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
M
ILITARY
P
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.
M
ILITARY
P
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.
M
ILITARY
P
ERSONNEL
, M
ARINE
C
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.
M
ILITARY
P
ERSONNEL
, A
IR
F
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
R
ESERVE
P
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.
R
ESERVE
P
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.
R
ESERVE
P
ERSONNEL
, M
ARINE
C
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.
R
ESERVE
P
ERSONNEL
, A
IR
F
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.
N
ATIONAL
G
UARD
P
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.
N
ATIONAL
G
UARD
P
ERSONNEL
, A
IR
F
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
O
PERATION AND
M
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.
O
PERATION AND
M
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.
O
PERATION AND
M
AINTENANCE
, M
ARINE
C
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.
O
PERATION AND
M
AINTENANCE
, A
IR
F
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.
O
PERATION AND
M
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.
O
PERATION AND
M
AINTENANCE
, A
RMY
R
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.
O
PERATION AND
M
AINTENANCE
, N
AVY
R
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.
O
PERATION AND
M
AINTENANCE
, M
ARINE
C
ORPS
R
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.
O
PERATION AND
M
AINTENANCE
, A
IR
F
ORCE
R
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.
O
PERATION AND
M
AINTENANCE
, A
RMY
N
ATIONAL
G
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.
O
PERATION AND
M
AINTENANCE
, A
IR
N
ATIONAL
G
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
U
NITED
S
TATES
C
OURT OF
A
PPEALS FOR THE
A
RMED
F
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.
E
NVIRONMENTAL
R
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.
E
NVIRONMENTAL
R
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.
E
NVIRONMENTAL
R
ESTORATION
, A
IR
F
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.
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.
E
NVIRONMENTAL
R
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.
E
NVIRONMENTAL
R
ESTORATION
, F
ORMERLY
U
SED
D
EFENSE
S
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.
O
VERSEAS
H
UMANITARIAN
, D
ISASTER
,
AND
C
IVIC
A
ID
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407, 2557,
Determinations.
Determinations.
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125 STAT. 795 PUBLIC LAW 112–74—DEC. 23, 2011
and 2561 of title 10, United States Code), $107,662,000, to remain
available until September 30, 2013.
C
OOPERATIVE
T
HREAT
R
EDUCTION
A
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.
D
EPARTMENT OF
D
EFENSE
A
CQUISITION
W
ORKFORCE
D
EVELOPMENT
F
UND
For the Department of Defense Acquisition Workforce Develop-
ment Fund, $105,501,000.
TITLE III
PROCUREMENT
A
IRCRAFT
P
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.
M
ISSILE
P
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.
P
ROCUREMENT OF
W
EAPONS AND
T
RACKED
C
OMBAT
V
EHICLES
,
A
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.
P
ROCUREMENT OF
A
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.
O
THER
P
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.
A
IRCRAFT
P
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.
W
EAPONS
P
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.
P
ROCUREMENT OF
A
MMUNITION
, N
AVY AND
M
ARINE
C
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.
S
HIPBUILDING AND
C
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.
O
THER
P
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.
P
ROCUREMENT
, M
ARINE
C
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
A
IRCRAFT
P
ROCUREMENT
, A
IR
F
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.
M
ISSILE
P
ROCUREMENT
, A
IR
F
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.
P
ROCUREMENT OF
A
MMUNITION
, A
IR
F
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.
O
THER
P
ROCUREMENT
, A
IR
F
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.
P
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.
D
EFENSE
P
RODUCTION
A
CT
P
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
R
ESEARCH
, D
EVELOPMENT
, T
EST AND
E
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.
R
ESEARCH
, D
EVELOPMENT
, T
EST AND
E
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
R
ESEARCH
, D
EVELOPMENT
, T
EST AND
E
VALUATION
, A
IR
F
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.
R
ESEARCH
, D
EVELOPMENT
, T
EST AND
E
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.
O
PERATIONAL
T
EST AND
E
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
D
EFENSE
W
ORKING
C
APITAL
F
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
N
ATIONAL
D
EFENSE
S
EALIFT
F
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
D
EFENSE
H
EALTH
P
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.
C
HEMICAL
A
GENTS AND
M
UNITIONS
D
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.
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.
D
RUG
I
NTERDICTION AND
C
OUNTER
-D
RUG
A
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.
O
FFICE OF THE
I
NSPECTOR
G
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
C
ENTRAL
I
NTELLIGENCE
A
GENCY
R
ETIREMENT AND
D
ISABILITY
S
YSTEM
F
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.
I
NTELLIGENCE
C
OMMUNITY
M
ANAGEMENT
A
CCOUNT
For necessary expenses of the Intelligence Community Manage-
ment Account, $547,891,000.
TITLE VIII
GENERAL PROVISIONS
S
EC
. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not author-
ized by the Congress.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award: Pro-
vided, That no part of any appropriation contained in this Act
shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 10-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Pro-
vided further, That none of the funds provided in this Act may
be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract—
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procure-
ment activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
Budget request.
Deadline.
Notification.
Contracts.
Notification.
Deadlines.
10 USC 2306b
note.
Notification.
Deadline.
Notification.
Notification.
