PUBL074.PS SEC 8058 PLAW 112publ74

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PUBLIC LAW 112–74—DEC. 23, 2011

CONSOLIDATED APPROPRIATIONS ACT, 2012

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

Public Law 112–74

112th Congress

An Act

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

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

other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Appropriations

Act, 2012’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. References.

Sec. 4. Statement of appropriations.

Sec. 5. Availability of funds.

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

Title I—Military Personnel

Title II—Operation and Maintenance

Title III—Procurement

Title IV—Research, Development, Test and Evaluation

Title V—Revolving and Management Funds

Title VI—Other Department of Defense Programs

Title VII—Related agencies

Title VIII—General provisions

Title IX—Overseas contingency operations

DIVISION B—ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT,

2012

Title I—Corps of Engineers—Civil

Title II—Department of the Interior

Title III—Department of Energy

Title IV—Independent agencies

Title V—General provisions

DIVISION C—FINANCIAL SERVICES AND GENERAL GOVERNMENT

APPROPRIATIONS ACT, 2012

Title I—Department of the Treasury

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

Title III—The Judiciary

Title IV—District of Columbia

Title V—Independent agencies

Title VI—General provisions—This Act

Title VII—General provisions—Government-wide

Title VIII—General provisions—District of Columbia

DIVISION D—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS

ACT, 2012

Title I—Departmental management and operations

Consolidated

Appropriations

Act, 2012.

Dec. 23, 2011

[H.R. 2055]

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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

ILITARY

ERSONNEL

, A

RMY

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.

ILITARY

ERSONNEL

, N

AVY

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.

ILITARY

ERSONNEL

, M

ARINE

ORPS

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.

ILITARY

ERSONNEL

, A

ORCE

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

ESERVE

ERSONNEL

, A

RMY

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.

ESERVE

ERSONNEL

, N

AVY

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.

ESERVE

ERSONNEL

, M

ARINE

ORPS

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.

ESERVE

ERSONNEL

, A

ORCE

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.

ATIONAL

UARD

ERSONNEL

, A

RMY

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.

ATIONAL

UARD

ERSONNEL

, A

ORCE

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

PERATION AND

AINTENANCE

, A

RMY

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.

PERATION AND

AINTENANCE

, N

AVY

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.

PERATION AND

AINTENANCE

, M

ARINE

ORPS

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Marine Corps, as authorized

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

PERATION AND

AINTENANCE

, A

ORCE

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.

PERATION AND

AINTENANCE

, D

EFENSE

-W

IDE

(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.

PERATION AND

AINTENANCE

, A

RMY

ESERVE

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.

PERATION AND

AINTENANCE

, N

AVY

ESERVE

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.

PERATION AND

AINTENANCE

, M

ARINE

ORPS

ESERVE

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.

PERATION AND

AINTENANCE

, A

ORCE

ESERVE

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.

PERATION AND

AINTENANCE

, A

RMY

ATIONAL

UARD

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.

PERATION AND

AINTENANCE

, A

ATIONAL

UARD

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

NITED

TATES

OURT OF

PPEALS FOR THE

RMED

ORCES

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.

NVIRONMENTAL

ESTORATION

, A

RMY

(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.

NVIRONMENTAL

ESTORATION

, N

AVY

(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.

NVIRONMENTAL

ESTORATION

, A

ORCE

(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.

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.

NVIRONMENTAL

ESTORATION

, D

EFENSE

-W

IDE

(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.

NVIRONMENTAL

ESTORATION

, F

ORMERLY

SED

EFENSE

ITES

(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.

VERSEAS

UMANITARIAN

, D

ISASTER

AND

IVIC

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.

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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.

OOPERATIVE

HREAT

EDUCTION

CCOUNT

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.

EPARTMENT OF

EFENSE

CQUISITION

ORKFORCE

EVELOPMENT

UND

For the Department of Defense Acquisition Workforce Develop-

ment Fund, $105,501,000.

TITLE III

PROCUREMENT

IRCRAFT

ROCUREMENT

, A

RMY

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.

ISSILE

ROCUREMENT

, A

RMY

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.

ROCUREMENT OF

EAPONS AND

RACKED

OMBAT

EHICLES

RMY

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.

ROCUREMENT OF

MMUNITION

, A

RMY

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.

THER

ROCUREMENT

, A

RMY

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.

IRCRAFT

ROCUREMENT

, N

AVY

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.

EAPONS

ROCUREMENT

, N

AVY

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.

ROCUREMENT OF

MMUNITION

, N

AVY AND

ARINE

ORPS

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.

HIPBUILDING AND

ONVERSION

, N

AVY

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.

THER

ROCUREMENT

, N

AVY

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.

ROCUREMENT

, M

ARINE

ORPS

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

IRCRAFT

ROCUREMENT

, A

ORCE

(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.

ISSILE

ROCUREMENT

, A

ORCE

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.

ROCUREMENT OF

MMUNITION

, A

ORCE

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.

THER

ROCUREMENT

, A

ORCE

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.

ROCUREMENT

, D

EFENSE

-W

IDE

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.

EFENSE

RODUCTION

URCHASES

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

ESEARCH

, D

EVELOPMENT

, T

EST AND

VALUATION

, A

RMY

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.

ESEARCH

, D

EVELOPMENT

, T

EST AND

VALUATION

, N

AVY

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

ESEARCH

, D

EVELOPMENT

, T

EST AND

VALUATION

, A

ORCE

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.

ESEARCH

, D

EVELOPMENT

, T

EST AND

VALUATION

, D

EFENSE

-W

IDE

(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.

PERATIONAL

EST AND

VALUATION

, D

EFENSE

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

EFENSE

ORKING

APITAL

UNDS

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

ATIONAL

EFENSE

EALIFT

UND

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

EFENSE

EALTH

ROGRAM

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.

HEMICAL

GENTS AND

UNITIONS

ESTRUCTION

, D

EFENSE

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.

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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.

RUG

NTERDICTION AND

OUNTER

-D

RUG

CTIVITIES

, D

EFENSE

(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.

FFICE OF THE

NSPECTOR

ENERAL

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

ENTRAL

NTELLIGENCE

GENCY

ETIREMENT AND

ISABILITY

YSTEM

UND

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.

NTELLIGENCE

OMMUNITY

ANAGEMENT

CCOUNT

For necessary expenses of the Intelligence Community Manage-

ment Account, $547,891,000.

TITLE VIII

GENERAL PROVISIONS

. 8001. No part of any appropriation contained in this

Act shall be used for publicity or propaganda purposes not author-

ized by the Congress.

. 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.

. 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.

. 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)

. 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.

. 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.

. 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)

. 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.

. 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.

. 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.

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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.

. 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.

. 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.

(civilian) technicians.

. 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.

. 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)

. 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.

. 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.

. 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.

. 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.

. 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.

. 8020. Funds appropriated by this Act for the Defense

Media Activity shall not be used for any national or international

political or psychological activities.

. 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.

. 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.

. 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.

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.

. 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.

. 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.

. 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.

. 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.

means chapter 83 of title 41, United States Code.

