not less than $265,000,000 should be made 
available for microenterprise and microfinance development pro-
grams for the poor, especially women. 
(f) RECONCILIATION PROGRAMS.—(1) Of the funds appropriated 
by title III of this Act under the headings ‘‘Economic Support 
Fund’’ and ‘‘Development Assistance’’, $26,000,000 shall be made 
available to support people-to-people reconciliation programs which 
bring together individuals of different ethnic, religious and political 
backgrounds from areas of civil strife and war, of which $10,000,000 
shall be made available for such programs in the Middle East: 
Provided, That the Administrator of the United States Agency 
for International Development shall consult with the Committees 
Consultation. 
22 USC 7909 
note. 
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125 STAT. 1251 
PUBLIC LAW 112–74—DEC. 23, 2011 
on Appropriations, prior to the initial obligation of funds, on the 
uses of such funds. 
(2) Of the funds appropriated by title III of this Act under 
the headings ‘‘Economic Support Fund’’ and ‘‘Development Assist-
ance’’, $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 Pales-
tinian 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 Enforce-
ment’’, 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 Appropria-
tions. 
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 (divi-
sion 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 expendi-
tures 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 fur-
ther, 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 inter-
national military education and training. 
Reports. 
Deadline. 
Reports. 
Deadline. 
Applicability. 
Waiver authority. 
Time periods. 
Termination 
date. 
Certification. 
Afghanistan. 
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125 STAT. 1252 
PUBLIC LAW 112–74—DEC. 23, 2011 
REQUESTS FOR DOCUMENTS 
SEC. 7064. None of the funds appropriated or made available 
pursuant to titles III through VI of this Act shall be available 
to a nongovernmental organization, including any contractor, which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency 
for International Development. 
OVERSEAS PRIVATE INVESTMENT CORPORATION 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7065. (a) Whenever the President determines that it is 
in furtherance of the purposes of the Foreign Assistance Act of 
1961, up to a total of $20,000,000 of the funds appropriated under 
title III of this Act may be transferred to, and merged with, funds 
appropriated by this Act for the Overseas Private Investment Cor-
poration 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 Appropria-
tions. 
(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 sub-
section (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, notwith-
standing section 660 of the Foreign Assistance Act of 1961, for 
assistance to eliminate inhumane conditions in foreign prisons and 
other detention facilities. 
PROHIBITION ON USE OF TORTURE 
SEC. 7067. (a) None of the funds made available in this Act 
may be used to support or justify the use of torture, cruel or 
Deadline. 
Reports. 
Public 
information. 
Web posting. 
Extension. 
22 USC 2194 
note. 
Notification. 
President. 
Determination. 
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125 STAT. 1253 
PUBLIC LAW 112–74—DEC. 23, 2011 
inhumane treatment by any official or contract employee of the 
United States Government. 
(b) Funds appropriated by this Act to carry out the provisions 
of chapters 1, 10, 11, and 12 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961, and the Support for 
East European Democracy (SEED) Act of 1989, shall be made 
available, notwithstanding section 660 of the Foreign Assistance 
Act of 1961, for assistance to eliminate torture by foreign police, 
military or other security forces in countries receiving assistance 
from funds appropriated by this Act that are identified in the 
Department of State’s most recent Country Reports on Human 
Rights Practices. 
EXTRADITION 
SEC. 7068. (a) None of the funds appropriated in this Act 
may be used to provide assistance (other than funds provided under 
the headings ‘‘International Narcotics Control and Law Enforce-
ment’’, ‘‘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 imprison-
ment without the possibility of parole or for killing a law enforce-
ment 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 sub-
section (a) on a case-by-case basis if the Secretary certifies to 
the Committees on Appropriations that such waiver is important 
to the national interests of the United States. 
