H.R.2055 - Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2012
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. view all titles (25)
All Bill Titles
- Official: 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. as introduced.
- Short: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2012 as introduced.
- Short: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2012 as reported to house.
- Short: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2012 as passed house.
- Short: Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2012 as reported to senate.
- Short: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2012 as reported to senate.
- Short: Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2012 as passed senate.
- Short: Consolidated Appropriations Act, 2012 as enacted.
- Short: Department of Defense Appropriations Act, 2012 as enacted.
- Short: Department of Education Appropriations Act, 2012 as enacted.
- Short: Department of Health and Human Services Appropriations Act, 2012 as enacted.
- Short: Department of Homeland Security Appropriations Act, 2012 as enacted.
- Short: Department of Labor Appropriations Act, 2012 as enacted.
- Short: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 as enacted.
- Short: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 as enacted.
- Short: Department of the Treasury Appropriations Act, 2012 as enacted.
- Short: Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2012 as enacted.
- Short: Disaster Assistance Recoupment Fairness Act of 2011 as enacted.
- Short: District of Columbia Appropriations Act, 2012 as enacted.
- Short: Energy and Water Development and Related Agencies Appropriations Act, 2012 as enacted.
- Short: Executive Office of the President Appropriations Act, 2012 as enacted.
- Short: Financial Services and General Government Appropriations Act, 2012 as enacted.
- Short: Judiciary Appropriations Act, 2012 as enacted.
- Short: Legislative Branch Appropriations Act, 2012 as enacted.
- Short: Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2012 as enacted.
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Official Summary12/23/2011--Public Law. (This measure has not been amended since the Conference Report was filed in the House on December 15, 2011. The summary of that version is repeated here.) Consolidated Appropriations Act, 2012 - Division A: Department of Defense Appropriations Act, 2012 - Department
Official Summary12/23/2011--Public Law. (This measure has not been amended since the Conference Report was filed in the House on December 15, 2011. The summary of that version is repeated here.) Consolidated Appropriations Act, 2012 - Division A: Department of Defense Appropriations Act, 2012 - Department of Defense Appropriations Act, 2012 - Title I: Military Personnel - Appropriates funds for FY2012 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force. Title II: Operation and Maintenance - Appropriates funds for FY2012 for operation and maintenance (O&M) for the military departments, the defense agencies, the reserve components, and the Army and Air National Guard. Appropriates funds for:
(1) the United States Court of Appeals for the Armed Forces;
(2) environmental restoration for the military departments, the Department of Defense (DOD), and at formerly used defense sites;
(3) overseas humanitarian, disaster, and civic aid;
(4) former Soviet Union threat reduction; and
(5) the Department of Defense Acquisition Workforce Development Fund. Title III: Procurement - Appropriates funds for FY2012 for procurement by the Armed Forces of aircraft, missiles, weapons, tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Appropriates funds for:
(1) defense-wide procurement, and
(2) certain procurements under the Defense Production Act of 1950. Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY2012 for research, development, test and evaluation (RDT&E) by the Armed Forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation. Title V: Revolving and Management Funds - Appropriates funds for:
(1) the Defense Working Capital Funds, and
(2) programs under the National Defense Sealift Fund. Title VI: Other Department of Defense Programs - Appropriates funds for:
(1) the Defense Health Program;
(2) the destruction of lethal chemical agents and munitions;
(3) drug interdiction and counter-drug activities, defense; and
(4) the Office of the Inspector General. Title VII: Related Agencies - Appropriates funds for the:
(1) Central Intelligence Agency Retirement and Disability System Fund, and
(2) Intelligence Community Management Account. Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of authorized funds.
(Sec. 8007)Requires a report from DOD to the defense committees to establish the baseline for application of FY2012 reprogramming and transfer authorities.
(Sec. 8010)Allows for the use of procurement funds for multiyear contracts for:
(1) UH-60M/HH-60M and MH-60R/MH-60S helicopter airframes; and MH-60R/S mission avionics and common cockpits.
(Sec. 8012)Prohibits, during FY2012, the management by end strengths of DOD civilian personnel.
(Sec. 8021)Authorizes DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of receipts of contributions from the government of Kuwait.
(Sec. 8023)Prohibits the use of funds from this Act to establish a new federally funded research and development center (FFRDC). Limits the federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY2012 funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY2012 funds. Reduces, by $150.245 million, the total amount appropriated in this Act for FFRDCs.
(Sec. 8024)Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.
(Sec. 8027)Requires the Secretary of Defense (Secretary) to report to Congress on the amount of DOD purchases from foreign entities in FY2012.
(Sec. 8029)Authorizes the Secretary of the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Elllsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising after such conveyance.
(Sec. 8035)Prohibits the use of funds:
(1) by a DOD entity without compliance with the Buy American Act;
(2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program and Army agencies established to eliminate, mitigate, or counter the effects of improvised explosive devices, or to improve the effectiveness and efficiencies of biometric activities;
(3) to convert to contractor performance a DOD activity or function performed by DOD civilian employees, unless specified conditions are met;
(4) for assistance to the Democratic People's Republic of North Korea, unless specifically appropriated for such purpose; and
(5) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2003, level.
(Sec. 8040)Rescinds specified funds from various accounts under prior defense appropriations Acts.
(Sec. 8045)Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency (CIA) for drug interdiction or counter-drug activities.
(Sec. 8049)Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any United Nations (UN) peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless Congress is given 15 days' advance notice.
(Sec. 8056)Prohibits funds from being used to approve or license the sale of the F-22A advanced tactical fighter to any foreign government.
(Sec. 8057)Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if:
(1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items, and
(2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.
(Sec. 8058)Prohibits the use of appropriated funds to support any training program involving a unit of the security forces of a foreign country if the Secretary has received credible information that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees within 15 days after any such waiver).
(Sec. 8063)Authorizes members of the National Guard performing full-time duty to support ground-based elements of the National Ballistic Missile Defense System.
(Sec. 8064)Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.
(Sec. 8065)Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain, youth, social, or fraternal nonprofit organizations.
(Sec. 8069)Appropriates funds to DOD for construction and furnishing of additional Fisher Houses for use by family members confronted with the illness or hospitalization of a military beneficiary.
(Sec. 8070)Authorizes the Secretary, using DOD O&M funds, to reimburse the Secretary of Homeland Security for costs associated with the processing and adjudication of applications for naturalization as U.S. citizens through service in the Armed Forces.
(Sec. 8071)Earmarks specified procurement and RDT&E funds for the Israeli Cooperative Programs (missile defense).
(Sec. 8077)Requires the FY2013 budget to include separate budget justification documents for costs of U.S. Armed Forces' participation in contingency operations for the military personnel, O&M, and procurement accounts.
(Sec. 8078)Prohibits funds from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.
(Sec. 8079)Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.
(Sec. 8081)Prohibits the availability of funds for integration of foreign intelligence information unless such information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities.
(Sec. 8082)Requires reserve members called or ordered to active duty in time of national emergency to be notified in writing of their expected mobilization period. Allows the Secretary to waive such requirement in order to respond to a national security emergency or to meet dire operational requirements.
(Sec. 8086)Earmarks specified Navy O&M funds for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and the payment of incremental and personnel costs of training and exercising with foreign security forces.
(Sec. 8089)Authorizes the transfer of specified prior-year DOD funds to the Global Security Contingency Fund.
(Sec. 8091)Reduces by $15 million the amount of O&M funds appropriated in this Act, to reflect excess cash balances in DOD working capital funds.
(Sec. 8092)Requires the Office of the Director of National Intelligence (DNI) to report to the intelligence committees to establish the baseline for application of reprogramming and transfer authorities for FY2012. Prohibits funds provided for the National Intelligence Program (NIP) from being available for reprogramming or transfer until the report is submitted, unless the DNI certifies to such committees that the reprogramming or transfer is necessary as an emergency requirement.
(Sec. 8093)Requires advance notice of 15 days to the appropriations committees before using NIP funds for a reprogramming or transfer for certain purposes.
(Sec. 8094)Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.
(Sec. 8096)Requires DOD to continue to report incremental contingency operations costs for Operations New Dawn and Enduring Freedom on a monthly basis.