. 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.

. 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.

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).

. 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.

. 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.

. 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.

. 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

. 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.

. 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.

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.

. 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.

. 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.

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.

(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.

. 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.

. 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

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.

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)

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

(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.

. 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)

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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).

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.

. 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.

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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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

. 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)

. 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.

. 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.

. 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.

. 8070. (a) I

ENERAL

.—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

‘‘A

UTHORIZATION OF

AYMENTS

.—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) C

LERICAL

MENDMENT

.—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)

. 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.

. 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.

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)

. 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)

. 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.

. 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.

. 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.

. 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.

. 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)

. 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.

. 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.

. 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.

. 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)

. 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.

. 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.

. 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.

. 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.

. 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.

. 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)

. 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.

. 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.

. 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.

. 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

. 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.

. 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.

. 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.

. 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)

. 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)

. 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.

. 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.

. 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.

only after such report has been made available to the requesting

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

. 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).

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.

. 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.

. 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)

. 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.

. 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’’.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

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)

. 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)

. 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.

. 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.

. 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;

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;

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.

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).

. 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.

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.

. 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.

. 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;

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;

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.

. 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.

. 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)

. 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.

. 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)).

. 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).

. 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

ILITARY

ERSONNEL

, A

RMY

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.

ILITARY

ERSONNEL

, N

AVY

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.

ILITARY

ERSONNEL

, M

ARINE

ORPS

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

ILITARY

ERSONNEL

, A

ORCE

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.

ESERVE

ERSONNEL

, A

RMY

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.

ESERVE

ERSONNEL

, N

AVY

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.

ESERVE

ERSONNEL

, M

ARINE

ORPS

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.

ESERVE

ERSONNEL

, A

ORCE

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.

ATIONAL

UARD

ERSONNEL

, A

RMY

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.

ATIONAL

UARD

ERSONNEL

, A

ORCE

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

PERATION AND

AINTENANCE

, A

RMY

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.

PERATION AND

AINTENANCE

, N

AVY

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.

PERATION AND

AINTENANCE

, M

ARINE

ORPS

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.

PERATION AND

AINTENANCE

, A

ORCE

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.

PERATION AND

AINTENANCE

, D

EFENSE

-W

IDE

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.

PERATION AND

AINTENANCE

, A

RMY

ESERVE

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.

PERATION AND

AINTENANCE

, N

AVY

ESERVE

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.

PERATION AND

AINTENANCE

, M

ARINE

ORPS

ESERVE

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.

PERATION AND

AINTENANCE

, A

ORCE

ESERVE

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.

PERATION AND

AINTENANCE

, A

RMY

ATIONAL

UARD

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.

PERATION AND

AINTENANCE

, A

ATIONAL

UARD

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.

FGHANISTAN

NFRASTRUCTURE

UND

(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.

FGHANISTAN

ECURITY

ORCES

UND

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

IRCRAFT

ROCUREMENT

, A

RMY

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.

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125 STAT. 844 PUBLIC LAW 112–74—DEC. 23, 2011

ISSILE

ROCUREMENT

, A

RMY

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.

ROCUREMENT OF

EAPONS AND

RACKED

OMBAT

EHICLES

RMY

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.

ROCUREMENT OF

MMUNITION

, A

RMY

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.

THER

ROCUREMENT

, A

RMY

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.

IRCRAFT

ROCUREMENT

, N

AVY

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.

EAPONS

ROCUREMENT

, N

AVY

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

ROCUREMENT OF

MMUNITION

, N

AVY AND

ARINE

ORPS

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.

THER

ROCUREMENT

, N

AVY

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.

ROCUREMENT

, M

ARINE

ORPS

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.

IRCRAFT

ROCUREMENT

, A

ORCE

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.

ISSILE

ROCUREMENT

, A

ORCE

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.

ROCUREMENT OF

MMUNITION

, A

ORCE

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.

THER

ROCUREMENT

, A

ORCE

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.

ROCUREMENT

, D

EFENSE

-W

IDE

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.

ATIONAL

UARD AND

ESERVE

QUIPMENT

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.

INE

ESISTANT

MBUSH

ROTECTED

EHICLE

UND

(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

ESEARCH

, D

EVELOPMENT

, T

EST AND

VALUATION

, A

RMY

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.

ESEARCH

, D

EVELOPMENT

, T

EST AND

VALUATION

, N

AVY

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.

ESEARCH

, D

EVELOPMENT

, T

EST AND

VALUATION

, A

ORCE

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.

ESEARCH

, D

EVELOPMENT

, T

EST AND

VALUATION

, D

EFENSE

-W

IDE

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

EFENSE

ORKING

APITAL

UNDS

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

EFENSE

EALTH

ROGRAM

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.

RUG

NTERDICTION AND

OUNTER

-D

RUG

CTIVITIES

, D

EFENSE

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.

OINT

MPROVISED

XPLOSIVE

EVICE

EFEAT

UND

(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.

FFICE OF THE

NSPECTOR

ENERAL

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

. 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)

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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).

. 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.

. 9010. (a) F

UNDING FOR

UTREACH AND

EINTEGRATION

ERVICES

NDER

ELLOW

IBBON

EINTEGRATION

ROGRAM

.—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) S

UPPLEMENT

UPPLANT

.—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.

. 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.

. 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.

. 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

. 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.

. 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

ORPS OF

NGINEERS

—

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)

. 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) I

NVESTIGATIONS

.—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) C

ONSTRUCTION

.—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) O

PERATION 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) M

ISSISSIPPI 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) F

ORMERLY UTILIZED SITES REMEDIAL ACTION PRO

GRAM

.—Reprogramming of up to 15 percent of the base of

the receiving project is permitted.

(b) D

INIMUS

EPROGRAMMINGS

.—In no case should a re-

programming for less than $50,000 be submitted to the House

and Senate Committees on Appropriations.

ONTINUING

UTHORITIES

ROGRAM

.—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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 109. (a) A

CQUISITION

.—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) R

EVOLVING

UND

.—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

IGHT OF

IRST

EFUSAL

.—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) D

ISPOSAL

.—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.

. 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.

. 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.

. 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

. 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.

. 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.

. 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) D

ISPOSITION OF

CQUIRED

AND

.—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.’’.

. 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.

. 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.

. 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.

. 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). S

. 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

ENTRAL

TAH

ROJECT

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.

UREAU OF

ECLAMATION

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

. 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.

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

. 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.

. 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.

. 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’’.

. 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.

. 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.

. 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.

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.

. 208. (a) P

ERMITTED

SES

.—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) W

ALKER

ASIN

ESTORATION

ROGRAM

.—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

NERGY

FFICIENCY AND

ENEWABLE

NERGY

(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.

LECTRICITY

ELIVERY AND

NERGY

ELIABILITY

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

UCLEAR

NERGY

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.

OSSIL

NERGY

ESEARCH AND

EVELOPMENT

(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.

AVAL

ETROLEUM AND

HALE

ESERVES

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.

TRATEGIC

ETROLEUM

ESERVE

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 P

ETROLEUM

CCOUNT

(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.