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125 STAT. 807 PUBLIC LAW 112–74—DEC. 23, 2011
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows:
UH–60M/HH–60M and MH–60R/MH–60S Helicopter Air-
frames; and MH–60R/S Mission Avionics and Common Cockpits.
S
EC
. 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.
S
EC
. 8012. (a) During fiscal year 2012, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2013 budget request for the Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2013 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2013.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
S
EC
. 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.
S
EC
. 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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 8020. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.
S
EC
. 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.
S
EC
. 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.
S
EC
. 8023. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (depart-
ment) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit mem-
bership corporation consisting of a consortium of other FFRDCs
and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
Kuwait.
Applicability.
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125 STAT. 810 PUBLIC LAW 112–74—DEC. 23, 2011
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2012 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government grants,
for absorption of contract overruns, or for certain charitable con-
tributions, not to include employee participation in community
service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2012, not more
than 5,750 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That of the specific amount referred
to previously in this subsection, not more than 1,125 staff years
may be funded for the defense studies and analysis FFRDCs: Pro-
vided further, That this subsection shall not apply to staff years
funded in the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2013 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $150,245,000.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 8027. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2012. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
S
EC
. 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.
S
EC
. 8029. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington relocatable military housing units
located at Grand Forks Air Force Base, Malmstrom Air Force Base,
Mountain Home Air Force Base, Ellsworth Air Force Base, and
Minot Air Force Base that are excess to the needs of the Air
Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a) in
accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington. Any such conveyance shall be subject to the condition
Housing.
Native
Americans.
State listing.
Definition.
Reports.
Memorandum.
Determination.
Contracts.
Rescission.
41 USC 8304
note.
Certification.
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125 STAT. 812 PUBLIC LAW 112–74—DEC. 23, 2011
that the housing units shall be removed within a reasonable period
of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
subsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
479a–1).
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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
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EC
. 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.
S
EC
. 8035. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from con-
tracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely
fashion.
S
EC
. 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.
S
EC
. 8037. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that head-
quarters.
Determination.
Contracts.
Determination.
Determination.
Labeling.
Fraud.
Debarment.
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125 STAT. 814 PUBLIC LAW 112–74—DEC. 23, 2011
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats; or
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense.
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. 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.
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. 8039. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department
of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s per-
sonnel-related costs for performance of that activity or func-
tion by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by— (A) not making an employer-sponsored health insur-
ance plan available to the workers who are to be employed
in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to con-
tribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection
(a) of this section or subsection (a), (b), or (c) of section 2461
Contracts.
Grants.
Waiver authority.
Determination.
Certification.
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125 STAT. 815 PUBLIC LAW 112–74—DEC. 23, 2011
of title 10, United States Code, and notwithstanding any adminis-
trative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that— (A) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O’Day Act (sec-
tion 8503 of title 41, United States Code);
(B) is planned to be converted to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped individuals
in accordance with that Act; or
(C) is planned to be converted to performance by a
qualified firm under at least 51 percent ownership by an
Indian tribe, as defined in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)), or a Native Hawaiian Organization, as defined
in section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)).
(2) This section shall not apply to depot contracts or con-
tracts for depot maintenance as provided in sections 2469 and
2474 of title 10, United States Code.
(c) The conversion of any activity or function of the Department
of Defense under the authority provided by this section shall be
credited toward any competitive or outsourcing goal, target, or
measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial activi-
ties.
(RESCISSIONS)
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. 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.
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. 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.
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. 8042. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
appropriated for that purpose.
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. 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.
S
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. 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.
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. 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.
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. 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.
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. 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.
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. 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.
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. 8049. (a) Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for the
current fiscal year may be obligated or expended to transfer to
another nation or an international organization any defense articles
or services (other than intelligence services) for use in the activities
described in subsection (b) unless the congressional defense commit-
tees, the Committee on Foreign Affairs of the House of Representa-
tives, and the Committee on Foreign Relations of the Senate are
notified 15 days in advance of such transfer.
(b) This section applies to—
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII
Applicability.
Notification.
Deadline.
Salaries.
Supercomputer.
Certification.
Applicability.
Waiver authority.
Certification.
Ball and roller
bearings.
50 USC 403f
note.
Drugs and drug
abuse.
10 USC 374 note.
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125 STAT. 818 PUBLIC LAW 112–74—DEC. 23, 2011
of the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforce-
ment, or humanitarian assistance operation.
(c) A notice under subsection (a) shall include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies,
or services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies—
(A) a statement of whether the inventory requirements
of all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
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. 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)
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. 8051. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
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. 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.
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. 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.
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. 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.
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. 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.
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. 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.
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. 8057. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
Waiver authority.
Determination.
Waiver authority.
Certification.
Anthracite.
Germany.
Reimbursement.
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125 STAT. 820 PUBLIC LAW 112–74—DEC. 23, 2011
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters
50–65) of the Harmonized Tariff Schedule and products classified
under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
7508, 8105, 8108, 8109, 8211, 8215, and 9404.
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. 8058. (a) None of the funds made available by this Act
may be used to support any training program involving a unit
of the security forces or police of a foreign country if the Secretary
of Defense has received credible information from the Department
of State that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been taken.