COMMERCIAL LEASING OF DEFENSE ARTICLES 
SEC. 7069. Notwithstanding any other provision of law, and 
subject to the regular notification procedures of the Committees 
on Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt 
and NATO and major non-NATO allies for the procurement by 
leasing (including leasing with an option to purchase) of defense 
articles from United States commercial suppliers, not including 
Major Defense Equipment (other than helicopters and other types 
of aircraft having possible civilian application), if the President 
determines that there are compelling foreign policy or national 
security reasons for those defense articles being provided by 
commercial lease rather than by government-to-government sale 
under such Act. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 7070. (a) None of the funds appropriated under the 
heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall 
be made available for assistance for a government of an Independent 
State of the former Soviet Union if that government directs any 
President. 
Determinations. 
Notification. 
President. 
Determination. 
Waiver authority. 
Certification. 
Applicability. 
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125 STAT. 1254 
PUBLIC LAW 112–74—DEC. 23, 2011 
action in violation of the territorial integrity or national sovereignty 
of any other Independent State of the former Soviet Union, such 
as those violations included in the Helsinki Final Act: Provided, 
That such funds may be made available without regard to the 
restriction in this subsection if the President determines that to 
do so is in the national security interest of the United States. 
(b)(1) Of the funds appropriated under the heading ‘‘Assistance 
for Europe, Eurasia and Central Asia’’ that are allocated for assist-
ance 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 pro-
vide Iran with technical expertise, training, technology, or 
equipment necessary to develop a nuclear reactor, related 
nuclear research facilities or programs, or ballistic missile capa-
bility; 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 assist-
ance provided by the Overseas Private Investment Corporation 
under title IV of chapter 2 of part I of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2191 et seq.); 
(5) any financing provided under the Export-Import Bank 
Act of 1945; or 
(6) humanitarian assistance. 
INTERNATIONAL MONETARY FUND 
SEC. 7071. (a) The terms and conditions of sections 7086(b) 
(1) and (2) and 7090(a) of division F of Public Law 111–117 shall 
apply to this Act. 
(b) The Secretary of the Treasury shall instruct the United 
States Executive Director of the International Monetary Fund (IMF) 
to seek to ensure that any loan will be repaid to the IMF before 
other private creditors. 
Applicability. 
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125 STAT. 1255 
PUBLIC LAW 112–74—DEC. 23, 2011 
(c) The Secretary of the Treasury shall seek to ensure that 
the IMF is implementing best practices for the protection of whistle-
blowers from retaliation, including best practices for legal burdens 
of proof, access to independent adjudicative bodies, results that 
eliminate the effects of retaliation, and statutes of limitation for 
reporting retaliation. 
REPRESSION IN THE RUSSIAN FEDERATION 
SEC. 7072. (a) None of the funds appropriated under the 
heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ in this 
Act may be made available for the Government of the Russian 
Federation, after 180 days from the date of the enactment of this 
Act, unless the Secretary of State certifies to the Committees on 
Appropriations that the Government of the Russian Federation: 
(1) has implemented no statute, Executive order, regulation 
or similar government action that would discriminate, or which 
has as its principal effect discrimination, against religious 
groups or religious communities in the Russian Federation 
in violation of accepted international agreements on human 
rights and religious freedoms to which the Russian Federation 
is a party; 
(2) is honoring its international obligations regarding 
freedom of expression, assembly, and press, as well as due 
process; 
(3) is investigating and prosecuting law enforcement per-
sonnel 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 Inter-
national 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 coun-
tries: Provided, That of the funds made available by this section, 
up to 7 percent may be for management, oversight, and technical 
support. 
Waiver authority. 
Determination. 
Time period. 
Certification. 
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125 STAT. 1256 
PUBLIC LAW 112–74—DEC. 23, 2011 
ENTERPRISE FUNDS 
SEC. 7075. (a) Prior to the distribution of any assets resulting 
from any liquidation, dissolution, or winding up of an Enterprise 
Fund, in whole or in part, the President shall submit to the Commit-
tees 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 notifica-
tion 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 deter-
mines and reports to the Committees on Appropriations that such 
program poses an undue security risk and that it cannot be con-
ducted 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 pro-
grams, award contracts and other acquisition instruments in which 
competition is limited to local entities if doing so would result 
in cost savings, develop local capacity, or enable the USAID 
Administrator to initiate a program or activity in appreciably less 
time than if competition were not so limited: Provided, That the 
authority provided in this section may not be used to make awards 
in excess of $5,000,000 and shall not exceed more than 10 percent 
of the funds made available to USAID under this Act for assistance 
programs: Provided further, That such authority shall be available 
to support a pilot program with such funds: Provided further, That 
the USAID Administrator shall consult with the Committees on 
Consultation. 