ORTHEAST

OME

EATING

ESERVE

(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.

NERGY

NFORMATION

DMINISTRATION

For necessary expenses in carrying out the activities of the

Energy Information Administration, $105,000,000, to remain avail-

able until expended.

DEFENSE

NVIRONMENTAL

LEANUP

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.

RANIUM

NRICHMENT

ECONTAMINATION AND

ECOMMISSIONING

UND

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.

CIENCE

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.

DVANCED

ESEARCH

ROJECTS

GENCY

—E

NERGY

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.

ITLE

17 I

NNOVATIVE

ECHNOLOGY

OAN

UARANTEE

ROGRAM

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.

DVANCED

ECHNOLOGY

EHICLES

ANUFACTURING

OAN

ROGRAM

For administrative expenses in carrying out the Advanced Tech-

nology Vehicles Manufacturing Loan Program, $6,000,000, to

remain available until expended.

EPARTMENTAL

DMINISTRATION

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.

FFICE OF THE

NSPECTOR

ENERAL

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

EAPONS

CTIVITIES

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.

EFENSE

UCLEAR

ONPROLIFERATION

(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

AVAL

EACTORS

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.

FFICE OF THE

DMINISTRATOR

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

EFENSE

NVIRONMENTAL

LEANUP

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.

THER

EFENSE

CTIVITIES

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

ONNEVILLE

OWER

DMINISTRATION

UND

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.

PERATION AND

AINTENANCE

, S

OUTHEASTERN

OWER

DMINISTRATION

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).

PERATION AND

AINTENANCE

, S

OUTHWESTERN

OWER

DMINISTRATION

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).

ONSTRUCTION

, R

EHABILITATION

, O

PERATION AND

AINTENANCE

ESTERN

REA

OWER

DMINISTRATION

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).

ALCON AND

MISTAD

PERATING AND

AINTENANCE

UND

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.

EDERAL

NERGY

EGULATORY

OMMISSION

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)

. 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.

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.

. 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.

. 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.

. 304. (a) S

UBMISSION TO

ONGRESS

.—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) E

LEMENTS

.—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.

ONSISTENCY IN

UDGETING

.—

(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.

. 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) S

PECIFIC

PPROPRIATION OR

ONTRIBUTION

.—

‘‘(1) I

N 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.’’.

. 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.

. 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

. 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.

. 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.

. 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.

. 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.

. 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.

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.

. 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.

. 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.

in the general fund of the Treasury.

. 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.

. 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

PPALACHIAN

EGIONAL

OMMISSION

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.

EFENSE

UCLEAR

ACILITIES

AFETY

OARD

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.

ELTA

EGIONAL

UTHORITY

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.

ENALI

OMMISSION

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

ORTHERN

ORDER

EGIONAL

OMMISSION

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.

OUTHEAST

RESCENT

EGIONAL

OMMISSION

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.

UCLEAR

EGULATORY

OMMISSION

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

UCLEAR

ASTE

ECHNICAL

EVIEW

OARD

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.

FFICE OF THE

EDERAL

OORDINATOR FOR

LASKA

ATURAL

RANSPORTATION

ROJECTS

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

. 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.

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.

. 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

. 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.

. 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.

. 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).

. 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.

. 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.

. 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

EPARTMENTAL

FFICES

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.

INANCIAL

RIMES

NFORCEMENT

ETWORK

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.

REASURY

ORFEITURE

UND

(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

INANCIAL

ANAGEMENT

ERVICE

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.

LCOHOL AND

OBACCO

AX AND

RADE

UREAU

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.

NITED

TATES

INT

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.

UREAU OF THE

UBLIC

EBT

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

OMMUNITY

EVELOPMENT

INANCIAL

NSTITUTIONS

UND

ROGRAM

CCOUNT

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).

NTERNAL

EVENUE

ERVICE

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)

. 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.

. 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.

. 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.

. 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.

DMINISTRATIVE

ROVISIONS

—D

EPARTMENT OF THE

REASURY

(INCLUDING TRANSFERS OF FUNDS)

. 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

. 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.

. 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.

. 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.

. 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.

. 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.

. 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’’.

. 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.

. 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.

. 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.

. 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.

. 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’’.

. 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.

. 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’’.

. 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’’.

. 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,’’.

. 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

OMPENSATION OF THE

RESIDENT

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.

HITE

OUSE

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.

XECUTIVE

ESIDENCE AT THE

HITE

OUSE

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.

HITE

OUSE

EPAIR AND

ESTORATION

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.

OUNCIL OF

CONOMIC

DVISERS

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

ATIONAL

ECURITY

OUNCIL AND

OMELAND

ECURITY

OUNCIL

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.

FFICE OF

DMINISTRATION

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.

FFICE OF

ANAGEMENT AND

UDGET

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

FFICE OF

ATIONAL

RUG

ONTROL

OLICY

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.

NTEGRATED

, E

FFICIENT AND

FFECTIVE

SES OF

NFORMATION

ECHNOLOGY

(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.

NANTICIPATED

EEDS

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.

PECIAL

SSISTANCE TO THE

RESIDENT

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

FFICIAL

ESIDENCE OF THE

ICE

RESIDENT

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.

DMINISTRATIVE

ROVISIONS

—E

XECUTIVE

FFICE OF THE

RESIDENT AND

UNDS

PPROPRIATED TO THE

RESIDENT

(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)

. 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.

. 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

and determined to be outmoded, ineffective, or excessively

burdensome.

. 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.

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

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.

. 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.

. 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.

. 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.

. 207. From the unobligated balances of prior year appro-

priations made available for the Counterdrug Technology Assess-

ment Center, $5,244,639 are rescinded.

. 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.

. 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

UPREME

OURT OF THE

NITED

TATES

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.

NITED

TATES

OURT OF

PPEALS FOR THE

EDERAL

IRCUIT

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.

NITED

TATES

OURT OF

NTERNATIONAL

RADE

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.

OURTS OF

PPEALS

, D

ISTRICT

OURTS

AND

THER

UDICIAL

ERVICES

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.

DMINISTRATIVE

FFICE OF THE

NITED

TATES

OURTS

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.

EDERAL

UDICIAL

ENTER

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.

UDICIAL

ETIREMENT

UNDS

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.

NITED

TATES

ENTENCING

OMMISSION

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.

DMINISTRATIVE

ROVISIONS

—T

UDICIARY

(INCLUDING TRANSFER OF FUNDS)

. 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.

. 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.

. 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.

. 304. Section 3314(a) of title 40, United States Code, shall

be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it

appears.

. 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.

. 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

EDERAL

UNDS

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.

ISTRICT OF

OLUMBIA

UNDS

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

DMINISTRATIVE

ONFERENCE OF THE

NITED

TATES

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.

HRISTOPHER

OLUMBUS

ELLOWSHIP

OUNDATION

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.

ONSUMER

RODUCT

AFETY

OMMISSION

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

. 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.).’’.

. 502. (a) E

XTENSION OF

RANT

ROGRAM

.—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) N

WIMMING

OOLS

.—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’’.