(b) The Secretary of Defense, in consultation with the Secretary
of State, shall ensure that prior to a decision to conduct any training
program referred to in subsection (a), full consideration is given
to all credible information available to the Department of State
relating to human rights violations by foreign security forces.
(c) The Secretary of Defense, after consultation with the Sec-
retary of State, may waive the prohibition in subsection (a) if
he determines that such waiver is required by extraordinary cir-
cumstances.
(d) Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a report
to the congressional defense committees describing the extraor-
dinary circumstances, the purpose and duration of the training
program, the United States forces and the foreign security forces
involved in the training program, and the information relating
to human rights violations that necessitates the waiver.
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. 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.
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. 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.
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. 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.
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. 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.
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. 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.
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. 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.
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. 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
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. 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)
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. 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.
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. 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.
S
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. 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.
S
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. 8070. (a) I
N
G
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
P
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
A
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)
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EC
. 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.
S
EC
. 8072. (a) None of the funds available to the Department
of Defense may be obligated to modify command and control rela-
tionships to give Fleet Forces Command operational and administra-
tive control of U.S. Navy forces assigned to the Pacific fleet.
(b) None of the funds available to the Department of Defense
may be obligated to modify command and control relationships
to give United States Transportation Command operational and
administrative control of C–130 and KC–135 forces assigned to
the Pacific and European Air Force Commands.
(c) The command and control relationships in subsections (a)
and (b) which existed on March 13, 2011, shall remain in force
unless changes are specifically authorized in a subsequent Act.
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125 STAT. 824 PUBLIC LAW 112–74—DEC. 23, 2011
(INCLUDING TRANSFER OF FUNDS)
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EC
. 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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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)
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EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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
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. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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)
S
EC
. 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)
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. 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.
S
EC
. 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.
S
EC
. 8100. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
S
EC
. 8101. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal con-
tract for an amount in excess of $1,000,000, unless the contractor
agrees not to—
(1) enter into any agreement with any of its employees
or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false impris-
onment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil Rights
Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, inten-
tional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available
by this Act may be expended for any Federal contract unless the
contractor certifies that it requires each covered subcontractor to
agree not to enter into, and not to take any action to enforce
any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or inde-
pendent contractor performing work related to such subcontract.
For purposes of this subsection, a ‘‘covered subcontractor’’ is an
Certification.
Contracts.
Time period.
Web posting.
Reports.
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125 STAT. 830 PUBLIC LAW 112–74—DEC. 23, 2011
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect
to a contractor’s or subcontractor’s agreements with employees or
independent contractors that may not be enforced in a court of
the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor
for the purposes of a particular contract or subcontract if the
Secretary or the Deputy Secretary personally determines that the
waiver is necessary to avoid harm to national security interests
of the United States, and that the term of the contract or sub-
contract is not longer than necessary to avoid such harm. The
determination shall set forth with specificity the grounds for the
waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any deter-
mination under this subsection not less than 15 business days
before the contract or subcontract addressed in the determination
may be awarded.
S
EC
. 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.
S
EC
. 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)
S
EC
. 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.
S
EC
. 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’’.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 8116. None of the funds appropriated in this or any
other Act may be used to plan, prepare for, or otherwise take
any action to undertake or implement the separation of the National
Study.
Reports.
Deadline.
Deadlines.
Reports.
Reports.
Deadline.
Recommenda-
tions.
Certification.
Deadline.
Waiver authority.
Certification.
Notification.
Deadline.
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125 STAT. 833 PUBLIC LAW 112–74—DEC. 23, 2011
Intelligence Program budget from the Department of Defense
budget.
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 8120. (a)(1) Except as provided in paragraph (2) and
subsection (d), none of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer any
individual detained at Guantanamo to the custody or control of
the individual’s country of origin, any other foreign country, or
any other foreign entity unless the Secretary of Defense submits
to Congress the certification described in subsection (b) not later
than 30 days before the transfer of the individual.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate—
Cuba.
Certification.
Deadline.
Khalid Sheikh
Mohammed.
Detainees.
Cuba.
Determination.
Grants.
Contracts.
Reprogramming
request.
Deadline.
Determination.
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125 STAT. 834 PUBLIC LAW 112–74—DEC. 23, 2011
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
(b) A certification described in this subsection is a written
certification made by the Secretary of Defense, with the concurrence
of the Secretary of State and in consultation with the Director
of National Intelligence, that—
(1) the government of the foreign country or the recognized
leadership of the foreign entity to which the individual detained
at Guantanamo is to be transferred—
(A) is not a designated state sponsor of terrorism or
a designated foreign terrorist organization;
(B) maintains control over each detention facility in
which the individual is to be detained if the individual
is to be housed in a detention facility;
(C) is not, as of the date of the certification, facing
a threat that is likely to substantially affect its ability
to exercise control over the individual;
(D) has taken or agreed to take effective actions to
ensure that the individual cannot take action to threaten
the United States, its citizens, or its allies in the future;
(E) has taken or agreed to take such actions as the
Secretary of Defense determines are necessary to ensure
that the individual cannot engage or reengage in any ter-
rorist activity; and
(F) has agreed to share with the United States any
information that—
(i) is related to the individual or any associates
of the individual; and
(ii) could affect the security of the United States,
its citizens, or its allies; and
(2) includes an assessment, in classified or unclassified
form, of the capacity, willingness, and past practices (if
applicable) of the foreign country or entity in relation to the
Secretary’s certifications.