(Sec. 8098)Makes specified Intelligence Community Management Account funds available for transfer by the DNI to other departments and agencies for government-wide information sharing activities.
(Sec. 8099)Makes O&M funds available for remittances to the Defense Acquisition Workforce Development Fund.
(Sec. 8100)Requires any agency receiving funds appropriated under this Act to post on its public website any report required to be submitted to Congress in this or any other Act, upon the determination by such agency head that it shall serve the national interest. Provides exceptions when posting the report would compromise national security or for reports containing proprietary information.
(Sec. 8101)Provides specific requirements on the use of this Act's funds for any federal contract in excess of $1 million with respect to contractor resolution of claims under title VII of the Civil Rights Act of 1964. Allows the Secretary to waive such requirements to avoid harm to national security.
(Sec. 8102)Prohibits the use of National Intelligence Program funds from this Act for a mission critical or mission essential business management information technology system not registered with the DNI.
(Sec. 8103)Prohibits funds from being distributed to the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries.
(Sec. 8104)Earmarks specified O&M funds for operations of the integrated Captain James A. Lovell Federal Health Care Center in Chicago, Illinois.
(Sec. 8105)Amends the Supplemental Appropriations Act, 2009 to increase from two to three years after implementing rules take effect the authorized period for filing claims for retroactive stop-loss special pay compensation.
(Sec. 8106)Prohibits the DNI from employing more Senior Executive employees than that specified in the classified annex.
(Sec. 8108)Allows DOD funds to 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.
(Sec. 8109)Requires a report from the DOD Inspector General on a review of Anti-deficiency Act violations and their causes in DOD military personnel accounts.
(Sec. 8110)Earmarks specified DOD O&M funds for grants to assist the civilian population on Guam in response to the U.S. military buildup there.
(Sec. 8111)Prohibits the Secretary from taking beneficial occupancy of more than 2,000 parking spaces in and around the BRAC (base realignment and closure) 133 project. Authorizes the waiver of such limitation upon a specified certification from the Secretary to Congress concerning the levels of existing service in and around such area.
(Sec. 8112)Prohibits O&M funds from being used to relocate Air Force program offices, or acquisition management functions of major weapons systems, to any location other than the Air Force Material Command until 30 days after the Secretary reports to the defense committees on the proposed relocation.
(Sec. 8113)Directs the Secretary to resume quarterly reporting on the number of civilian personnel end strength by appropriation account used to finance federal civilian personnel salaries.
(Sec. 8114)Appropriates funds for the Secretary of the Army to conduct research on alternative energy resources for deployed forces.
(Sec. 8115)Directs the Secretary to study and report to the defense committees on the feasibility of using commercially available telecommunications expense management solutions across DOD by March 1, 2012.
(Sec. 8116)Prohibits the use of funds to take any action to implement the separation of the NIP budget from the DOD budget.
(Sec. 8117)Authorizes the DNI, in the national interest and with OMB approval, to transfer up to $2 billion of the funds made available for the NIP.
(Sec. 8118)Appropriates funds to the Secretary, or for transfer to the Secretary of Education, to make grants to construct, renovate, repair, or expand elementary and secondary schools on military installations in order to address capacity or condition deficiencies.
(Sec. 8119)Prohibits any federal funds from being used to transfer or release to or within the United States or its territories or possessions Khalid Sheikh Mohammed or any other detainee who is not a citizen or member of the Armed Forces and is or was held by DOD on or after June 24, 2009, at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo).
(Sec. 8120)Prohibits any federal funds from being used to transfer any individual detained at Guantanamo to the custody or control of that individual's country of origin or any other foreign country or entity until 30 days after the Secretary certifies to Congress that, among other things, such country is not a designated state sponsor of terrorism and has agreed to ensure that such individual cannot take action to threaten the United States or its citizens or allies in the future. Prohibits the Secretary from making a transfer to a country or entity if there is a confirmed case of an individual who was detained at Guantanamo any time after September 11, 2001, was transferred to such country or entity, and subsequently engaged in any terrorist activity. Provides an exception to the latter prohibition.
(Sec. 8121)Prohibits the use of DOD funds to construct, acquire, or modify any facility in the United States or its territories or possessions in order to house any individual detained by DOD for the purpose of detention or imprisonment. Makes such prohibition inapplicable to facility modifications at Guantanamo.
(Sec. 8122)Earmarks specified DOD O&M funds to conduct an independent assessment of the current and prospective situation on the ground in Afghanistan and Pakistan.
(Sec. 8123)Requires a report from the Secretary to the defense committees on the approximately $100 billion in efficiency savings identified by the military departments in the defense budget covering FY2012-FY2016 that are to be reinvested in military department priorities.
(Sec. 8124)Prohibits the use of funds to enter into a contract with, make a grant to, or provide a loan or loan guarantee to any corporation:
(1) against which an unpaid federal tax liability has been assessed; or
(2) that was convicted of a felony criminal violation within the preceding 24 months.
(Sec. 8126)Establishes in the Treasury the Military Intelligence Program Transfer Fund, and makes appropriations to the Fund.
(Sec. 8127)Prohibits the use of funds:
(1) in contravention of federal laws concerning human trafficking or the Trafficking Victims Protection Act of 2000;
(2) to support any military training or operations that include child soldiers, unless such assistance is otherwise permitted under the Child Soldiers Prevention Act of 2008; or
(3) in contravention of the War Powers Resolution. Title IX: Overseas Contingency Operations - Appropriates funds for FY2012 for overseas contingency operations directly related to the global war on terrorism, specifically for:
(1) military personnel;
(3) the Afghanistan Infrastructure Fund;
(4) the Afghanistan Security Forces Fund;
(5) procurement, including National Guard and Reserve equipment;
(6) the Mine Resistant Ambush Protected Vehicle Fund;
(8) Defense Working Capital Funds;
(9) the Defense Health Program;
(10) drug interdiction and counter-drug activities;
(11) the Joint Improvised Explosive Device Defeat Fund; and
(12) the Office of the Inspector General.
(Sec. 9002)Authorizes the Secretary, in the national interest, to transfer up to $4 billion of the amounts made available to DOD in this title between any such appropriations for that fiscal year. Requires prompt congressional notification of each transfer.
(Sec. 9004)Authorizes the Secretary to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in Iraq and Afghanistan, with a limit of $75,000 per passenger vehicle and $250,000 per each heavy or light armored vehicle.
(Sec. 9005)Authorizes the use of up to $400 million to fund the Commander's Emergency Response Program (urgent humanitarian relief and reconstruction assistance in Iraq and Afghanistan).
(Sec. 9006)Allows DOD O&M funds to be used to provide supplies, services, transportation, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan. Requires quarterly reports from the Secretary to the defense committees regarding such support.
(Sec. 9007)Prohibits any funds from being obligated or expended to:
(1) establish any military installation or base for providing for the permanent stationing of U.S. Armed Forces in Iraq or Afghanistan, or
(2) exercise U.S. control over any oil resource of Iraq.
(Sec. 9008)Prohibits funds from being used in contravention of specified laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
(Sec. 9009)Prohibits funds provided for the Afghanistan Security Forces Fund from being obligated prior to the approval of a financial and activity plan by DOD's Afghanistan Resources Oversight Council.
(Sec. 9010)Allows the use of specified overseas contingency operations funds for outreach and integration services under the Yellow Ribbon Reintegration program.
(Sec. 9012)Allows specified O&M funds to be used by the Task Force for Business and Stability Operations to carry out strategic business and economic assistance activities in Afghanistan in support of Operation Enduring Freedom. Requires 15 days' advance notification to the defense committees.
(Sec. 9013)Authorizes the Secretary to use specified O&M funds to support U.S. government transition activities in Iraq by funding the operations and activities of the Office of Security Cooperation in Iraq, security assistance teams, and facilities renovation and construction. Requires 15 days' advance notification to the defense committees.
(Sec. 9014)Reduces by $4,042.5 billion the amount appropriated under this title, to reflect reduced troop strength in theater. Requires 15 days' advance notification to the defense committees prior to any reduction.