. 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.

. 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.

LECTION

SSISTANCE

OMMISSION

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.

EDERAL

OMMUNICATIONS

OMMISSION

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

. 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’’.

. 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.

EDERAL

EPOSIT

NSURANCE

ORPORATION

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.

EDERAL

LECTION

OMMISSION

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

EDERAL

ABOR

ELATIONS

UTHORITY

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.

EDERAL

RADE

OMMISSION

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

ENERAL

ERVICES

DMINISTRATION

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

DMINISTRATIVE

ROVISIONS

—G

ENERAL

ERVICES

DMINISTRATION

(INCLUDING TRANSFERS OF FUNDS AND RESCISSION)

. 520. Funds available to the General Services Administra-

tion shall be available for the hire of passenger motor vehicles.

. 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.

. 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.

. 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).

. 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.

. 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.

. 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’’.

. 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.

. 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.

ARRY

S T

RUMAN

CHOLARSHIP

OUNDATION

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.

ERIT

YSTEMS

ROTECTION

OARD

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.

ORRIS

K. U

DALL AND

TEWART

L. U

DALL

OUNDATION

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.

ATIONAL

RCHIVES AND

ECORDS

DMINISTRATION

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.

ATIONAL

REDIT

NION

DMINISTRATION

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.

FFICE OF

OVERNMENT

THICS

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.

FFICE OF

ERSONNEL

ANAGEMENT

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.

FFICE OF

PECIAL

OUNSEL

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.

OSTAL

EGULATORY

OMMISSION

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.

RIVACY AND

IVIL

IBERTIES

VERSIGHT

OARD

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

ECOVERY

CCOUNTABILITY AND

RANSPARENCY

OARD

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.

ECURITIES AND

XCHANGE

OMMISSION

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.

ELECTIVE

ERVICE

YSTEM

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.

MALL

USINESS

DMINISTRATION

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)

. 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.

. 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

. 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.

NITED

TATES

OSTAL

ERVICE

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).

NITED

TATES

OURT

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)

. 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.

. 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.

. 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.

. 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.

. 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).

. 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).

. 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).

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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).

. 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.

. 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.

. 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.

. 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.’’.

. 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.

. 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.

. 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’’.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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).

. 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.

. 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.

. 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

EPARTMENTS

, A

GENCIES

AND

ORPORATIONS

. 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.

. 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.

. 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.

. 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

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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).

. 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.

. 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).

. 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.

. 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’’.

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).

. 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.

. 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.

. 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.

. 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.

. 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.

. 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)

. 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.

. 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.

. 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.

. 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.

. 726. (a) P

ROHIBITION OF

EDERAL

GENCY

ONITORING

NDIVIDUALS

’ I

NTERNET

.—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) E

XCEPTIONS

.—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.

EFINITIONS

.—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

. 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.

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.

. 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.

. 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.

. 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).

. 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.

. 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.

for new E-Government initiatives without the explicit approval

of the Committees on Appropriations of the House of Representa-

tives and the Senate.

. 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.

. 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.

. 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.

. 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.

. 737. (a) D

EFINITIONS

.—For purposes of this section the

following definitions apply:

(1) G

REAT 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) G

REAT 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) R

EPORT

.—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.

. 738. (a) I

ENERAL

.—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) W

AIVERS

.—

(1) I

N 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) R

EPORT 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

XCEPTION

.—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.

. 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.).

. 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,’’.

. 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.

. 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.

. 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.).

. 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)

. 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.

. 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.

. 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.

. 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

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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).

. 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

. 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.

. 816. Section 346 of the District of Columbia Appropriations

Act, 2005 (Public Law 108–335) is amended—

(1) in the title, by striking ‘‘B

IENNIAL

’’;

(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’’.

. 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

FFICE OF THE

ECRETARY AND

XECUTIVE

ANAGEMENT

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.

FFICE OF THE

NDER

ECRETARY FOR

ANAGEMENT

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.

FFICE OF THE

HIEF

INANCIAL

FFICER

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.

FFICE OF THE

HIEF

NFORMATION

FFICER

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

NALYSIS AND

PERATIONS

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.

FFICE OF

NSPECTOR

ENERAL

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. C

USTOMS AND

ORDER

ROTECTION

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

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.

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. I

MMIGRATION AND

USTOMS

NFORCEMENT

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.

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.

RANSPORTATION

ECURITY

DMINISTRATION

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.

OAST

UARD

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;

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.

NITED

TATES

ECRET

ERVICE

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

ATIONAL

ROTECTION AND

ROGRAMS

IRECTORATE

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.

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

FFICE OF

EALTH

FFAIRS

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.

EDERAL

MERGENCY

ANAGEMENT

GENCY

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;

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;

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;

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

NITED

TATES

ITIZENSHIP AND

MMIGRATION

ERVICES

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.

EDERAL

NFORCEMENT

RAINING

ENTER

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.

CIENCE AND

ECHNOLOGY

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.

OMESTIC

UCLEAR

ETECTION

FFICE

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

. 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.

. 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.

. 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.

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.

. 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.

. 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.

. 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.

. 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.

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’’.

. 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.

. 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.

. 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.

. 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.).

. 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.

. 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).

. 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.

. 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

. 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.

. 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.

. 518. Section 532(a) of Public Law 109–295 (120 Stat.

1384) is amended by striking ‘‘2011’’ and inserting ‘‘2012’’.

. 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).

. 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.

. 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.

. 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

. 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).

. 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.

. 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.

. 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.

. 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,’’.

. 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).

. 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

. 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).

. 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.

. 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).

. 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.

. 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.

. 535. None of the funds made available in this Act may

be used for planning, testing, piloting, or developing a national

identification card.

. 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.

. 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.

(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).

. 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.

. 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.

. 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’’.

. 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.

. 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.

. 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.

. 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)).

. 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.

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.

. 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.

. 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.

. 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.

. 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.

. 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

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.

. 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.

. 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.

. 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.

. 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).

. 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.

. 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.

15 days after the Committees on Appropriations of the Senate

and the House of Representatives are notified of such transfer.

. 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.

. 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,’’.

. 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.

. 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.

. 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.

. 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.

. 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.

. 564. (a) C

IVIL

ENALTIES FOR

IRCUMVENTING

ECURITY

CREENING

.—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) C

RIMINAL

ENALTIES FOR

IRCUMVENTING

ECURITY

CREENING

.—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’’.

OTICE OF

ENALTIES

.—Section 46314 of title 49, United

States Code, is amended by adding at the end the following new

subsection:

‘‘(c) N

OTICE OF

ENALTIES

.—

‘‘(1) I

N 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) E

FFECT 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).’’.

. 565. (a) S

HORT

ITLE

.—This section may be cited as the

‘‘Disaster Assistance Recoupment Fairness Act of 2011’’.

(b) D

EBTS

INCE

2005.—

(1) D

EFINITION

.—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) W

AIVER 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) P

RESUMPTION 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) R

EPORTING

.—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.

. 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) L

IMITATIONS

.—

(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.

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.

. 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.

. 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.