Determination. 
Reports. 
Visas. 
Foreign 
countries. 
President. 
Notifications. 
Distribution 
plan. 
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125 STAT. 1257 
PUBLIC LAW 112–74—DEC. 23, 2011 
Appropriations and relevant congressional committees on the 
results of such pilot program. 
(b) For the purposes of this section, local entity means an 
individual, a corporation, a nonprofit organization, or another body 
of persons that— 
(1) is legally organized under the laws of; 
(2) has as its principal place of business or operations 
in; and 
(3) either is— 
(A) majority owned by individuals who are citizens 
or lawful permanent residents of; or 
(B) managed by a governing body the majority of whom 
are citizens or lawful permanent residents of; 
a country receiving assistance from funds appropriated under 
title III of this Act. 
(c) For purposes of this section, ‘‘majority owned’’ and ‘‘managed 
by’’ include, without limitation, beneficiary interests and the power, 
either directly or indirectly, whether exercised or exercisable, to 
control the election, appointment, or tenure of the organization’s 
managers or a majority of the organization’s governing body by 
any means. 
OPERATING AND SPEND PLANS 
SEC. 7078. (a) OPERATING PLANS.—Not later than 30 days after 
the date of enactment of this Act, each department, agency or 
organization funded in titles I and II, and the Department of 
the Treasury and Independent Agencies funded in title III of this 
Act shall submit to the Committees on Appropriations an operating 
plan for funds appropriated to such department, agency, or 
organization in such titles of this Act, or funds otherwise available 
for obligation in fiscal year 2012, that provides details of the use 
of such funds at the program, project, and activity level. 
(b) SPEND PLANS.—Prior to the initial obligation of funds, the 
Secretary of State, in consultation with the Administrator of the 
United States Agency for International Development, shall submit 
to the Committees on Appropriations a detailed spend plan for 
the following— 
(1) funds appropriated under the heading ‘‘Democracy 
Fund’’; 
(2) funds made available in titles III and IV of this Act 
for assistance for Iraq, Haiti, Colombia, and Mexico, for the 
Caribbean Basin Security Initiative, and for the Central Amer-
ican 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 pro-
grams. 
(c) NOTIFICATIONS.—The spend plans referenced in subsection 
(b) shall not be considered as meeting the notification requirements 
under section 7015 of this Act or under section 634A of the Foreign 
Assistance Act of 1961. 
Deadline. 
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125 STAT. 1258 
PUBLIC LAW 112–74—DEC. 23, 2011 
RESCISSIONS 
SEC. 7079. (a) Of the funds appropriated in prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs under the heading ‘‘Diplomatic and Consular Pro-
grams’’, $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 imple-
menting the rescissions made in this section. 
SPECIAL DEFENSE ACQUISITION FUND 
(INCLUDING LIMITATION ON OBLIGATIONS) 
SEC. 7080. (a) TRANSFER.—Of the funds made available pursu-
ant to the last proviso in the second paragraph under the heading 
‘‘Foreign Military Financing Program’’ in this Act, up to 
$100,000,000 of such funds may be transferred to the Special 
Defense Acquisition Fund pursuant to section 51 of the Arms Export 
Control Act. 
(b) LIMITATION ON OBLIGATIONS.—Not to exceed $100,000,000 
may be obligated pursuant to section 51(c)(2) of the Arms Export 
Control Act for the purposes of the Special Defense Acquisition 
Fund (Fund), to remain available for obligation until September 
30, 2015: Provided, That the provision of defense articles and 
defense services to foreign countries or international organizations 
from the Fund shall be subject to the concurrence of the Secretary 
of State. 
AUTHORITY FOR CAPITAL INCREASES 
SEC. 7081. (a) INTERNATIONAL BANK FOR RECONSTRUCTION AND 
DEVELOPMENT.—The Bretton Woods Agreements Act, as amended 
(22 U.S.C. 286 et seq.), is further amended by adding at the end 
thereof the following new sections: 
Concurrence. 