(Sec. 9015)Rescinds specified funds from various accounts under prior defense appropriations Acts. Division B: Energy and Water Development and Related Agencies Appropriations Act, 2012 - Energy and Water Development and Related Agencies Appropriations Act, 2012 - Makes appropriations for energy and water development and related agencies for FY2012. Title I: Corps Of Engineers - Civil - Appropriates funds to the Department of the Army, Corps of Engineers-Civil, for:
(1) civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, and aquatic ecosystem restoration (including the Mississippi River alluvial valley below Cape Girardeau, Missouri);
(2) the regulatory program pertaining to navigable waters and wetlands;
(3) the formerly utilized sites remedial action program for clean-up of early atomic energy program contamination;
(4) flood control and coastal emergencies, including hurricanes and other natural disasters; and
(5) the Office of Assistant Secretary of the Army (Civil Works).
(Sec. 101)Prohibits the availability of funds for obligation or expenditure through a reprogramming that would:
(1) either create, initiate, or eliminate a new program, project, or activity;
(2) increase funds or personnel for any program, project, or activity for which funds are either denied or restricted by this Act without prior approval from the House and Senate Committees on Appropriations;
(3) propose to use for a different purpose any funds directed for a specific activity, without prior approval from such Committees; or
(4) increase or reduce funds for any existing program, project, or activity in excess of specified amounts without prior approval from such Committees. Permits reprogramming under specified conditions for:
(1) general investigations,
(2) general construction, and
(3) operation and maintenance (including the Mississippi River and Tributaries, and formerly utilized sites remedial action program). Prohibits reprogrammings for less than $50,000. Exempts from the general prohibition against reprogramming any project or activity funded under the continuing authorities program. Directs the Corps of Engineers to report to the congressional appropriations committees to establish a baseline for application of reprogramming and transfer authorities for the current fiscal year.
(Sec. 102)Prohibits the use of funds (except those made available through reprogramming) to award or modify any contract that commits funds beyond the amounts appropriated for a program, project, or activity that remain unobligated.
(Sec. 103)Prohibits the use of funds to award any continuing contract that commits additional funding from the Inland Waterways Trust Fund before enactment of 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.
(Sec. 104)Directs the Assistant Secretary of the Army for Civil Works to submit to certain congressional committees the report of the Chief of Engineers Report on a water resource matter.
(Sec. 105)Authorizes the Secretary of the Army (Secretary in this title) to implement measures recommended in a specified efficacy study, with appropriate modifications or emergency measures, to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin.
(Sec. 106)Authorizes the Secretary to transfer to the Corps of Engineers-Civil--Construction specified funds provided for:
(1) reinforcing or replacing flood walls, and
(2) the West Bank and Vicinity and Lake Ponchartrain and Vicinity projects.
(Sec. 107)Authorizes the Secretary to transfer specified sums to the Fish and Wildlife Service to mitigate for fisheries lost because of Corps of Engineers projects.
(Sec. 108)Authorizes the Secretary to permit an Armed Forces member and employees of the Department of the Army to serve without compensation as directors, officers, or otherwise in the management of the organization established to support and maintain the participation of the United States in the permanent international commission of the congresses of navigation, or any successor entity.
(Sec. 109)Authorizes the Secretary to use the Revolving Fund through the Plant Replacement and Improvement Program 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.
(Sec. 110)Prohibits the use of funds by the Corps of Engineers to relocate, or study the relocation of, any regional division headquarters of the Corps located at a military installation or any permanent employees of such headquarters.
(Sec. 111)Revises the authority of the Secretary of the Army to receive funds contributed by states and their political subdivisions for authorized flood control or environmental restoration work. Includes planning and design in such work and replaces the characterization of such work as "flood control or environmental restoration" with "water resources development study or project." Connotes states to include U.S. territories and possession and federally recognized Indian tribes.
(Sec. 112)Extinguishes certain deed restrictions described in Auditor's instrument No. 2006-014428 of Benton County, Washington.
(Sec. 113)Terminates authorization for a certain cut-stone breakwater portion of the project for navigation, Block Island Harbor of Refuge, Rhode Island.
(Sec. 114)Authorizes the Secretary, acting through the Chief of Engineers, to construct:
(1) a Consolidated Infrastructure Research Equipment Facility,
(2) an Environmental Processes and Risk Lab,
(3) a Hydraulic Research Facility,
(4) an Engineer Research and Development Center headquarters building, and
(5) a Modular Hydraulic Flume building. Authorizes the Secretary to purchase real estate, perform construction, and make facility, utility, street, road, and infrastructure improvements to the Engineer Research and Development Center's installations and facilities.
(Sec. 115)Amends the Water Resources Development Act of 1986 to authorize the Secretary to transfer by quitclaim deed certain land in the Passaic River Basin, New Jersey, to the non-federal sponsor.
(Sec. 116)Requires the New London Disposal Site and the Cornfield Shoals Disposal Site in Long Island Sound, selected by the Department of the Army as alternative dredged material disposal sites, to remain open for five years after enactment of this Act to allow for completion of a Supplemental Environmental Impact Statement to support final designation of an Ocean Dredged Material Disposal Site in eastern Long Island Sound.
(Sec. 117)Rescinds the authorization for a specified portion of the project for navigation, Newport Harbor, Rhode Island. Recharacterizes a specified area as an eighteen-foot channel and turning basin.
(Sec. 118)Prohibits funds made available in this Act to the Corps of Engineers from being used for removal or associated mitigation of Federal Energy Regulatory Commission Project number 2342 (Condit hydroelectric project, Washington).
(Sec. 119)Prohibits the use of funds to:
(1) study certain Missouri River Projects authorized in the Energy and Water Development and Related Agencies Appropriations Act, 2009, or
(2) continue a certain study by the Army Corps of Engineers, pursuant to the Water Resources Development Act of 2007, of the Missouri River and its tributaries to mitigate losses of aquatic and terrestrial habitat, recover federally listed species under the Endangered Species Act, and restore the ecosystem to prevent further declines among other native species. Title II: Department Of The Interior - Makes appropriations for FY2012 to the Department of the Interior for:
(1) the Central Utah Project; and
(2) the Bureau of Reclamation, including for water and related natural resources, the Central Valley Project Restoration Fund, California Bay-Delta Restoration, and administrative expenses in the Office of the Commissioner (the Denver office), and offices in the five regions of the Bureau of Reclamation. Makes appropriations for the Bureau of Reclamation available for purchase of up to five passenger motor vehicles, for replacement only.
(Sec. 201)Prohibits the availability of funds for obligation or expenditure through a reprogramming that would:
(1) create or initiate a new program, project, or activity;
(2) eliminate an existing program, project, or activity;
(3) increase funds for any program, project, or activity for which funds have been denied or restricted by this Act without prior approval from congressional appropriations committees; or
(4) restart or resume any program, project or activity for which funds are either not provided in this Act, or for which funds are transferred in excess of specified limits without prior approval from such committees. Prohibits funds without prior approval from such committees for any reprogramming that transfers funds in excess of:
(1) 15% for any program, project, or activity for which $2 million or more is available at the beginning of the fiscal year; or
(2) $300,000 for any program, project, or activity for which less than $2 million is available at the beginning of the fiscal year. Extends the same prohibition without prior approval from such committees for any reprogramming that transfers more than:
(1) $500,000 from either the Facilities Operation, Maintenance, and Rehabilitation category or the Resources Management and Development category to any program, project, or activity in the other category; or
(2) $5 million to provide adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and real estate deficiency judgments when necessary to discharge legal obligations of the Bureau of Reclamation.
(Sec. 202)Prohibits the use of funds 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 conforms to California water quality standards as approved by the Administrator of the Environmental Protection Agency (EPA), to minimize any detrimental effect of the San Luis drainage waters. Directs the Secretary of the Interior to classify as reimbursable or nonreimbursable and collected until fully repaid the costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program pursuant to specified alternative repayment plans. Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of such service or studies.
(Sec. 203)Increases to $30 million the authorization of appropriations for the Las Vegas Wash wetlands restoration and Lake Mead improvement project (Nevada).
(Sec. 204)Amends the Water Desalination Act of 1996 to extend through FY2013 the authorization of appropriations for desalination research, demonstration, and development.