(c)(1) Except as provided in paragraph (2) and subsection (d),
none of the funds appropriated or otherwise made available in
this or any other Act may be used to transfer any individual
detained at Guantanamo to the custody or control of the individual’s
country of origin, any other foreign country, or any other foreign
entity if there is a confirmed case of any individual who was
detained at United States Naval Station, Guantanamo Bay, Cuba,
at any time after September 11, 2001, who was transferred to
such foreign country or entity and subsequently engaged in any
terrorist activity.
(2) Paragraph (1) shall not apply to any action taken by the
Secretary to transfer any individual detained at Guantanamo to
effectuate—
(A) an order affecting the disposition of the individual
that is issued by a court or competent tribunal of the United
States having lawful jurisdiction (which the Secretary shall
notify Congress of promptly after issuance); or
(B) a pre-trial agreement entered in a military commission
case prior to the date of the enactment of this Act.
Notification.
Cuba.
Notification.
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125 STAT. 835 PUBLIC LAW 112–74—DEC. 23, 2011
(d)(1) The Secretary of Defense may waive the applicability
to a detainee transfer of a certification requirement specified in
subparagraph (D) or (E) of subsection (b)(1) or the prohibition
in subsection (c), if the Secretary certifies the rest of the criteria
required by subsection (b) for transfers prohibited by (c) and, with
the concurrence of the Secretary of State and in consultation with
the Director of National Intelligence, determines that—
(A) alternative actions will be taken to address the under-
lying purpose of the requirement or requirements to be waived;
(B) in the case of a waiver of subparagraph (D) or (E)
of subsection (b)(1), it is not possible to certify that the risks
addressed in the paragraph to be waived have been completely
eliminated, but the actions to be taken under subparagraph
(A) will substantially mitigate such risks with regard to the
individual to be transferred;
(C) in the case of a waiver of subsection (c), the Secretary
has considered any confirmed case in which an individual who
was transferred to the country subsequently engaged in ter-
rorist activity, and the actions to be taken under subparagraph
(A) will substantially mitigate the risk of recidivism with regard
to the individual to be transferred; and
(D) the transfer is in the national security interests of
the United States.
(2) Whenever the Secretary makes a determination under para-
graph (1), the Secretary shall submit to the appropriate committees
of Congress, not later than 30 days before the transfer of the
individual concerned, the following:
(A) A copy of the determination and the waiver concerned.
(B) A statement of the basis for the determination,
including—
(i) an explanation why the transfer is in the national
security interests of the United States; and
(ii) in the case of a waiver of subparagraph (D) or
(E) of subsection (b)(1), an explanation why it is not possible
to certify that the risks addressed in the subparagraph
to be waived have been completely eliminated.
(C) A summary of the alternative actions to be taken to
address the underlying purpose of, and to mitigate the risks
addressed in, the subparagraph or subsection to be waived.
(D) The assessment required by subsection (b)(2).
(e) In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Armed Services, the Committee
on Appropriations, and the Select Committee on Intel-
ligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) The term ‘‘individual detained at Guantanamo’’ means
any individual located at United States Naval Station, Guanta-
namo Bay, Cuba, as of October 1, 2009, who—
(A) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(B) is—
(i) in the custody or under the control of the
Department of Defense; or
Definitions.
Deadline.
Submissions.
Waiver authority.
Certification.
Determination.
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125 STAT. 836 PUBLIC LAW 112–74—DEC. 23, 2011
(ii) otherwise under detention at United States
Naval Station, Guantanamo Bay, Cuba.
(3) The term ‘‘foreign terrorist organization’’ means any
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
S
EC
. 8121. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guanta-
namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
S
EC
. 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.
S
EC
. 8123. Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the approximately
$100,000,000,000 in efficiency savings identified by the military
departments in the defense budget covering fiscal years 2012
through 2016 that are to be reinvested in the priorities of the
military departments. Such report shall include an analysis of—
(1) each savings identified by the military departments,
including—
(A) the budget account from which such savings will
be derived;
(B) the number of military personnel and full-time
civilian employees of the Federal Government affected by
such savings;
(C) the estimated reductions in the number and
funding of contractor personnel caused by such savings;
and
(D) a specific description of activities or services that
will be affected by such savings, including the locations
of such activities or services; and
(2) each reinvestment planned to be funded with such
savings, including—
Deadline.
Reports.
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125 STAT. 837 PUBLIC LAW 112–74—DEC. 23, 2011
(A) with respect to such reinvestment in procurement
and research, development, test and evaluation accounts,
the budget account to which such savings will be
reinvested, including, by line item, the number of items
to be procured, as shown in annual P–1 and R–1 docu-
ments;
(B) with respect to such reinvestment in military per-
sonnel and operation and maintenance accounts, the budget
account and the subactivity (as shown in annual–1 and
O–1 budget documents) to which such savings will be
reinvested;
(C) the number of military personnel and full-time
civilian employees of the Federal Government affected by
such reinvestment;
(D) the estimated number and funding of contractor
personnel affected by such reinvestment; and
(E) a specific description of activities or services that
will be affected by such reinvestment, including the loca-
tions of such activities or services.