. 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)

. 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)

. 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)

. 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’’.

. 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

UREAU OF

AND

ANAGEMENT

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.

NITED

TATES

ISH AND

ILDLIFE

ERVICE

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.

ATIONAL

ARK

ERVICE

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

NITED

TATES

EOLOGICAL

URVEY

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

UREAU OF

CEAN

NERGY

ANAGEMENT

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.

UREAU OF

AFETY AND

NVIRONMENTAL

NFORCEMENT

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.

FFICE OF

URFACE

INING

ECLAMATION AND

NFORCEMENT

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.

UREAU OF

NDIAN

FFAIRS AND

UREAU OF

NDIAN

DUCATION

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.

EPARTMENTAL

FFICES

FFICE OF THE

ECRETARY

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.

NSULAR

FFAIRS

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.

DMINISTRATIVE

ROVISIONS

(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.

FFICE OF THE

OLICITOR

SALARIES AND EXPENSES

For necessary expenses of the Office of the Solicitor,

$66,296,000.

FFICE OF

NSPECTOR

ENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General,

$49,471,000.

FFICE OF THE

PECIAL

RUSTEE FOR

MERICAN

NDIANS

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.

EPARTMENT

WIDE

ROGRAMS

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.

ENERAL

ROVISIONS

, D

EPARTMENT OF THE

NTERIOR

(INCLUDING TRANSFERS OF FUNDS)

EMERGENCY TRANSFER AUTHORITY

—

INTRA

BUREAU

. 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

. 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

. 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

. 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

. 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

. 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

. 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

. 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

. 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.

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

. 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

. 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

. 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

. 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

. 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

. 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.

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

. 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

. 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

. 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

. 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

. 120. (a) I

ENERAL

.—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) P

ROGRAMMATIC

SSISTANCE

.—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.

IMITATIONS ON

SSISTANCE

.—

(1) I

N 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) T

RUST 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

. 121. (a) D

IRECT

IRE

UTHORITY

.—

(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

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) L

OCAL

IRE

UTHORITY

.—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) C

ONVERSION 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.’’.

ULF OF

EXICO

EGION

.—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

. 122. (a) E

XHAUSTION OF

DMINISTRATIVE

EVIEW

EQUIRED

.—

(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) A

CCEPTANCE OF

ONATION OF

ERTAIN

XISTING

ERMITS

EASES

.—

(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

. 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

. 124. (a) I

ENERAL

.—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) R

ENTAL

EE AND

ROCEEDS

.—

(1) R

ENTAL 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) P

ROCEEDS

.—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)).

ERMS AND

ONDITIONS

.—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) E

XEMPTION

ROM

PPLICABLE

.—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

. 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

CIENCE AND

ECHNOLOGY

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.

NVIRONMENTAL

ROGRAMS AND

ANAGEMENT

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.

FFICE OF

NSPECTOR

ENERAL

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.

UILDINGS AND

ACILITIES

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.

AZARDOUS

UBSTANCE

UPERFUND

(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.

EAKING

NDERGROUND

TORAGE

ANK

RUST

UND

ROGRAM

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.

NLAND

PILL

ROGRAMS

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.

TATE AND

RIBAL

SSISTANCE

RANTS

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.

DMINISTRATIVE

ROVISIONS

—E

NVIRONMENTAL

ROTECTION

GENCY

(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

OREST

ERVICE

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.

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.

LAME

ILDFIRE

UPPRESSION

ESERVE

UND

(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

NDIAN

EALTH

ERVICE

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.

ATIONAL

NSTITUTES OF

EALTH

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.

GENCY FOR

OXIC

UBSTANCES AND

ISEASE

EGISTRY

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

XECUTIVE

FFICE OF THE

RESIDENT

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.

HEMICAL

AFETY AND

AZARD

NVESTIGATION

OARD

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.

FFICE OF

AVAJO AND

OPI

NDIAN

ELOCATION

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.

NSTITUTE OF

MERICAN

NDIAN AND

LASKA

ATIVE

ULTURE AND

RTS

EVELOPMENT

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.

MITHSONIAN

NSTITUTION

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.

ATIONAL

ALLERY OF

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

OHN

F. K

ENNEDY

ENTER FOR THE

ERFORMING

RTS

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.

OODROW

ILSON

NTERNATIONAL

ENTER FOR

CHOLARS

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.

ATIONAL

OUNDATION ON THE

RTS AND THE

UMANITIES

ATIONAL

NDOWMENT FOR THE

RTS

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.

ATIONAL

NDOWMENT FOR THE

UMANITIES

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

DMINISTRATIVE

ROVISIONS

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.

OMMISSION OF

INE

RTS

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.

ATIONAL

APITAL

RTS AND

ULTURAL

FFAIRS

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

DVISORY

OUNCIL ON

ISTORIC

RESERVATION

SALARIES AND EXPENSES

For necessary expenses of the Advisory Council on Historic

Preservation (Public Law 89–665, as amended), $6,108,000.

ATIONAL

APITAL

LANNING

OMMISSION

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.

NITED

TATES

OLOCAUST

EMORIAL

USEUM

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.

RESIDIO

RUST

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.

WIGHT

D. E

ISENHOWER

EMORIAL

OMMISSION

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

. 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

. 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

. 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

. 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

. 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

. 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

. 407. (a) L

IMITATION OF

UNDS

.—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) E

XCEPTIONS

.—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.

EPORT

.—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) M

INERAL

XAMINATIONS

.—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

. 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

. 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

. 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

. 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) A

SSUME 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) F

EDERAL 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) F

OREIGN FIRE ORGANIZATION

.—The term ‘foreign fire

organization’ means any foreign governmental, public, or pri-

vate entity that has wildfire protection resources.

‘‘(4) F

OREIGN FIREFIGHTER

.—The term ‘foreign firefighter’

means an individual furnished by a foreign fire organization

under an agreement entered into under section 3.

‘‘(5) W

ILDFIRE

.—The term ‘wildfire’ means any forest or

range fire.

‘‘(6) W

ILDFIRE 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) E

XCHANGE OF

ILDFIRE

ROTECTION

ESOURCES

NDER

ECIPROCAL

GREEMENT

ITH A

OREIGN

IRE

RGANIZATION

.—

‘‘(1) A

UTHORITY 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) R

EQUIREMENTS FOR A RECIPROCAL AGREEMENT

.—Any

agreement’’;

(B) in subsection (b)—

(i) by striking ‘‘(b) In the absence’’ and inserting

the following:

‘‘(b) E

XCHANGE OF

ILDFIRE

ROTECTION

ESOURCES

ITHOUT

ECIPROCAL

GREEMENT

.—In the absence’’; and

(ii) in paragraph (1), by striking ‘‘United States,

and’’ and inserting ‘‘United States; and’’;

and inserting the following:

‘‘(c) R

EIMBURSEMENT

NDER

GREEMENTS

ITH

ANADA

.—Not-

withstanding’’; and

(D) in subsection (d)—

(i) by striking, ‘‘(d) Any service’’ and inserting the

following:

‘‘(d) S

ERVICE

ERFORMED

NDER

HIS

CT BY

EDERAL

MPLOYEES

.—

‘‘(1) I

N GENERAL

.—Any service’’; and

(ii) in the second sentence, by striking ‘‘The’’ and

inserting the following:

‘‘(2) E

FFECT

.—Except as provided in section 4, the’’;

(4) by redesignating section 4 (42 U.S.C. 1856o) as section

(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) P

ROTECTION

ROM

IABILITY FOR

OREIGN

IREFIGHTERS

AND

OREIGN

IRE

RGANIZATIONS

.—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) P

ROTECTION

ROM

IABILITY FOR

EDERAL

IREFIGHTERS

AND THE

EDERAL

OVERNMENT

.—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;

‘‘(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

. 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

. 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

. 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

. 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

. 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

. 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.