(Sec. 205)Requires that federal policy addressing California water supply and environmental issues related to the Bay-Delta be consistent with state law. Directs the Secretary of the Interior, the Secretary of Commerce, the Army Corps of Engineers, and the EPA Administrator to coordinate their efforts jointly and work with the state of California to issue the Bay Delta Conservation Plan Final Environmental Impact Statement by February 15, 2013.
(Sec. 206)Authorizes the Secretary of the Interior to participate in non-federal groundwater banking programs in California, including making payments for:
(1) the storage of Central Valley Project water supplies,
(2) the purchase of stored water,
(3) the purchase of shares or an interest in ground banking facilities, or
(4) the use of Central Valley Project water as a medium of payment for groundwater banking services.
(Sec. 207)Deems a specified transfer of irrigation water among specified Central Valley Project contractors to meet certain conditions in the Reclamation Projects Authorization and Adjustment Act of 1992. Directs the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation (Commissioner), to complete programmatic environmental compliance in order to facilitate voluntary water transfers within the Central Valley Project. Instructs the Commissioner to report to certain congressional committees regarding efforts to facilitate and improve water transfers:
(1) within the Central Valley Project, and
(2) between the Central Valley Project and other water projects in the State of California.
(Sec. 208)Amends the Farm Security and Rural Investment Act of 2002 with respect to funds authorized for lease of water and purchase of land, appurtenant water, and related interests for the benefit of at-risk natural desert terminal lakes and associated riparian and watershed resources. Repeals the restriction of such authority to the Walker River and Walker River Basin (Nevada). Amends the Energy and Water Development and Related Agencies Appropriations Act, 2010 to authorize the local nonprofit entity exercising water rights for the Walker Basin Restoration Program to manage land, appurtenant water, related interests for the Program as well. Title III: Department Of Energy - Makes appropriations for FY2012 to the Department of Energy (DOE) for energy and science programs, including:
(1) energy efficiency and renewable energy,
(2) electricity delivery and energy reliability,
(3) nuclear energy,
(4) fossil energy research and development,
(5) naval petroleum and oil shale reserves,
(6) the Strategic Petroleum Reserve (SPR) as well as the SPR Petroleum Account and the Northeast Home Heating Oil Reserve,
(7) the Energy Information Administration,
(8) non-defense environmental cleanup,
(9) the Uranium Enrichment Decontamination and Decommissioning Fund,
(10) science activities,
(11) nuclear waste disposal,
(12) the Advanced Research Projects Agency-Energy (ARPA-E),
(13) the Title 17 Innovative Technology Loan Guarantee Loan Program,
(14) the Advanced Technology Vehicles Manufacturing Loan Program,
(15) departmental administration,
(16) the Office of the Inspector General,
(17) the National Nuclear Security Administration and atomic energy defense weapons activities,
(18) defense nuclear nonproliferation activities,
(19) naval reactors activities,
(20) Office of the Administrator in the National Nuclear Security Administration,
(21) atomic energy defense environmental cleanup, and
(22) other defense activities. Approves expenditures from the Bonneville Power Administration Fund for:
(1) the Kootenai River Native Fish Conservation Aquaculture Program,
(2) the Lolo Creek Permanent Weir Facility, and
(3) Improving Anadromous Fish production on the Warm Springs Reservation. Prohibits any new direct loan obligations from being made from such Fund during FY2012. Makes FY2012 appropriations for operation and maintenance of:
(1) the Southeastern Power Administration;
(2) the Southwestern Power Administration;
(3) the Western Area Power Administration, including construction and rehabilitation,
(4) the Falcon and Amistad Operating and Maintenance Fund;
(5) the Federal Energy Regulatory Commission (FERC); and
(6) specified DOE activities.
(Sec. 301)Prohibits the use of funds or authority made available by this Act for DOE for a program, project, or activity that has not been funded by Congress. Prohibits DOE from using budget authority for Energy Programs to enter into a multi-year contract, award a multi-year grant, or multi-year cooperative agreement unless:
(1) such instruments condition the federal obligation upon the availability of future-year budget authority, and
(2) the Secretary of Energy (Secretary in this title) notifies congressional committees on appropriations at least 14 days in advance. Requires DOE to notify congressional appropriations committees at least 30 days in advance if reprogramming of funds made available under this Act would cause the funding level for a program, project, or activity to increase or decrease during the time period covered by this Act by more than $5 million or 10%, whichever is less. Prohibits the availability of funds provided in this Act 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 designated by this Act for a specific program, project, or activity. Authorizes the Secretary to waive any requirement or restriction in this section that applies to the use of DOE funds if compliance would pose a substantial risk to human health, the environment, welfare, or national security.
(Sec. 302)Permits the availability to the same appropriation accounts of unexpended balances of prior appropriations provided for activities in this Act.
(Sec. 303)Deems funds appropriated for intelligence activities to be specifically authorized by Congress during FY2012 until the enactment of the Intelligence Authorization Act for Fiscal Year 2012.
(Sec. 304)Directs DOE to submit annually to Congress a future-years energy program that reflects the estimated expenditures and proposed appropriations included in the President's annual budget. Requires a future-years energy program to be included in the FY2014 budget submitted to Congress and every fiscal year thereafter.
(Sec. 305)Amends the Energy Policy Act of 2005 to modify the terms and conditions governing DOE loan guarantees for innovative technologies to allow as one alternative condition that a combination of one or more appropriations and one or more payments from the borrower has been made that is sufficient to cover the cost of the guarantee.
(Sec. 306)Considers plant or construction projects for which amounts are made available under this and subsequent appropriation Acts with an estimated cost of less than $10 million to be for certain purposes:
(1) a plant project for which the approved total estimated cost does not exceed the minor construction threshold; and
(2) a construction project with an estimated cost of less than a minor construction threshold.
(Sec. 307)Increases from $1 million to $2.5 million the minimum estimated construction cost of capital facilities for which the Administrator of the Bonneville Power Administration is authorized to make expenditures from Bonneville Power Administration Fund.
(Sec. 308)Prohibits the use of funds made available in this Act for construction of high-hazard nuclear facilities unless independent oversight is conducted by the Office of Health, Safety, and Security (OSHA) to ensure compliance with nuclear safety requirements.
(Sec. 309)Rescinds $73.3 million of appropriations to DOE under this Act to reflect savings from the DOE contractor pay freeze.
(Sec. 310)Prohibits funds made available in this Act from being used to approve critical decision-2 or critical decision-3 under DOE Order 413.3B, or any successive departmental guidance, for construction projects where the total project cost exceeds $1 billion until a separate independent cost estimate has been developed.
(Sec. 311)Requires the Secretary to notify congressional committees on appropriations at least 3 full business days in advance of making a grant allocation, discretionary grant award or contract award, or Other Transaction Agreement, or to issue a letter of intent, totaling in excess of $1 million, or to announce publicly the intention to do so, or to issue such a letter, including a contract covered by the Federal Acquisition Regulation.
(Sec. 312)Restricts to a maximum period of two calendar years the validity of any DOE determination that the sale or transfer of uranium will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry. Instructs the Secretary to submit to congressional appropriations committees:
(1) a revised excess uranium inventory management plan for FY2013-FY2018, and
(2) an evaluation of the economic feasibility of re-enriching depleted uranium located at federal sites.
(Sec. 313)Prohibits funds made available in this Act from being used to pay the salaries of DOE employees to implement increased assistance under the Weatherization Assistance Program required by the American Recovery and Reinvestment Act of 2009.
(Sec. 314)Authorizes DOE to openly compete and issue an award to allow a third party, on a fee-for-service basis, to operate and maintain an underutilized metering station and related equipment of the Strategic Petroleum Reserve (SPR). Requires the Secretary, before issuing the award, to certify to congressional appropriations committees that it will not reduce the reliability or accessibility of the SPR, raise costs of oil in the local market, or negatively impact the supply of oil to current users.
(Sec. 315)Prohibits the use of funds made available in this Act to implement or enforce standards or regulations with respect to certain incandescent lamps, or to BPAR incandescent reflector lamps, BR incandescent reflector lamps, and ER incandescent reflector lamps.