S
EC
. 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.
S
EC
. 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)
S
EC
. 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.
S
EC
. 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)).
S
EC
. 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).
S
EC
. 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
M
ILITARY
P
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.
M
ILITARY
P
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.
M
ILITARY
P
ERSONNEL
, M
ARINE
C
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
M
ILITARY
P
ERSONNEL
, A
IR
F
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.
R
ESERVE
P
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.
R
ESERVE
P
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.
R
ESERVE
P
ERSONNEL
, M
ARINE
C
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.
R
ESERVE
P
ERSONNEL
, A
IR
F
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.
N
ATIONAL
G
UARD
P
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.
N
ATIONAL
G
UARD
P
ERSONNEL
, A
IR
F
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
O
PERATION AND
M
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.
O
PERATION AND
M
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.
O
PERATION AND
M
AINTENANCE
, M
ARINE
C
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.
O
PERATION AND
M
AINTENANCE
, A
IR
F
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.
O
PERATION AND
M
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.
O
PERATION AND
M
AINTENANCE
, A
RMY
R
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.
O
PERATION AND
M
AINTENANCE
, N
AVY
R
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.
O
PERATION AND
M
AINTENANCE
, M
ARINE
C
ORPS
R
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.
O
PERATION AND
M
AINTENANCE
, A
IR
F
ORCE
R
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.
O
PERATION AND
M
AINTENANCE
, A
RMY
N
ATIONAL
G
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.
O
PERATION AND
M
AINTENANCE
, A
IR
N
ATIONAL
G
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.
A
FGHANISTAN
I
NFRASTRUCTURE
F
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.
A
FGHANISTAN
S
ECURITY
F
ORCES
F
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
A
IRCRAFT
P
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.
Notification.
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125 STAT. 844 PUBLIC LAW 112–74—DEC. 23, 2011
M
ISSILE
P
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.
P
ROCUREMENT OF
W
EAPONS AND
T
RACKED
C
OMBAT
V
EHICLES
,
A
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.
P
ROCUREMENT OF
A
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.
O
THER
P
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.
A
IRCRAFT
P
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.
W
EAPONS
P
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
P
ROCUREMENT OF
A
MMUNITION
, N
AVY AND
M
ARINE
C
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.
O
THER
P
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.
P
ROCUREMENT
, M
ARINE
C
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.
A
IRCRAFT
P
ROCUREMENT
, A
IR
F
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.
M
ISSILE
P
ROCUREMENT
, A
IR
F
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.
P
ROCUREMENT OF
A
MMUNITION
, A
IR
F
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.
O
THER
P
ROCUREMENT
, A
IR
F
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.
P
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.
N
ATIONAL
G
UARD AND
R
ESERVE
E
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.
M
INE
R
ESISTANT
A
MBUSH
P
ROTECTED
V
EHICLE
F
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
R
ESEARCH
, D
EVELOPMENT
, T
EST AND
E
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.
R
ESEARCH
, D
EVELOPMENT
, T
EST AND
E
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.
R
ESEARCH
, D
EVELOPMENT
, T
EST AND
E
VALUATION
, A
IR
F
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.
R
ESEARCH
, D
EVELOPMENT
, T
EST AND
E
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
D
EFENSE
W
ORKING
C
APITAL
F
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
D
EFENSE
H
EALTH
P
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.
D
RUG
I
NTERDICTION AND
C
OUNTER
-D
RUG
A
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.
J
OINT
I
MPROVISED
E
XPLOSIVE
D
EVICE
D
EFEAT
F
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.
O
FFICE OF THE
I
NSPECTOR
G
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
S
EC
. 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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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).
S
EC
. 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.
S
EC
. 9010. (a) F
UNDING FOR
O
UTREACH AND
R
EINTEGRATION
S
ERVICES
U
NDER
Y
ELLOW
R
IBBON
R
EINTEGRATION
P
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
N
OT
S
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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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
S
EC
. 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.
S
EC
. 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
C
ORPS OF
E
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)
S
EC
. 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
E
M
INIMUS
R
EPROGRAMMINGS
.—In no case should a re-
programming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) C
ONTINUING
A
UTHORITIES
P
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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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
F
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
(c) R
IGHT OF
F
IRST
R
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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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
S
EC
. 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.
S
EC
. 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.
S
EC
. 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
A
CQUIRED
L
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.’’.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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
EC
. 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
C
ENTRAL
U
TAH
P
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.
B
UREAU OF
R
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
S
EC
. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
appropriations Acts to the agencies or entities funded in title II
of this Act for Water and Related Resources that remain available
for obligation or expenditure in fiscal year 2012, shall be available
for obligation or expenditure through a reprogramming of funds
that— (1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropria-
tions of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $300,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any pro-
gram, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased con-
tractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of the House
of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term ‘‘transfer’’ means
any movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quar-
terly basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories
of funding. The first quarterly report shall be submitted not later
than 60 days after the date of enactment of this Act.