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

. 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

. 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.

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

. 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

. 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

. 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

. 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

. 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

. 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

. 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

. 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

. 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

. 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

. 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) C

LAIM

AINTENANCE

.—

‘‘(1) L

ODE 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) P

LACER 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

. 431. (a) P

ROHIBITION

EGARDING

OTENTIAL

OMESTIC

HEEP AND

IGHORN

HEEP

ONTACT ON

ATIONAL

OREST

YSTEM

AND

.—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) E

XCEPTION

.—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.

UREAU OF

AND

ANAGEMENT

ANDS

.—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) V

OLUNTARY

LOSURE OF

LLOTMENTS

.—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) W

AIVER OF

RAZING

ERMITS AND

EASES

.—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

. 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’’.

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

. 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

. 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.

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

. 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.

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

. 436. (a) A

CROSS

THE

BOARD

ESCISSIONS

.—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) P

ROPORTIONATE

PPLICATION

.—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).

NDIAN

AND AND

ATER

LAIM

ETTLEMENTS

.—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 R

EPORT

.—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

MPLOYMENT AND

RAINING

DMINISTRATION

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

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;

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;

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.

MPLOYEE

ENEFITS

ECURITY

DMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security

Administration, $183,500,000.

ENSION

ENEFIT

UARANTY

ORPORATION

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.

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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.

AGE AND

OUR

IVISION

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.

FFICE OF

ABOR

ANAGEMENT

TANDARDS

SALARIES AND EXPENSES

For necessary expenses for the Office of Labor Management

Standards, $41,367,000.

FFICE OF

EDERAL

ONTRACT

OMPLIANCE

ROGRAMS

SALARIES AND EXPENSES

For necessary expenses for the Office of Federal Contract

Compliance Programs, $105,386,000.

FFICE OF

ORKERS

’ C

OMPENSATION

ROGRAMS

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.

CCUPATIONAL

AFETY AND

EALTH

DMINISTRATION

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.

INE

AFETY AND

EALTH

DMINISTRATION

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

UREAU OF

ABOR

TATISTICS

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.

FFICE OF

ISABILITY

MPLOYMENT

OLICY

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.

EPARTMENTAL

ANAGEMENT

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.

ENERAL

ROVISIONS

. 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)

. 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.

. 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.

. 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.

. 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.

. 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)

. 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)

. 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’’.

. 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).

. 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)).

. 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.

. 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.

. 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

EALTH

ESOURCES AND

ERVICES

DMINISTRATION

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.

ENTERS FOR

ISEASE

ONTROL AND

REVENTION

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.

ATIONAL

NSTITUTES OF

EALTH

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.

UBSTANCE

BUSE AND

ENTAL

EALTH

ERVICES

DMINISTRATION

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’’.

GENCY FOR

EALTHCARE

ESEARCH AND

UALITY

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.

ENTERS FOR

EDICARE AND

EDICAID

ERVICES

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.

DMINISTRATION FOR

HILDREN AND

AMILIES

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.

DMINISTRATION ON

GING

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.

FFICE OF THE

ECRETARY

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.

ENERAL

ROVISIONS

. 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.

. 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.

. 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. S

. 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.

. 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)

. 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)

. 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)

. 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.

. 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.

. 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.

. 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.

. 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.

. 213. (a) A

UTHORITY

.—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) P

EER

EVIEW

.—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.

. 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.

. 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.

. 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)

. 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.

. 218. None of the funds made available in this title may

be used, in whole or in part, to advocate or promote gun control.

. 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

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.

. 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.

. 221. (a) E

STABLISHMENT OF

ATIONAL

ENTER FOR

DVANCING

RANSLATIONAL

CIENCES

; E

LIMINATION OF

ATIONAL

ENTER FOR

ESEARCH

ESOURCES

.—

(1) I

N 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

‘‘SEC. 479. NATIONAL CENTER FOR ADVANCING TRANSLATIONAL

SCIENCES.

‘‘(a) P

URPOSE

.—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) C

LINICAL

RIAL

CTIVITIES

.—

‘‘(1) I

N 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) E

XCEPTION

.—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) A

NNUAL

EPORT

.—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) L

IST 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) A

SSIGNMENT OF

ERTAIN

UNCTIONS OF

ORMER

ATIONAL

ENTER FOR

ESEARCH

ESOURCES

.—

(1) B

IOMEDICAL 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) C

ONSTRUCTION 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) S

ANCTUARY 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) S

HARED 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) I

NSTITUTIONAL 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) G

ENERAL

URPOSE

.—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

(i) by striking ‘‘(b)(1)(A) In the case of’’ and

inserting the following:

‘‘(b) I

NSTITUTIONAL

EVELOPMENT

WARD

ROGRAM

.—

‘‘(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’’.

SSIGNMENT OF

ERTAIN

FFICES AND

UNCTIONS TO

ATIONAL

ENTER FOR

DVANCING

RANSLATIONAL

CIENCES

.—

(1) C

URES 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’’;

and inserting ‘‘Director of the Center’’; and

(D) in the headings of subsections (d)(4) and (d)(4)(B),

by striking ‘‘D

IRECTOR OF NIH

’’ each place it appears and

inserting ‘‘D

IRECTOR OF THE CENTER

’’.

(2) O

FFICE 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) R

ARE 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) G

ENERAL 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 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) C

ONFORMING

MENDMENTS

.—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’’.

. 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

DUCATION FOR THE

ISADVANTAGED

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.

MPACT

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.

CHOOL

MPROVEMENT

ROGRAMS

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

NDIAN

DUCATION

For expenses necessary to carry out, to the extent not otherwise

provided, title VII, part A of the ESEA, $131,027,000.

NNOVATION AND

MPROVEMENT

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.

AFE

CHOOLS AND

ITIZENSHIP

DUCATION

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.

NGLISH

ANGUAGE

CQUISITION

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.

PECIAL

DUCATION

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.

EHABILITATION

ERVICES AND

ISABILITY

ESEARCH

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

PECIAL

NSTITUTIONS FOR

ERSONS

ITH

ISABILITIES

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.

AREER

, T

ECHNICAL

AND

DULT

DUCATION

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.

TUDENT

INANCIAL

SSISTANCE

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.

TUDENT

DMINISTRATION

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.

IGHER

DUCATION

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.