Consultation. 
Deadline. 
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125 STAT. 1259 
PUBLIC LAW 112–74—DEC. 23, 2011 
‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF 
AGREEMENT OF THE BANK TO INCREASE BASIC VOTES. 
‘‘The United States Governor of the Bank may accept on behalf 
of the United States the amendment to the Articles of Agreement 
of the Bank as proposed in resolution No. 596, entitled ‘Enhancing 
Voice and Participation of Developing and Transition Countries,’ 
of the Board of Governors of the Bank that was approved by 
such Board on January 30, 2009. 
‘‘SEC. 70. CAPITAL STOCK INCREASES. 
‘‘(a) INCREASES AUTHORIZED.—The United States Governor of 
the Bank is authorized— 
‘‘(1)(A) to vote in favor of a resolution to increase the 
capital stock of the Bank on a selective basis by 230,374 shares; 
and 
‘‘(B) to subscribe on behalf of the United States to 38,459 
additional shares of the capital stock of the Bank, as part 
of the selective increase in the capital stock of the Bank, except 
that any subscription to such additional shares shall be effective 
only to such extent or in such amounts as are provided in 
advance in appropriations Acts; 
‘‘(2)(A) to vote in favor of a resolution to increase the 
capital stock of the Bank on a general basis by 484,102 shares; 
and 
‘‘(B) to subscribe on behalf of the United States to 81,074 
additional shares of the capital stock of the Bank, as part 
of the general increase in the capital stock of the Bank, except 
that any subscription to such additional shares shall be effective 
only to such extent or in such amounts as are provided in 
advance in appropriations Acts. 
‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) In order to pay for the increase in the United States 
subscription to the Bank under subsection (a)(2)(B), there are 
authorized to be appropriated, without fiscal year limitation, 
$9,780,361,991 for payment by the Secretary of the Treasury. 
‘‘(2) Of the amount authorized to be appropriated under 
paragraph (2)(A)— 
‘‘(A) $586,821,720 shall be for paid in shares of the 
Bank; and 
‘‘(B) $9,193,540,271 shall be for callable shares of the 
Bank.’’. 
(b) INTERNATIONAL FINANCE CORPORATION.—The International 
Finance Corporation Act, Public Law 84–350, as amended (22 U.S.C. 
282 et seq.), is further amended by adding at the end thereof 
the following new section: 
‘‘SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT OF THE 
ARTICLES OF AGREEMENT. 
‘‘(a) VOTE AUTHORIZED.—The United States Governor of the 
Corporation is authorized to vote in favor of a resolution to increase 
the capital stock of the Corporation by $130,000,000. 
‘‘(b) AMENDMENT OF THE ARTICLES OF AGREEMENT.—The United 
States Governor of the Corporation is authorized to agree to and 
accept an amendment to Article IV, Section 3(a) of the Articles 
of Agreement of the Corporation that achieves an increase in basic 
votes to 5.55 percent of total votes.’’. 
22 USC 282o. 
22 USC 286vv. 
22 USC 286uu. 
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125 STAT. 1260 
PUBLIC LAW 112–74—DEC. 23, 2011 
(c) INTER-AMERICAN DEVELOPMENT BANK.—The Inter-American 
Development Bank Act, Public Law 86–147, as amended (22 U.S.C. 
283 et seq.), is further amended by adding at the end thereof 
the following new section: 
‘‘SEC. 41. NINTH CAPITAL INCREASE. 
‘‘(a) VOTE AUTHORIZED.—The United States Governor of the 
Bank is authorized to vote in favor of a resolution to increase 
the capital stock of the Bank by $70,000,000,000 as described in 
Resolution AG–7/10, ‘Report on the Ninth General Capital Increase 
in the resources of the Inter-American Development Bank’ as 
approved by Governors on July 21, 2010. 
‘‘(b) SUBSCRIPTION AUTHORIZED.— 
‘‘(1) The United States Governor of the Bank may subscribe 
on behalf of the United States to 1,741,135 additional shares 
of the capital stock of the Bank. 