Reports.
Deadlines.
Definition.
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125 STAT. 865 PUBLIC LAW 112–74—DEC. 23, 2011
S
EC
. 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.
S
EC
. 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.
S
EC
. 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’’.
S
EC
. 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.
S
EC
. 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.
S
EC
. 207. (a) Subject to compliance with all applicable Federal
and State laws, a transfer of irrigation water among Central Valley
Project contractors from the Friant, San Felipe, West San Joaquin,
and Delta divisions, and a transfer from a long-term Friant Division
water service or repayment contractor to a temporary or prior
temporary service contractors within the place of use in existence
on the date of the transfer, as identified in the Bureau of Reclama-
tion water rights permits for the Friant Division, shall be considered
to meet the conditions described in subparagraphs (A) and (I) of
section 3405(a)(1) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102–575; 106 Stat. 4709).
(b) The Secretary of the Interior, acting through the Director
of the United States Fish and Wildlife Service and the Commis-
sioner of the Bureau of Reclamation shall initiate and complete,
on the most expedited basis practicable, programmatic environ-
mental compliance so as to facilitate voluntary water transfers
within the Central Valley Project, consistent with all applicable
Federal and State law.
(c) Not later than 180 days after the date of enactment of
this Act and each of the 4 years thereafter, the Commissioner
of the Bureau of Reclamation shall submit to the committee on
Appropriations of the House of Representatives and the Committee
on Appropriations of the Senate a report that describes the status
of efforts to help facilitate and improve the water transfers within
the Central Valley Project and water transfers between the Central
Valley Project and other water projects in the State of California;
evaluates potential effects of this Act on Federal programs, Indian
tribes, Central Valley Project operations, the environment, ground-
water aquifers, refuges, and communities; and provides rec-
ommendations on ways to facilitate and improve the process for
these transfers.
S
EC
. 208. (a) P
ERMITTED
U
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
B
ASIN
R
ESTORATION
P
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
E
NERGY
E
FFICIENCY AND
R
ENEWABLE
E
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.
E
LECTRICITY
D
ELIVERY AND
E
NERGY
R
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
N
UCLEAR
E
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.
F
OSSIL
E
NERGY
R
ESEARCH AND
D
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.
N
AVAL
P
ETROLEUM AND
O
IL
S
HALE
R
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.
S
TRATEGIC
P
ETROLEUM
R
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
A
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.
N
ORTHEAST
H
OME
H
EATING
O
IL
R
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.
E
NERGY
I
NFORMATION
A
DMINISTRATION
For necessary expenses in carrying out the activities of the
Energy Information Administration, $105,000,000, to remain avail-
able until expended.
N
ON
-
DEFENSE
E
NVIRONMENTAL
C
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.
U
RANIUM
E
NRICHMENT
D
ECONTAMINATION AND
D
ECOMMISSIONING
F
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.
S
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.
A
DVANCED
R
ESEARCH
P
ROJECTS
A
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.
T
ITLE
17 I
NNOVATIVE
T
ECHNOLOGY
L
OAN
G
UARANTEE
P
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.
A
DVANCED
T
ECHNOLOGY
V
EHICLES
M
ANUFACTURING
L
OAN
P
ROGRAM
For administrative expenses in carrying out the Advanced Tech-
nology Vehicles Manufacturing Loan Program, $6,000,000, to
remain available until expended.
D
EPARTMENTAL
A
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.
O
FFICE OF THE
I
NSPECTOR
G
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
W
EAPONS
A
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.
D
EFENSE
N
UCLEAR
N
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
N
AVAL
R
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.
O
FFICE OF THE
A
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
D
EFENSE
E
NVIRONMENTAL
C
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.
O
THER
D
EFENSE
A
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
B
ONNEVILLE
P
OWER
A
DMINISTRATION
F
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.
O
PERATION AND
M
AINTENANCE
, S
OUTHEASTERN
P
OWER
A
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).
O
PERATION AND
M
AINTENANCE
, S
OUTHWESTERN
P
OWER
A
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).
C
ONSTRUCTION
, R
EHABILITATION
, O
PERATION AND
M
AINTENANCE
,
W
ESTERN
A
REA
P
OWER
A
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).
F
ALCON AND
A
MISTAD
O
PERATING AND
M
AINTENANCE
F
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.
F
EDERAL
E
NERGY
R
EGULATORY
C
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)
S
EC
. 301. (a) No appropriation, funds, or authority made avail-
able by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made avail-
able in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multi-year contract, award a multi-year
grant, or enter into a multi-year cooperative agreement unless
the contract, grant, or cooperative agreement includes a clause
conditioning the Federal Government’s obligation on the availability
of future-year budget authority and the Secretary notifies the
Committees on Appropriations of the House of Representatives and
the Senate at least 14 days in advance.
(c) Except as provided in this section, the amounts made avail-
able by this title shall be expended as authorized by law for the
projects and activities specified in the ‘‘Conference’’ column in the
‘‘Department of Energy’’ table included under the heading ‘‘Title
III—Department of Energy’’ in the joint explanatory statement
accompanying this Act.
Contracts.
Grants.
Notification.
Deadline.