(Sec. 316)Requires recipients of DOE grants in excess of $1 million to certify that they will, by the end of the fiscal year, upgrade the efficiency of their facilities by replacing lighting that does not meet or exceed certain energy efficiency standards for incandescent light bulbs. Title IV: Independent Agencies - Makes FY2012 appropriations to:
(1) the Appalachian Regional Commission;
(2) the Defense Nuclear Facilities Safety Board;
(3) the Delta Regional Authority;
(4) the Denali Commission;
(5) the Northern Border Regional Commission;
(6) the Southeast Crescent Regional Commission;
(7) the Nuclear Regulatory Commission (NRC), including the Office of Inspector General;
(8) the Nuclear Waste Technical Review Board; and
(9) the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects.
(Sec. 401)Prohibits the availability of funds designated in this Act for NRC salaries and expenses 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. Prohibits the NRC Chairman from terminating any program, project, or activity without the approval of a majority vote of NRC Commissioners. Sets forth a procedure by which the NRC may waive the reprogramming restriction on a case-by-case basis.
(Sec. 402)Directs the NRC to require reactor licencees to:
(1) reevaluate the seismic, tsunami, flooding, and other hazards at their sites against current NRC requirements; and
(2) respond to the NRC, when appropriate, that the design basis for each reactor meets NRC licensing requirements; and
(3) update where necessary the design basis of each reactor. Title V: General Provisions -
(Sec. 503)Prohibits the expenditure of funds made available under this Act for any new hire by any federal agency funded in this Act that is not verified through the E-Verify Program under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
(Sec. 504)Prohibits the use of funds made available under this Act 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 convicted (or which had an officer or agent convicted) of a federal criminal violation within the preceding 24 months, where the awarding agency is aware of the conviction, unless suspension or debarment of the corporation (or officer or agent) is not necessary to protect government interests.
(Sec. 505)Makes the same prohibition with respect to any corporation that has unpaid federal tax liability for which judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner, where the awarding agency is aware of the unpaid tax liability, unless suspension or debarment of the corporation is not necessary to protect government interests.
(Sec. 506)Prohibits the use of funds made available under this Act in contravention of Executive Order No. 12898 of February 11, 1994 ("Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations"). Division C: Financial Services and General Government Appropriations Act, 2012 - Financial Services and General Government Appropriations Act, 2012 - Title I: Department of the Treasury - Department of the Treasury Appropriations Act, 2012 - Makes appropriations for FY2012 to the Department of the Treasury for:
(1) departmental offices,
(2) the Office of Inspector General,
(3) the Treasury Inspector General for Tax Administration,
(4) the Special Inspector General for the Troubled Asset Relief Program (TARP),
(5) the Financial Crimes Enforcement Network,
(6) the Financial Management Service,
(7) the Alcohol and Tobacco Tax and Trade Bureau,
(8) the U.S. Mint for the U.S. Mint Public Enterprise Fund,
(9) the Bureau of the Public Debt,
(10) the Community Development Financial Institutions Fund Program Account, and
(11) the Internal Revenue Service (IRS). Sets forth certain transfers of funds, plus a rescission of certain funds from the Treasury Forfeiture Fund.
(Sec. 102)Requires the IRS to maintain a training program for IRS employees in taxpayers' rights, in dealing courteously with taxpayers, and in cross-cultural relations.
(Sec. 103)Requires the IRS to institute and enforce policies and procedures that will safeguard the confidentiality of taxpayers' information and protect them against identity theft.
(Sec. 104)Makes funds for the IRS under any Act available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers.
(Sec. 109)Bars the use of funds to the Department of the Treasury or the Bureau of Engraving and Printing to redesign the $1 Federal Reserve note.
(Sec. 111)Extends from 12 to 14 years the authorization for the personnel management demonstration project for employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms (ATF).
(Sec. 112)Prohibits the U.S. Mint from using any federal funds to construct or operate any museum without the explicit approval of specified congressional committees.
(Sec. 113)Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without the explicit approval of the same congressional committees.
(Sec. 114)Deems any funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947 during FY2012, until the enactment of the Intelligence Authorization Act for FY2012.
(Sec. 115)Requires up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses.
(Sec. 116)Makes permanent the Secretary of the Treasury's authority to enter into a contract to manufacture distinctive paper for U.S. currency and securities.
(Sec. 117)Requires any person who forwards to the Bureau of Engraving and Printing a mutilated paper currency claim equal to or exceeding $10,000 for redemption to provide the Bureau a taxpayer identification number (TIN).
(Sec. 118)Revises the prohibition against notification by a financial institution, director, officer, employee, or agent, or by a federal, state, local, tribal, or territorial government officer or employee, to any person involved in a suspicious transaction that the transaction has been reported to a government agency. Extends the prohibition to formerly as well as currently employed individuals.
(Sec. 119)Exempts certain reports on and records of monetary instruments from disclosure requirements under any state, local, tribal, or territorial "freedom of information," "open government," or law similar to the Freedom of Information Act (FOIA).
(Sec. 120)Requires any clerk of a federal or state criminal court who receives more than $10,000 in cash as bail for any individual charged with a specified criminal offense to file a report with the Financial Crimes Enforcement Network.
(Sec. 121)Requires the Secretary of the Treasury to submit a Capital Investment Plan to congressional appropriations committees within 30 days after the submission of the President's annual budget. Title II: Executive Office of the President and Funds Appropriated to the President - Executive Office of the President Appropriations Act, 2012 - Makes appropriations for FY2012 for compensation of the President and designated White House agencies, including:
(1) the Council of Economic Advisers;
(2) the National Security Council (NSC) and the Homeland Security Council;
(3) the Office of Administration;
(4) the Office of Management and Budget (OMB);
(5) the Office of National Drug Control Policy;
(6) various other specified federal drug control programs;
(7) integrated, efficient, and effective uses of information technology in the federal government;
(8) unanticipated needs; and
(9) special assistance to the President and the official residence of the Vice President. Sets forth certain transfers of funds.
(Sec. 202)Requires the Director of OMB to submit to congressional appropriations committees:
(1) by April 2, 2012, a quarterly report on the implementation of Executive Order 13563 (relating to Improving Regulation and Regulatory Review); and
(2) a report on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).
(Sec. 204)Requires the Director of the Office of National Drug Control Policy to submit to the congressional appropriations committees, within 60 days after the enactment of this Act, and before the initial obligation of more than 20% of the funds appropriated in any account for the Office, a detailed narrative and financial plan on the proposed uses of all funds under the account by program, project, and activity.
(Sec. 205)Limits the availability of appropriations to such Office in this Act to:
(1) a 2% transfer between appropriated programs upon the advance approval of the congressional appropriations committees; and
(2) up to $1 million for reprogramming within a program, project, or activity upon such approval.
(Sec. 207)Rescinds specified unobligated balances of prior year appropriations made available for the Counterdrug Technology Assessment Center.
(Sec. 208)Rescinds specified unobligated balances of prior year appropriations made available for other federal drug control programs for a chronic users study and for the National Anti-Drug Youth Media Campaign.
(Sec. 209)Rescinds specified unobligated balances under the heading "Executive Office of the President and Funds Appropriated to the President--Partnership Fund for Program Integrity Innovation" in title II of division C of the Consolidated Appropriations Act, 2010. Appropriates an additional amount made available under such heading in this Act, to remain available through FY2013. Title III: The Judiciary - Judiciary Appropriations Act, 2012 - Makes appropriations to the Judiciary for FY2012 for:
(1) the U.S. Supreme Court;
(2) the U.S. Court of Appeals for the Federal Circuit;
(3) the U.S. Court of International Trade;
(4) the courts of appeals, district courts, and other judicial services, including defender services;
(5) fees of jurors and commissioners;
(6) court security;
(7) the Administrative Office of the U.S. Courts;
(8) the Federal Judicial Center;
(9) the judicial retirement funds; and
(10) the U.S. Sentencing Commission. Sets forth certain transfers of funds.
(Sec. 305)Requires the U.S. Marshals Service to provide, as a pilot program, specified security services (except investigations) for courthouses which federal law authorizes the Department of Homeland Security (DHS) to provide.