‘‘(2) Any subscription by the United States to the capital 
stock of the Bank shall be effective only to such extent and 
in such amounts as are provided in advance in appropriations 
Acts. 
‘‘(c) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) In order to pay for the increase in the United States 
subscription to the Bank under subsection (b), there are author-
ized 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 author-
ized to be appropriated, without fiscal year limitation, 
$4,322,228,221 for payment by the Secretary of the Treasury. 
‘‘(2) Of the amount authorized to be appropriated under 
paragraph (1)— 
‘‘(A) $259,341,759 shall be for paid in shares of the 
Bank; and 
‘‘(B) $4,062,886,462 shall be for callable shares of the 
Bank.’’. 
(e) EUROPEAN
BANK
FOR
RECONSTRUCTION
AND
DEVELOP-
MENT.—The European Bank for Reconstruction and Development 
22 USC 290l–9. 
22 USC 290i–11. 
22 USC 283z–13. 
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125 STAT. 1261 
PUBLIC LAW 112–74—DEC. 23, 2011 
Act, Section 562(c) of Public Law 101–513, as amended (22 U.S.C. 
290l et seq.), is further amended by adding at the end thereof 
the following new paragraph: 
‘‘(12) CAPITAL INCREASE.— 
‘‘(A) SUBSCRIPTION AUTHORIZED.— 
‘‘(i) The United States Governor of the Bank may 
subscribe on behalf of the United States up to 90,044 
additional callable shares of the capital stock of the 
Bank in accordance with Resolution No. 128 as adopted 
by the Board of Governors of the Bank on May 14, 
2010. 
‘‘(ii) Any subscription by the United States to addi-
tional 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 Sec-
retary 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 manage-
ment and governance, transparency and accountability, focus 
on core mission, and results; 
(2) implementing specific reform commitments agreed to 
by the IDB in Resolution AG–7/10 ‘‘Report on the Ninth General 
Capital Increase in the resources of the Inter-American 
Development Bank’’ as approved by the Governors on July 
12, 2010, including transfers of at least $200,000,000 annually 
to a grant facility for Haiti; 
(3) implementing procurement guidelines that maximize 
international competitive bidding in accordance with sound 
procurement practices, including transparency, competition, 
and cost-effective results for borrowers; 
(4) implementing best practices for the protection of 
whistleblowers from retaliation, including best practices for 
legal burdens of proof, access to independent adjudicative 
bodies, results that eliminate the effects of retaliation, and 
statutes of limitation for reporting retaliation; 
(5) requiring that each candidate for budget support or 
development policy loans provide an assessment of reforms 
needed to budgetary and procurement processes to encourage 
Reports. 
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125 STAT. 1262 
PUBLIC LAW 112–74—DEC. 23, 2011 
transparency, including budget publication and public scrutiny, 
prior to loan approval; 
(6) making publicly available external and internal 
performance and financial audits of such institution’s projects 
on the institution’s Web site; 
(7) adopting policies concerning the World Bank’s proposed 
Program for Results (P4R) to: limit P4R to no more than 
5 percent of annual World Bank lending as a pilot for a period 
of not less than two years; require that projects with potentially 
significant adverse social or environmental impacts and projects 
that affect indigenous peoples are either excluded from P4R 
or subject to the World Bank’s own policies; require that at 
the close of the pilot there will be a thorough, independent 
evaluation, with input from civil society and the private sector, 
to provide guidance concerning next steps for the pilot; and 
fully staff the World Bank Group’s Integrity Vice Presidency, 
with agreement from Borrowers on the World Bank’s jurisdic-
tion 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 Cor-
poration (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 Appro-
priations a report detailing the extent to which each institution 
has continued to make progress on each policy goal listed in sub-
section (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 Develop-
ment 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, with-
out fiscal year limitation, $4,075,500,000 for payment by the Sec-
retary of the Treasury. 
‘‘SEC. 27. MULTILATERAL DEBT RELIEF. 
‘‘(a) The Secretary of the Treasury is authorized to contribute, 
on behalf of the United States, not more than $474,000,000 to 
22 USC 284y. 
22 USC 284x. 
Public 
information. 