42 USC 7171
note.
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125 STAT. 876 PUBLIC LAW 112–74—DEC. 23, 2011
(d) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Depart-
ment shall notify the Committees on Appropriations of the House
of Representatives and the Senate at least 30 days prior to the
use of any proposed reprogramming which would cause any pro-
gram, project, or activity funding level to increase or decrease
by more than $5,000,000 or 10 percent, whichever is less, during
the time period covered by this Act.
(e) Notwithstanding subsection (c), none of the funds provided
in this title shall be available for obligation or expenditure through
a reprogramming of funds that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(f)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of any waiver under paragraph (1) as soon as prac-
ticable, but not later than 3 days after the date of the activity
to which a requirement or restriction would otherwise have applied.
Such notice shall include an explanation of the substantial risk
under paragraph (1) that permitted such waiver.
S
EC
. 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.
S
EC
. 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.
S
EC
. 304. (a) S
UBMISSION TO
C
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.
(c) C
ONSISTENCY IN
B
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.
S
EC
. 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
A
PPROPRIATION OR
C
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.’’.
S
EC
. 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.
S
EC
. 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
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 312. (a) Any determination (including a determination
made prior to the date of enactment of this Act) by the Secretary
pursuant to section 3112(d)(2)(B) of the USEC Privatization Act
(110 Stat. 1321–335), as amended, that the sale or transfer of
uranium will not have an adverse material impact on the domestic
uranium mining, conversion, or enrichment industry shall be valid
for not more than 2 calendar years subsequent to such determina-
tion.
(b) Not less than 30 days prior to the transfer, sale, barter,
distribution, or other provision of uranium in any form for the
purpose of accelerating cleanup at a Federal site, the Secretary
shall notify the House and Senate Committees on Appropriations
of the following:
(1) the amount of uranium to be transferred, sold, bartered,
distributed, or otherwise provided;
Deadline.
Notification.
Determination.
Uranium.
Determination.
Notification.
Deadline.
Grants.
Contracts.
Notification.
Deadline.
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125 STAT. 879 PUBLIC LAW 112–74—DEC. 23, 2011
(2) an estimate by the Secretary of the gross market value
of the uranium on the expected date of the transfer, sale,
barter, distribution, or other provision of the uranium;
(3) the expected date of transfer, sale, barter, distribution,
or other provision of the uranium;
(4) the recipient of the uranium; and
(5) the value of the services the Secretary expects to receive
in exchange for the uranium, including any reductions to the
gross value of the uranium by the recipient.
(c) Not later than June 30, 2012, the Secretary shall submit
to the House and Senate Committees on Appropriations a revised
excess uranium inventory management plan for fiscal years 2013
through 2018.
(d) Not later than December 31, 2011 the Secretary shall submit
to the House and Senate Committees on Appropriations a report
evaluating the economic feasibility of re-enriching depleted uranium
located at Federal sites.
S
EC
. 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.
S
EC
. 314. (a) The Secretary of Energy may openly compete
and issue an award to allow a third party, on a fee-for-service
basis, to operate and maintain a metering station of the Strategic
Petroleum Reserve that is underutilized (as defined in section 102–
75.50 of title 41, Code of Federal Regulations (or successor regula-
tions)) and related equipment.
(b) Not later than 30 days before the issuance of such award,
the Secretary of Energy shall certify to the Committees on Appro-
priations of the House of Representatives and the Senate that
the award will not reduce the reliability or accessibility of the
Strategic Petroleum Reserve, raise costs of oil in the local market,
or negatively impact the supply of oil to current users.
(c) Funds collected under subsection (a) shall be deposited
in the general fund of the Treasury.
S
EC
. 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.
S
EC
. 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
A
PPALACHIAN
R
EGIONAL
C
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.
D
EFENSE
N
UCLEAR
F
ACILITIES
S
AFETY
B
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.
D
ELTA
R
EGIONAL
A
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.
D
ENALI
C
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
N
ORTHERN
B
ORDER
R
EGIONAL
C
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.
S
OUTHEAST
C
RESCENT
R
EGIONAL
C
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.
N
UCLEAR
R
EGULATORY
C
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
N
UCLEAR
W
ASTE
T
ECHNICAL
R
EVIEW
B
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.
O
FFICE OF THE
F
EDERAL
C
OORDINATOR FOR
A
LASKA
N
ATURAL
G
AS
T
RANSPORTATION
P
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
S
EC
. 401. (a) None of the funds provided in this title for
‘‘Nuclear Regulatory Commission—Salaries and Expenses’’ shall be
available for obligation or expenditure through a reprogramming
of funds that—
(1) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(2) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(b) The Chairman of the Nuclear Regulatory Commission may
not terminate any program, project, or activity without the approval
of a majority vote of the Commissioners of the Nuclear Regulatory
Commission approving such action.
(c) The Nuclear Regulatory Commission may waive the restric-
tion on reprogramming under subsection (a) on a case-by-case basis
by certifying to the Committees on Appropriations of the House
of Representatives and the Senate that such action is required
to address national security or imminent risks to public safety.
Each such waiver certification shall include a letter from the Chair-
man of the Commission that a majority of Commissioners of the
Nuclear Regulatory Commission have voted and approved the re-
programming waiver certification.