(Sec. 306)Amends the Judicial Improvement Act of 1990 to prohibit the filling of:
(1) the first vacancy in the office of district judge in the district of Kansas occurring 21 (currently, 20) years or more after the confirmation date of the judge named to fill the temporary judgeship, and
(2) the first vacancy in such office in the district of Hawaii occurring 18 (currently, 17) years or more after such confirmation date. (In effect lengthens by one year the period of the respective temporary judgeships in such districts.) Title IV: District of Columbia - District of Columbia Appropriations Act, 2012 - Makes appropriations to the District of Columbia for FY2012, including amounts for the federal payments:
(1) for District of Columbia Resident Tuition Support,
(2) for emergency planning and security costs in the District,
(3) to District of Columbia Courts,
(4) for Defender Services in District of Columbia Courts,
(5) to the Court Services and Offender Supervision Agency for the District of Columbia,
(6) to the District of Columbia Public Defender Service,
(7) to the District of Columbia Water and Sewer Authority,
(8) to the Criminal Justice Coordinating Council,
(9) to the Commission on Judicial Disabilities and Tenure and the Judicial Nomination Commission,
(10) for school improvement,
(11) for the D.C. National Guard, and
(12) for testing and treatment of HIV/AIDS. Requires certain funds appropriated for operating expenses to be subject to specified proposals of the Fiscal Year 2012 Proposed Budget and Financial Plan submitted to Congress by the District of Columbia. Title V: Independent Agencies - Makes appropriations for FY2012 for independent agencies, including:
(1) the Administrative Conference of the United States;
(2) the Christopher Columbus Fellowship Foundation;
(3) the Consumer Product Safety Commission (CPSC);
(4) the Election Assistance Commission (EAC), including election reform activities;
(5) the Federal Communications Commission (FCC);
(6) the Federal Deposit Insurance Corporation (FDIC), for its Office of Inspector General;
(7) the Federal Election Commission (FEC);
(8) the Federal Labor Relations Authority (FLRA);
(9) the Federal Trade Commission (FTC);
(10) the General Services Administration (GSA);
(11) government-wide policy activities and operating expenses;
(12) the GSA Office of Inspector General;
(13) the Electronic Government Fund;
(14) allowances and office staff for former presidents;
(15) the Office of Citizen Services and Innovative Technologies;
(16) the Harry S Truman Scholarship Foundation;
(17) the Merit Systems Protection Board;
(18) the Morris K. Udall and Stewart L. Udall Foundation;
(19) the Environmental Dispute Resolution Fund;
(20) the National Archives and Records Administration (NARA), including the Office of Inspector General;
(21) the National Historic Publications and Records Commission grants program;
(22) the Credit Union Community Development Revolving Loan Fund of the National Credit Union Administration (NCUA);
(23) the Office of Government Ethics;
(24) the Office of Personnel Management (OPM), including the Office of Inspector General;
(25) the government payment for annuitants, employee health benefits, employee life insurance, and the Civil Service Retirement and Disability Fund;
(26) the Office of Special Counsel;
(27) the Postal Regulatory Commission;
(28) the Privacy and Civil Liberties Oversight Board;
(29) the Recovery Accountability and Transparency Board;
(30) the Securities and Exchange Commission (SEC);
(31) the Selective Service System;
(32) the Small Business Administration (SBA), including the Office of Inspector General and the Office of Advocacy;
(33) the U.S. Postal Service, including the Office of Inspector General; and
(34) the U.S. Tax Court. Limits for FY2012 the administrative expenses and the gross obligations of the NCUA Central Liquidity Facility for the principal amount of new direct loans to member credit unions. Sets forth certain transfers of funds.
(Sec. 501)Amends the Consumer Product Safety Act to authorize the CPSC Chairman to provide to officers and employees, who are appointed or assigned by CPSC to serve abroad, travel benefits similar to those authorized for certain members of the Foreign Service of the United Service.
(Sec. 502)Amends the Virginia Graeme Baker Pool and Spa Safety Act to extend the state swimming pool safety grant program through FY2012. Revises grant eligibility requirements to include swimming pools constructed six months after the enactment of this Act.
(Sec. 503)Requires the Comptroller General (GAO) to analyze the potential safety risks associated with new and emerging consumer products, including chemicals and other materials used in their manufacture, taking into account the ability and authority of the CPSC to:
(1) identify, assess, and address such risks in a timely manner; and
(2) keep abreast of the effects of new and emerging consumer products on public health and safety.
(Sec. 504)Requires GAO to analyze:
(1) the extent to which manufacturers comply with voluntary industry standards for consumer products, particularly with respect to inexpensive, imported ones;
(2) whether there are consequences for such manufacturers for failing to comply with such standards, and whether the CPSC has the authority and the ability to require compliance with them; and
(3) whether there are patterns of non-compliance with such standards among certain types of products or certain types of manufacturers.
(Sec. 510)Amends the Universal Service Antideficiency Temporary Suspension Act to extend through December 31, 2013, the waiver of certain limitations on:
(1) expending, obligating, or apportioning appropriations with respect to federal universal service contributions collected or received under the Communications Act of 1934; and
(2) expending or obligating funds attributable to such contributions for universal service support programs.
(Sec. 511)Prohibits the use of funds by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments.
(Sec. 525)Requires GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a specified GSA prospectus, to ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements.
(Sec. 527)Rescinds specified amounts made available to GSA in prior years for policy and operations for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor's Island, NY, and the Lorton Correctional Facility in Lorton, VA.
(Sec. 528)Requires GSA to report to specified congressional committees a detailed description of each program, project, or activity funded by GSA appropriations that is not under GSA control or direction in statute or in practice.
(Sec. 531)Amends the Small Business Act to extend from 3 to 7 years the maximum term of SBA disaster loans commencing on or after October 1, 1982.
(Sec. 532)Requires the SBA budget request, beginning in FY2013, to provide a detailed justification of any proposed changes from the enacted level by individual appropriation. Title VI: General Provisions (This Act) - Sets forth permissions for and restrictions upon the use of funds under this Act.
(Sec. 606)Prohibits the expenditure of funds under this Act by an entity unless it agrees that such expenditure will comply with the Buy American Act.
(Sec. 607)Prohibits the availability of funds under this Act to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 610)Prohibits the availability of funds under this Act for use by the Executive Office of the President to request from the Federal Bureau of Investigation (FBI) any official background investigation report on any individual, except when:
(1) such individual has given his or her express written consent for such request within six months before the date of the request and during the same presidential administration, or
(2) the request is required due to extraordinary circumstances involving national security.
(Sec. 611)Makes certain cost accounting standards promulgated under the Office of Federal Procurement Policy Act inapplicable to a federal employees health benefits program contract.
(Sec. 612)Authorizes OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses) funds made available to OPM pursuant to court approval for resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program.
(Sec. 613)Prohibits the availability of funds appropriated by this Act to pay for an abortion, or the administrative expenses in connection with any health plan under the federal employees health benefits program (FEHBP) which provides any benefits or coverage for abortions, unless the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest.
(Sec. 615)Makes the restriction on purchasing nondomestic articles, materials, and supplies set forth in the Buy American Act inapplicable to the acquisition by the federal government of commercial information technology.
(Sec. 616)Prohibits an officer or employee of any regulatory agency or commission funded by this Act from accepting, on behalf of that agency, or the agency or commission from accepting, payment or reimbursement from a nonfederal entity for travel-related expenses to enable an officer or employee to attend and participate in any meeting or similar function relating to official duties, when the entity offering payment or reimbursement is subject to regulation by such agency or commission, or represents such person or entity, unless the person or entity is a nonprofit tax-exempt organization.
(Sec. 617)Authorizes the Public Company Accounting Oversight Board to obligate funds for the scholarship program established by the Sarbanes-Oxley Act of 2002 in an aggregate amount not exceeding the amount of funds collected by the Board as of December 31, 2011, including accrued interest, resulting from the assessment of monetary penalties. Requires funds available for obligation in FY2012 to remain available until expended.
(Sec. 618)Rescinds specified unobligated balances of prior year appropriations made available for the Privacy and Civil Liberties Oversight Board.
