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, Tha