OWARD

NIVERSITY

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.

OLLEGE

OUSING AND

CADEMIC

ACILITIES

OANS

ROGRAM

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

ISTORICALLY

LACK

OLLEGE AND

NIVERSITY

APITAL

INANCING

ROGRAM

CCOUNT

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.

NSTITUTE OF

DUCATION

CIENCES

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.

EPARTMENTAL

ANAGEMENT

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

ENERAL

ROVISIONS

. 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.

. 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.

. 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)

. 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.

. 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.

. 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’’.

. 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) F

EDERAL

EGISTER

OTICE

.—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.

EES

.—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.

. 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’’.

. 309. (a) F

EDERAL

ELL

RANT

LIGIBILITY

.—

(1) M

INIMUM 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) D

URATION 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) Z

ERO

XPECTED

AMILY

ONTRIBUTION

.—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’’.

TUDENTS

IGH

CHOOL

RADUATES

.—

(1) A

MENDMENT

.—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

and inserting ‘‘have’’; and

(2) T

RANSITION

.—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) C

ONFORMING 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) T

EMPORARY

LIMINATION OF

NTEREST

UBSIDY

URING

DENT

OAN

RACE

ERIOD

.—

(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) R

EVISED

PECIAL

LLOWANCE

ALCULATION

.—

(1) R

EVISED 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) R

EVISED CALCULATION RULE TO REFLECT

FINANCIAL MARKET CONDITIONS

.—

‘‘(I) C

ALCULATION 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) L

OANS 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) T

ERMS OF WAIVER

.—

‘‘(aa) I

N 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.

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) E

XCEPTIONS

.—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) C

ONFORMING 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) R

EAPPROPRIATION OF

ANDATORY

AVINGS

.—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) E

FFECTIVE

ATE

.—The amendments made by subsections

(a), (b), and (c) shall take effect on July 1, 2012.

(h) I

NAPPLICABILITY OF

EGOTIATED

ULEMAKING AND

ASTER

ALENDAR

XCEPTION

.—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

OMMITTEE FOR

URCHASE

ROM

EOPLE

LIND OR

EVERELY

ISABLED

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.

ORPORATION FOR

ATIONAL AND

OMMUNITY

ERVICE

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

. 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

. 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.

. 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.

. 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.

ORPORATION FOR

UBLIC

ROADCASTING

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.

EDERAL

EDIATION AND

ONCILIATION

ERVICE

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.

EDERAL

INE

AFETY AND

EALTH

EVIEW

OMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Federal Mine Safety and Health

Review Commission, $17,637,000.

NSTITUTE OF

USEUM AND

IBRARY

ERVICES

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.

EDICAID AND

CHIP P

AYMENT AND

CCESS

OMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1900 of the Social

Security Act, $6,000,000.

EDICARE

AYMENT

DVISORY

OMMISSION

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.

ATIONAL

OUNCIL ON

ISABILITY

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.

ATIONAL

ABOR

ELATIONS

OARD

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

. 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.

ATIONAL

EDIATION

OARD

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.

CCUPATIONAL

AFETY AND

EALTH

EVIEW

OMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health

Review Commission, $11,689,000.

AILROAD

ETIREMENT

OARD

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.

OCIAL

ECURITY

DMINISTRATION

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.

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)

. 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.

. 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.

. 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.

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.

. 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’’.

. 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.

. 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.

of services covered by a managed care provider or organization

pursuant to a contract or other arrangement.

. 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).

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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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)

. 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.

. 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)

. 524. Of the funds made available under section 1322

of Public Law 111–148, $400,000,000 are rescinded.

(RESCISSION)

. 525. Of the funds made available for fiscal year 2012

under section 3403 of Public Law 111–148, $10,000,000 are

rescinded.

. 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.

. 527. (a) A

CROSS

THE

-B

OARD

ESCISSIONS

.—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) P

ROPORTIONATE

PPLICATION

.—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).

XCEPTION

.—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 R

EPORT

.—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

XPENSE

LLOWANCES

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.

EPRESENTATION

LLOWANCES FOR THE

AJORITY AND

INORITY

EADERS

For representation allowances of the Majority and Minority

Leaders of the Senate, $14,070 for each such Leader; in all, $28,140.

ALARIES

, O

FFICERS AND

MPLOYEES

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.

FFICE OF THE

EGISLATIVE

OUNSEL OF THE

ENATE

For salaries and expenses of the Office of the Legislative

Counsel of the Senate, $6,995,300.

FFICE OF

ENATE

EGAL

OUNSEL

For salaries and expenses of the Office of Senate Legal Counsel,

$1,449,000.

XPENSE

LLOWANCES OF THE

ECRETARY OF THE

ENATE

, S

GEANT AT

RMS AND

OORKEEPER OF THE

ENATE

AND

ECRE

TARIES FOR THE

AJORITY AND

INORITY OF THE

ENATE

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

ONTINGENT

XPENSES OF THE

ENATE

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

. 1. (a) I

ENERAL

.—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) E

FFECTIVE

ATE

.—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

ALARIES AND

XPENSES

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.

EMBERS

’ R

EPRESENTATIONAL

LLOWANCES

NCLUDING

EMBERS

’ C

LERK

IRE

, O

FFICIAL

XPENSES OF

EMBERS

AND

FFICIAL

AIL

For Members’ representational allowances, including Members’

clerk hire, official expenses, and official mail, $573,939,282.

OMMITTEE

MPLOYEES

TANDING

OMMITTEES

, S

PECIAL AND

ELECT

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.

OMMITTEE ON

PPROPRIATIONS

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.

ALARIES

, O

FFICERS AND

MPLOYEES

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.

LLOWANCES AND

XPENSES

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.

DMINISTRATIVE

ROVISIONS

. 101. (a) R

EQUIRING

MOUNTS

EMAINING IN

EMBERS

’

EPRESENTATIONAL

LLOWANCES

SED FOR

EFICIT

EDUC

TION OR

EDUCE THE

EDERAL

EBT

.—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—S

ALARIES AND

XPENSES

—

EMBERS

’ R

EPRESENTATIONAL

LLOWANCES

’’ 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) R

EGULATIONS

.—The Committee on House Administration

of the House of Representatives shall have authority to prescribe

regulations to carry out this section.

EFINITION

.—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.

EPUBLICAN

OLICY

OMMITTEE

. 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).’’.

respect to fiscal year 2012 and each succeeding fiscal year.

UTHORITY OF

PEAKER AND

INORITY

EADER TO

LLOCATE

UNDS

MONG

ERTAIN

OUSE

EADERSHIP

FFICES

. 103. (a) A

UTHORITY OF

PEAKER

.—

(1) A

UTHORITY 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) O

FFICES 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.

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) A

UTHORITY OF

INORITY

EADER

.—

(1) A

UTHORITY 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) O

FFICES 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).

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).

FFECTIVE

ATE

.—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.

EPUBLICAN

ONFERENCE AND THE

EMOCRATIC

TEERING AND

OLICY

OMMITTEE

. 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

as if included in the enactment of the Legislative Branch Appropria-

tions Act, 1999.