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125 STAT. 1263 
PUBLIC LAW 112–74—DEC. 23, 2011 
the International Development Association for the purpose of 
funding debt relief cost under the Multilateral Debt Relief Initiative 
incurred in the period governed by the sixteenth replenishment 
of resources of the International Development Association, subject 
to obtaining the necessary appropriations and without prejudice 
to any funding arrangements in existence on the date of the enact-
ment of this section. 
‘‘(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, with-
out 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, with-
out 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, with-
out fiscal year limitation, not more than $60,000,000 for payment 
by the Secretary of the Treasury. 
‘‘(c) In this section, the term ‘Multilateral Debt Relief Initiative’ 
means the proposal set out in the G8 Finance Ministers’ 
Communique
´
entitled ‘Conclusions on Development’, done at 
London, June 11, 2005, and reaffirmed by G8 Heads of State at 
the Gleneagles Summit on July 8, 2005.’’. 
AUTHORITY FOR THE FUND FOR SPECIAL OPERATIONS 
SEC. 7084. Up to $36,000,000 of funds appropriated for the 
account ‘‘Department of the Treasury, Debt Restructuring’’ by the 
Full-Year Continuing Appropriations Act, 2011 (Public Law 112– 
10, Division B) may be made available for the United States share 
of an increase in the resources of the Fund for Special Operations 
of the Inter-American Development Bank in furtherance of debt 
22 USC 290g–21. 
22 USC 290g–20. 
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125 STAT. 1264 
PUBLIC LAW 112–74—DEC. 23, 2011 
relief provided to Haiti in view of the Cancun Declaration of March 
21, 2010. 
UNITED NATIONS POPULATION FUND 
SEC. 7085. (a) CONTRIBUTION.—Of the funds made available 
under the heading ‘‘International Organizations and Programs’’ in 
this Act for fiscal year 2012, $35,000,000 shall be made available 
for the United Nations Population Fund (UNFPA). 
(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act 
for UNFPA, that are not made available for UNFPA because of 
the operation of any provision of law, shall be transferred to the 
‘‘Global Health Programs’’ account and shall be made available 
for family planning, maternal, and reproductive health activities, 
subject to the regular notification procedures of the Committees 
on Appropriations. 
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 
funds made available by this Act may be used by UNFPA for 
a country program in the People’s Republic of China. 
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made avail-
able 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 WITH-
HOLDING 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 avail-
able 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 para-
graph (1) if the Secretary certifies to the Committees on Appropria-
tions 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 fur-
thering Middle East peace. 
Certification. 
Waiver authority. 
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125 STAT. 1265 
PUBLIC LAW 112–74—DEC. 23, 2011 
(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 Appro-
priations 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 member-
ship 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: Pro-
vided, That any waiver of the provisions of section 1003 of Public 
Law 100–204 under paragraph (1) of this subsection or under pre-
vious 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 Pro-
grams’’, $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 concur-
rence of the head of such department or agency, to support oper-
ations in and assistance for Afghanistan and to carry out the 
provisions of the Foreign Assistance Act of 1961: Provided further, 
That such amount is designated by the Congress for Overseas 
Determination. 
Notification. 
Effective date. 
Time periods. 
President. 
Determination. 
Certification. 
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125 STAT. 1266 
PUBLIC LAW 112–74—DEC. 23, 2011 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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 Oper-
ations’’, $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 sec-
tion 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 des-
ignated by the Congress for Overseas 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 avail-
able 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 pursu-
ant 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 des-
ignated by the Congress for Overseas Contingency Operations/ 
Global War on Terrorism pursuant to section 251(b)(2)(A) of the 
Balanced Budget and Emergency Deficit Control Act of 1985. 