(Sec. 619)Requires the President to transmit promptly to Congress, without change, proposed deficiency and supplemental appropriations submitted to the President by the legislative and the judicial branches.
(Sec. 620)Permits the use of funds made available to the CFTC and the SEC for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.
(Sec. 621)Extends from 2 years to 2 years and 9 months the period of time before any proceeds derived from the surcharge imposed on the sale of Abraham Lincoln commemorative coins may remain unpaid by the Numismatic Public Enterprise Fund to the designated recipient organization, solely by reason of the matching fund requirement, before they must be deposited in the Treasury as miscellaneous receipts.
(Sec. 622)Amends the Help America Vote Act of 2002 to require the EAC to post on its website, upon receipt, a state's plan for local distribution of EAC payments for activities to meet certain voting systems standards requirements. Requires publication in the Federal Register of notice by a state before it:
(1) files its statement of certification, and
(2) makes material changes in the administration of its plan.
(Sec. 623)Rescinds specified obligated balances available in the SEC Reserve Fund established by Dodd-Frank.
(Sec. 624)Requires the Department of the Treasury, the Executive Office of the President, the Judiciary, the FCC, the FTC, GSA, the NARA, the SEC, and SBA to provide congressional appropriations committees a quarterly accounting of the cumulative balances of any unobligated funds received during any previous fiscal year.
(Sec. 625)Requires an executive agency covered by this Act to consult with GSA before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor. Authorizes any such agency with authority to enter into an emergency lease to do so during any period for which the President requires emergency leasing authority.
(Sec. 626)Prohibits the use of FTC funds to complete the draft report entitled "Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts" unless the Working Group complies with Executive Order 13563 ("Improving Regulation and Regulatory Review").
(Sec. 627)Bars the use of funds to pay the salaries and expenses for the following positions:
(1) Director of the White House Office of Health Reform,
(2) Assistant to the President for Energy and Climate Change,
(3) Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy, and
(4) White House Director of Urban Affairs.
(Sec. 628)Prohibits the use of FCC funds to remove the conditions imposed on commercial terrestrial operations in the Order and Authorization adopted by the FCC on January 26, 2011 (DA 11-133), or otherwise permit such operations, until it has resolved concerns of potential widespread harmful interference by such commercial terrestrial operations with commercially available Global Positioning System (GPS) devices.
(Sec. 629)Bars the expenditure of funds made available by this Act for any new hire by any federal agency funded in this Act that is not verified through the E-Verify Program established under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
(Sec. 630)Prohibits the use of funds 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 for which any unpaid federal tax liability has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the government.
(Sec. 631)Subjects to the same requirements and conditions any corporation that was convicted or had an officer or agent acting on behalf of the corporation convicted of a felony criminal violation under any federal law within the preceding 24 months.
(Sec. 632)Extends from October 4, 2011, until August 1, 2012, the period of time during which the U.S. Postal Service must make a payment of $5.5 billion to the Postal Service Retiree Health Benefit Fund. Title VII: General Provisions Government-Wide - Sets forth requirements for the use of appropriations by designated departments, agencies, and corporations.
(Sec. 701)Sets restrictions upon the use of appropriations by any federal department, agency, or instrumentality unless it has in place, and will continue to administer in good faith, a written policy designed to ensure that all workplaces are free from the illegal use, possession, or distribution of controlled substances by the officers and employees of such department, agency, or instrumentality.
(Sec. 726)Prohibits the use of funds by federal agencies to collect, review, create or contract for any aggregation of data by any means of any personally identifiable information relating to an individual's access to or use of any federal government or nongovernmental Internet site.
(Sec. 727)Prohibits the use of funds to enter into or renew a contract for a federal employee health plan which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. Exempts specified religious plans from such prohibition. Prohibits a federal employee health plan, however, from discriminating against an individual on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to his or her religious beliefs or moral convictions.
(Sec. 728)Declares that the United States is committed to:
(1) ensuring the health of its Olympic, Pan American, and Paralympic athletes; and
(2) supports the strict adherence to antidoping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities.
(Sec. 729)Allows the use of funds appropriated for official travel by federal departments and agencies, if consistent with OMB Circular A-126 regarding official travel for government personnel, to participate in the fractional aircraft ownership pilot program.
(Sec. 730)Bars the use of funds to:
(1) implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or
(2) implement proposed OPM regulations relating to the detail of executive branch employees to the legislative branch.
(Sec. 731)Prohibits an executive branch agency from purchasing, constructing, and/or leasing any additional facilities, except within or contiguous to existing locations, to conduct federal law enforcement training without advance approval of congressional appropriations committees. Authorizes the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities.
(Sec. 732)Bars the availability of funds, for FY2012, for transfers or reimbursements to the E-Government initiatives sponsored by OMB before 15 days following an OMB report to the congressional appropriations committees and receipt of their explicit approval of such transfer.
(Sec. 733)Prohibits the use of funds to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by federal employees pursuant to OMB Circular A-76 or any other administrative regulation, directive, or policy.
(Sec. 734)Bars the use of funds by an executive branch agency, unless otherwise authorized by existing law, to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within its text or audio that it was prepared or funded by that agency.
(Sec. 735)Bars the use of funds in contravention of the Privacy Act or regulations concerning protection of privacy and freedom of information.
(Sec. 736)Requires each executive department and agency to evaluate the creditworthiness of an individual before issuing him or her a government travel charge card. Prohibits issuance of such a card, except in specified circumstances, to individuals that either lack a credit history or are found to have an unsatisfactory credit history. Requires such evaluation to include an assessment of the individual's consumer report from a consumer reporting agency.
(Sec. 737)Requires OMB, in coordination with the governor of each Great Lakes state and the Great Lakes Interagency Task Force, to submit to the appropriate authorizing and appropriating congressional committees an interagency budget crosscut report displaying the budget proposed, including any planned interagency or intra-agency transfer, for each of the federal agencies that carries out Great Lakes restoration activities.
(Sec. 738)Prohibits the use of funds for any federal government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under the Homeland Security Act of 2002, or any subsidiary of such an entity. Requires any Secretary to waive such prohibition if so required in the interest of national security. Exempts contracts entered into before the enactment of this Act or task orders issued pursuant to such contracts.
(Sec. 739)Bars the use of funds to implement, administer, enforce, or apply the rule entitled "Competitive Area" published by OPM in the Federal Register on April 15, 2008.
(Sec. 740)Amends the Consolidated Appropriations Act, 2010 to revise the requirement that the head of each federal department or agency, other than DOD, report annually to OMB an inventory of specified service contracts awarded or extended through the exercise of an option on or after April 1, 2010, for or on behalf of such entity. Requires inclusion of task orders issued under such contracts on or after that date.
(Sec. 741)Requires for each employee, during FY2012, who retires under voluntary early retirement authority (VERA) of the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), or under any other CSRS or FERS requirement and receives a voluntary separation incentive payment (VISP), that the separating agency remit to the Civil Service Retirement and Disability Fund an amount equal to OPM's average unit cost of processing a retirement claim for the preceding year.
(Sec. 743)Bars the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified information regarding contributions or expenditures with respect to a federal election as a condition of such offer or acquisition.
(Sec. 744)Authorizes the Chairman of the CFTC, until the end of FY2013, to transfer to pay CFTC salaries and expenses up to $10 million of funds made available for information technology investments. Title VIII: General Provisions (District of Columbia) - Sets forth authorized or prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the District of Columbia Appropriations Act, 2011.
(Sec. 802)Prohibits the use of federal funds provided in this Act for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.
(Sec. 806)Prohibits the use of federal funds contained in this Act by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District. Declares that nothing in this section bars the Counsel from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.
(Sec. 807)Bars the use of federal funds contained in this Act to distribute any needle or syringe to prevent the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.
(Sec. 808)Provides that nothing in this Act may be construed to prevent the Council or the Mayor from addressing the issue of the provision of contraceptive coverage by health insurance plans. Expresses the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.
(Sec. 809)Directs the Mayor of the District of Columbia to report annually to specified congressional committees on:
(2) access to substance and alcohol abuse treatment,
(4) improvement in basic District services, and
(5) application for and management of federal grants.