RANSFER OF

OUSE

MERGENCY

LANNING

, P

REPAREDNESS

AND

PERATIONS

UNCTIONS TO

ERGEANT AT

RMS

. 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:

OINT

CONOMIC

OMMITTEE

For salaries and expenses of the Joint Economic Committee,

$4,203,000, to be disbursed by the Secretary of the Senate.

OINT

ONGRESSIONAL

OMMITTEE ON

NAUGURAL

EREMONIES 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.

OINT

OMMITTEE ON

AXATION

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:

FFICE OF THE

TTENDING

HYSICIAN

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.

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.

FFICE OF

ONGRESSIONAL

CCESSIBILITY

ERVICES

ALARIES AND

XPENSES

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

. 1001. (a) I

ENERAL

.—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) E

MPLOYEE 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) E

MPLOYING 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) E

XCLUSION

ROM

ARTICIPATION IN

UAL

ROGRAMS

.—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) E

XCLUSION 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.’’.

FFECTIVE

ATE AND

PPLICATION

.—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

ALARIES

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.

ENERAL

XPENSES

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.

DMINISTRATIVE

ROVISIONS

(INCLUDING TRANSFER OF FUNDS)

. 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

. 1102. (a) W

AIVER OF

LAIM

.—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) I

NVESTIGATION OF

PPLICATION

; R

EPORT

.—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.

ROHIBITION OF

AIVER

NDER

ERTAIN

IRCUMSTANCES

.—

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) C

REDIT FOR

AIVER

.—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) E

FFECT OF

AIVER

.—An erroneous payment, the collection

of which is waived under subsection (a), is deemed a valid payment

for all purposes.

(f) C

ONSTRUCTION

ITH

THER

AWS

.—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) R

ULES AND

EGULATIONS

.—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) E

FFECTIVE

ATE

.—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

ALARIES AND

XPENSES

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

ALARIES AND

XPENSES

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

ENERAL

DMINISTRATION

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.

APITOL

UILDING

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.

APITOL

ROUNDS

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.

ENATE

FFICE

UILDINGS

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.

OUSE

FFICE

UILDINGS

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.

APITOL

OWER

LANT

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.

IBRARY

UILDINGS AND

ROUNDS

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.

APITOL

OLICE

UILDINGS

, G

ROUNDS AND

ECURITY

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.

OTANIC

ARDEN

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.

APITOL

ISITOR

ENTER

For all necessary expenses for the operation of the Capitol

Visitor Center, $21,276,000.

DMINISTRATIVE

ROVISIONS

(INCLUDING TRANSFER OF FUNDS)

USE OF CONSTRUCTION PROJECT FUNDS TO REIMBURSE CAPITOL

POLICE FOR RELATED OVERTIME COSTS

. 1201. (a) P

AYMENT OF

VERTIME

OSTS

.—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) E

FFECTIVE

ATE

.—This section shall apply with respect

to fiscal year 2013 and each succeeding fiscal year.

TRANSFER TO ARCHITECT OF THE CAPITOL

. 1202. (a) T

RANSFER

.—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) A

REA

ESCRIBED

.—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

ALARIES AND

XPENSES

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

OPYRIGHT

FFICE

ALARIES AND

XPENSES

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

of salaries and benefits for the Copyright Royalty Judges and staff

under section 802(e).

ONGRESSIONAL

ESEARCH

ERVICE

ALARIES AND

XPENSES

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

OOKS FOR THE

LIND AND

HYSICALLY

ANDICAPPED

ALARIES AND

XPENSES

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.

DMINISTRATIVE

ROVISIONS

EIMBURSABLE AND

EVOLVING

UND

CTIVITIES

. 1301. (a) I

ENERAL

.—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) A

CTIVITIES

.—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.

RANSFER OF

UNDS

.—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.

RANSFER

UTHORITY

. 1302. (a) I

ENERAL

.—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) L

IMITATION

.—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

. 1303. (a) I

ENERAL

.—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) E

FFECTIVE

ATE

.—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

. 1304. (a) D

ISPOSITION OF

ROPERTY

.—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) U

SE OF

ROCEEDS

.—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.

FFECTIVE

ATE

.—This section shall apply with respect

to fiscal year 2012 and each succeeding fiscal year.

GOVERNMENT PRINTING OFFICE

ONGRESSIONAL

RINTING AND

INDING

(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

FFICE OF

UPERINTENDENT OF

OCUMENTS

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.

OVERNMENT

RINTING

FFICE

EVOLVING

UND

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

ALARIES AND

XPENSES

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.

DMINISTRATIVE

ROVISION

. 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)’’.

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

. 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

. 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

. 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

. 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

. 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

. 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

. 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

. 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

. 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.

. 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.

. 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).

. 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

ILITARY

ONSTRUCTION

, A

RMY

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.

ILITARY

ONSTRUCTION

, N

AVY AND

ARINE

ORPS

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.

ILITARY

ONSTRUCTION

, A

ORCE

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

ILITARY

ONSTRUCTION

, D

EFENSE

-W

IDE

(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.

ILITARY

ONSTRUCTION

, A

RMY

ATIONAL

UARD

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.

ILITARY

ONSTRUCTION

, A

ATIONAL

UARD

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.

ILITARY

ONSTRUCTION

, A

RMY

ESERVE

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.

ILITARY

ONSTRUCTION

, N

AVY

ESERVE

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.

ILITARY

ONSTRUCTION

, A

ORCE

ESERVE

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

ORTH

TLANTIC

REATY

RGANIZATION

ECURITY

NVESTMENT

ROGRAM

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.

AMILY

OUSING

ONSTRUCTION

, A

RMY

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.

AMILY

OUSING

PERATION AND

AINTENANCE

, A

RMY

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.

AMILY

OUSING

ONSTRUCTION

, N

AVY AND

ARINE

ORPS

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.

AMILY

OUSING

PERATION AND

AINTENANCE

, N

AVY AND

ARINE

ORPS

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.

AMILY

OUSING

ONSTRUCTION

, A

ORCE

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.

AMILY

OUSING

PERATION AND

AINTENANCE

, A

ORCE

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

AMILY

OUSING

PERATION AND

AINTENANCE

, D

EFENSE

-W

IDE

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.

EPARTMENT OF

EFENSE

AMILY

OUSING

MPROVEMENT

UND

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.

OMEOWNERS

SSISTANCE

UND

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.

HEMICAL

EMILITARIZATION

ONSTRUCTION

, D

EFENSE

-W

IDE

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.

EPARTMENT OF

EFENSE

ASE

LOSURE

CCOUNT

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.

EPARTMENT OF

EFENSE

ASE

LOSURE

CCOUNT

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.

DMINISTRATIVE

ROVISIONS

. 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.

. 102. Funds made available in this title for construction

shall be available for hire of passenger motor vehicles.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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

. 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.

. 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.

. 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.

. 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.

. 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.

. 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.

. 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)

. 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)

. 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)

. 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.

. 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.

. 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.

. 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)

. 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

. 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.

. 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).

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.

. 127. None of the funds made available by this Act may