S
EC
. 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
S
EC
. 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.
S
EC
. 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.
S
EC
. 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).
S
EC
. 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.
S
EC
. 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.
S
EC
. 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
D
EPARTMENTAL
O
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.
F
INANCIAL
C
RIMES
E
NFORCEMENT
N
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.
T
REASURY
F
ORFEITURE
F
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
F
INANCIAL
M
ANAGEMENT
S
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.
A
LCOHOL AND
T
OBACCO
T
AX AND
T
RADE
B
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.
U
NITED
S
TATES
M
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.
B
UREAU OF THE
P
UBLIC
D
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
C
OMMUNITY
D
EVELOPMENT
F
INANCIAL
I
NSTITUTIONS
F
UND
P
ROGRAM
A
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).
I
NTERNAL
R
EVENUE
S
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)
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
A
DMINISTRATIVE
P
ROVISIONS
—D
EPARTMENT OF THE
T
REASURY
(INCLUDING TRANSFERS OF FUNDS)
S
EC
. 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
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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’’.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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’’.
S
EC
. 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.
S
EC
. 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’’.
S
EC
. 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’’.
S
EC
. 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,’’.
S
EC
. 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
C
OMPENSATION OF THE
P
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.
T
HE
W
HITE
H
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.
E
XECUTIVE
R
ESIDENCE AT THE
W
HITE
H
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.
W
HITE
H
OUSE
R
EPAIR AND
R
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.
C
OUNCIL OF
E
CONOMIC
A
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
N
ATIONAL
S
ECURITY
C
OUNCIL AND
H
OMELAND
S
ECURITY
C
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.
O
FFICE OF
A
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.
O
FFICE OF
M
ANAGEMENT AND
B
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
O
FFICE OF
N
ATIONAL
D
RUG
C
ONTROL
P
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.
I
NTEGRATED
, E
FFICIENT AND
E
FFECTIVE
U
SES OF
I
NFORMATION
T
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.
U
NANTICIPATED
N
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.
S
PECIAL
A
SSISTANCE TO THE
P
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
O
FFICIAL
R
ESIDENCE OF THE
V
ICE
P
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.
A
DMINISTRATIVE
P
ROVISIONS
—E
XECUTIVE
O
FFICE OF THE
P
RESIDENT AND
F
UNDS
A
PPROPRIATED TO THE
P
RESIDENT
(INCLUDING TRANSFERS OF FUNDS AND RESCISSIONS)
S
EC
. 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.
S
EC
. 202. The Director of the Office of Management and Budget
shall submit to the Committees on Appropriations of the House
and the Senate a report on the implementation of Executive Order
No. 13563 (76 Fed. Reg. 3821; relating to Improving Regulation
and Regulatory Review) by April 2, 2012. The report shall include
information on—
(a) increasing public participation in the rulemaking
process and reducing uncertainty;
(b) improving coordination across Federal agencies to elimi-
nate redundant, inconsistent, and overlapping regulations; and
(c) identifying existing regulations that have been reviewed
and determined to be outmoded, ineffective, or excessively
burdensome.
S
EC
. 203. Within 120 days after the date of enactment of
this section, the Director of the Office of Management and Budget
shall submit a report to the Committees on Appropriations of the
House and the Senate on the costs of implementing the Dodd-
Frank Wall Street Reform and Consumer Protection Act (Public
Law 111–203). Such report shall include—
Deadline.
Reports.
Reports.
Time period.
Notification.
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125 STAT. 898 PUBLIC LAW 112–74—DEC. 23, 2011
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2014, by Federal agency and by
fiscal year, including—
(A) the estimated obligations by cost inputs such as
rent, information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate
such estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
(2) the estimated receipts through fiscal year 2014 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including—
(A) the methodology and data sources used to calculate
such estimated collections; and
(B) the specific section of such Act that authorizes
the collection of funds.
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 207. From the unobligated balances of prior year appro-
priations made available for the Counterdrug Technology Assess-
ment Center, $5,244,639 are rescinded.
S
EC
. 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.
S
EC
. 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
S
UPREME
C
OURT OF THE
U
NITED
S
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.
U
NITED
S
TATES
C
OURT OF
A
PPEALS FOR THE
F
EDERAL
C
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.
U
NITED
S
TATES
C
OURT OF
I
NTERNATIONAL
T
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.
C
OURTS OF
A
PPEALS
, D
ISTRICT
C
OURTS
,
AND
O
THER
J
UDICIAL
S
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.
A
DMINISTRATIVE
O
FFICE OF THE
U
NITED
S
TATES
C
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.
F
EDERAL
J
UDICIAL
C
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.
J
UDICIAL
R
ETIREMENT
F
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.
U
NITED
S
TATES
S
ENTENCING
C
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.
A
DMINISTRATIVE
P
ROVISIONS
—T
HE
J
UDICIARY
(INCLUDING TRANSFER OF FUNDS)
S
EC
. 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.
S
EC
. 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.
S
EC
. 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.
S
EC
. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
S
EC
. 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.
S
EC
. 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
F
EDERAL
F
UNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $30,000,000, to remain available until expended:
Provided, That