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125 STAT. 1267 
PUBLIC LAW 112–74—DEC. 23, 2011 
RELATED AGENCY 
BROADCASTING BOARD OF GOVERNORS 
INTERNATIONAL BROADCASTING OPERATIONS 
For an additional amount for ‘‘International Broadcasting Oper-
ations’’, $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 sec-
tion 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: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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 sec-
tion 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 Assist-
ance’’, $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 pursu-
ant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
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125 STAT. 1268 
PUBLIC LAW 112–74—DEC. 23, 2011 
TRANSITION INITIATIVES 
For 
an 
additional 
amount 
for 
‘‘Transition 
Initiatives’’, 
$6,554,000, to remain available until September 30, 2013: Provided, 
That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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 Assist-
ance’’, $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 pursu-
ant 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 Emer-
gency Deficit Control Act of 1985. 
INTERNATIONAL SECURITY ASSISTANCE 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT 
For an additional amount for ‘‘International Narcotics Control 
and Law Enforcement’’, $983,605,000, to remain available until 
September 30, 2013: Provided, That such amount is designated 
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125 STAT. 1269 
PUBLIC LAW 112–74—DEC. 23, 2011 
by the Congress for Overseas 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: Pro-
vided, That such amount is designated by the Congress for Overseas 
Contingency Operations/Global War on Terrorism pursuant to sec-
tion 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 Pro-
gram’’, $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 Emer-
gency 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 manage-
ment, 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 Sec-
retary of State to the Department of Defense or other Federal 
departments or agencies to support counterinsurgency operations 
and may be merged with, and be available, for the same purposes 
and for the same time period as the appropriation or fund to 
which transferred or may be transferred pursuant to the authorities 
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125 STAT. 1270 
PUBLIC LAW 112–74—DEC. 23, 2011 
contained in the Foreign Assistance Act of 1961: Provided further, 
That the Secretary of State shall, not fewer than 15 days prior 
to making transfers from this appropriation, notify the Committees 
on Appropriations, in writing, of the details of any such transfer: 
Provided further, That the Secretary of State shall submit not 
later than 30 days after the end of each fiscal quarter to the 
Committees on Appropriations a report in writing summarizing, 
on a project-by-project basis, the uses of funds under this heading: 
Provided further, That upon determination by the Secretary of 
State, with the concurrence of the Secretary of Defense, that all 
or part of the funds so transferred from this appropriation are 
not necessary for the purposes herein, such amounts may be trans-
ferred 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 sec-
tion 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 addi-
tional 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’’, ‘‘Com-
plex Crises Fund’’, ‘‘Economic Support Fund’’, ‘‘Migration and Ref-
ugee Assistance’’, ‘‘International Narcotics Control and Law Enforce-
ment’’, ‘‘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 Sec-
retary 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 notwith-
standing any provision of law, during the current fiscal year, not 
to exceed $50,000,000 from funds appropriated under the headings 
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Foreign 
Military Financing Program’’, and ‘‘Pakistan Counterinsurgency 
Capability Fund’’ under title VIII of this Act may be transferred 
to the Fund: Provided further, That this transfer authority is in 
addition to any other transfer authority available to the Department 
Transfer 
authority. 
Consultation. 
Transfer 
authority. 
Notification. 
Determination. 
Deadlines. 
Reports. 
Deadline. 
Notification. 
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125 STAT. 1271 
PUBLIC LAW 112–74—DEC. 23, 2011 
LEGISLATIVE HISTORY—H.R. 2055: 
HOUSE REPORTS: No. 112–94 (Comm. on Appropriations) and 112–331 (Comm. of 
Conference). 
SENATE REPORTS: No. 112–29 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 157 (2011): 
June 2, 13, 14, considered and passed House. 
July 14, 18–20, considered and passed Senate, amended. 
Dec. 16, House agreed to conference report. 
Dec. 17, Senate agreed to conference report. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2011): 
Dec. 23, Presidential statement. 
of State, and shall be subject to prior consultation with the Commit-
tees on Appropriations: Provided further, That the Secretary of 
State shall, not later than 15 days prior to making any such 
transfer, notify the Committees on Appropriations in accordance 
with the regular notification procedures of the Committees on 
Appropriations, including the source of funds and a detailed jus-
tification, 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 specifi-
cally references this section. 
This division may be cited as the ‘‘Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2012’’. 
Approved December 23, 2011. 
Applicability. 
Deadline. 
Notification. 
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