(Sec. 810)Prohibits the use of federal funds contained in this Act to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols (THC) derivative.
(Sec. 811)Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term, or in cases of rape or incest.
(Sec. 814)Allows the transfer of amounts appropriated in this Act as operating funds to the District's enterprise and capital funds. Requires such transferred amounts to retain appropriation authority consistent with this Act.
(Sec. 815)Requires the Director of the District of Columbia Public Defender Service for FY2012 and ensuing fiscal years to provide representation for and hold harmless, or provide liability insurance for, any employee, member of the Board of Trustees, or officer of the Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational services or management services or related services while acting within the scope of that person's office or employment.
(Sec. 816)Amends the District of Columbia Appropriations Act, 2005 to change from every two years to every five years the interval between mandatory management evaluations by the Comptroller General of the District of Columbia Chartering Authorities for the District of Columbia Public Charter Schools. Requires the evaluation to include the actual budget expenditures for the preceding five (currently, two) fiscal years. Division D: Department of Homeland Security Appropriations Act, 2012 - Department of Homeland Security Appropriations Act, 2012 - Title I: Departmental Management and Operations - Makes appropriations for the Department of Homeland Security (DHS) for FY2012, including for:
(1) the Office of the Secretary of Homeland Security and executive management,
(2) the Office of the Under Secretary for Management,
(3) the Office of the Chief Financial Officer,
(4) the Office of the Chief Information Officer and Department-wide technology investments,
(5) the Office of the Inspector General, and
(6) intelligence analysis and operations coordination activities. Prohibits specified funds from being available until the Secretary submits a comprehensive plan for implementation of the biometric air exit system. Title II: Security, Enforcement, and Investigations - Makes appropriations for FY2012 for:
(1) United States Customs and Border Protection (CBP), including for border security fencing, infrastructure, and technology and for air and marine interdiction, operations, maintenance, and procurement;
(2) United States Immigration and Customs Enforcement (ICE), including specified amounts to reimburse other agencies for costs associated with the repatriation of smuggled aliens unlawfully present in the United States, to identify aliens convicted of a crime who may be deportable and to remove them from the United States once they are judged deportable, and for detention and removal operations;
(3) the Transportation Security Administration (TSA), including for aviation security (including for explosive detection systems among screening operations), surface transportation security, the development and implementation of screening programs of the Office of Transportation Threat Assessment and Credentialing, transportation security support and intelligence, and Federal Air Marshals;
(4) the Coast Guard, including specified funds for the global war on terrorism and for prevention, removal, and enforcement related to oil discharges; and
(5) the United States Secret Service. Requires the Border Patrol to maintain an active duty presence of not less than 21,370 full-time equivalent agents protecting the U.S. borders in the fiscal year. Prohibits the obligation of specified CBP funds for:
(1) the Automated Commercial Environment program until the CBP Commissioner submits an expenditure plan; and
(2) border security fencing, infrastructure, and technology until the Commissioner submits a program to establish and maintain a security barrier along the U.S. borders of fencing and vehicle barriers and other forms of tactical infrastructure and technology. Prohibits Members of Congress, heads of federal agencies and commissions, or senior members of the Executive Office of the President from being exempt from federal passenger and baggage screening. Title III: Protection, Preparedness, Response, and Recovery - Makes appropriations for FY2012 for:
(1) the National Protection and Programs Directorate, including for the Federal Protective Service and the United States Visitors and Immigrant Status Indicator Technology Project (US-VISIT);
(2) the Office of Health Affairs, including for BioWatch operations; and
(3) the Federal Emergency Management Agency (FEMA), including for the Urban Search and Rescue Response System, state and local programs, firefighter assistance grants, emergency management performance grants, the United States Fire Administration, disaster relief, the disaster assistance direct loan program account, the flood hazard mapping and risk analysis program, the National Flood Insurance Fund, the predisaster mitigation grant program, and the emergency food and shelter program. Prohibits the obligation of specified funds for US-VISIT until the Secretary submits a multiyear investment and management plan. Title IV: Research and Development, Training, and Services - Makes appropriations for FY2012 for:
(1) United States Citizenship and Immigration Services (CIS), including for the E-Verify Program;
(2) the Federal Law Enforcement Training Center;
(3) the Office of the Under Secretary for Science and Technology; and
(4) the Domestic Nuclear Detection Office. Title V: General Provisions -
(Sec. 501)Sets forth limitations and prohibitions on the availability, use, reprogramming, or transfer of funds for specified programs and activities under this Act.
(Sec. 513)Prohibits the use of funds available in this Act:
(1) to amend the oath of allegiance required under the Immigration and Nationality Act,
(2) to enforce provisions of the Intelligence Reform and Terrorism Prevention Act of 2004 regarding the prohibition against air passengers carrying butane lighters unless the Assistant Secretary (TSA) reverses the determination of July 19, 2007, that butane lighters are not a significant threat to civil aviation security,
(3) by CIS to grant an immigration benefit unless the results of required background checks have been received and do not preclude granting the benefit,
(4) to approve a waiver of the navigation and vessel-inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until the DHS Secretary takes adequate measures to ensure the use of U.S. flag vessels, or
(5) to reduce the Coast Guard's Operations Systems Center mission or its government-employed or contract staff levels.
(Sec. 532)Prohibits the use of CBP funds to prevent an individual from importing a prescription drug from Canada if:
(1) such individual is not in the business of importing a prescription drug; and
(2) such drug complies with specified provisions of the Federal Food, Drug, and Cosmetic Act and is not a controlled substance or a biological product. Makes this section applicable only to individuals transporting on their person a personal-use quantity of the prescription drug not exceeding a 90-day supply.
(Sec. 535)Prohibits the use of funds for planning, testing, piloting, or developing a national identification card.
(Sec. 536)Requires the TSA Administrator, upon determining that an airport does not need to participate in the E-Verify Program, to certify that no security risks will result from such non-participation.
(Sec. 537)Requires the FEMA Administrator to publish on the FEMA website a report regarding a decision by the President to declare a major disaster that summarizes damage assessment information used to determine whether a major disaster exists.
(Sec. 541)Prohibits the use of funds under this Act to:
(1) transfer or release to or within the United States Khalid Sheikh Mohammed or any other detainee who is not a U.S. citizen or a member of the U.S. Armed Forces and who is or was held on or after June 24, 2009, at the U.S. Naval Station, Guantanamo Bay, Cuba, by the Department of Defense (DOD); or
(2) employ an unauthorized alien.
(Sec. 548)Requires the TSA Administrator to submit a report that either certifies that a requirement for screening all air cargo on passenger aircraft has been met or includes a strategy to comply with that requirement.
(Sec. 549)Requires the DHS Secretary to ensure that any process to screen aviation passengers and crews for transportation or national security purposes takes into consideration such passengers' and crews' privacy and civil liberties.
(Sec. 550)Prohibits the obligation of funds made available in this Act for construction of the National Bio- and Agro-defense Facility until DHS completes 50% of design planning for the facility and submits specified reports, including a revised site-specific biosafety and biosecurity mitigation risk assessment.
(Sec. 561)Prohibits the use of funds to enforce specified requirements of the fire grant program.
(Sec. 564)Provides for civil penalties of up to $10,000 for violating provisions regarding entering aircraft or an airport area in violation of security requirements. Requires each operator of an airport in the United States that is required to establish an air transportation security program to ensure that signs providing notice of penalties are displayed near all screening locations and at other specified areas.
(Sec. 565)Disaster Assistance Recoupment Fairness Act of 2011 - Authorizes the FEMA Administrator to waive a debt owed to the United States relating to federal assistance provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to individuals and households in relation to a major disaster declared by the President between August 28, 2005, and December 31, 2010, if:
(1) such assistance was distributed based on an error by FEMA,
(2) there was no fault on behalf of the debtor, and
(3) the collection of the debt would be against equity and good conscience. .
(Sec. 566)Makes recipients of Small Business Administration (SBA) Disaster loans for damage to their homes related to disasters between August 28, 2005, and August 28, 2006, eligible for reimbursement for documented and eligible mitigation work at the discretion of the state.
(Sec. 567)Prohibits funds from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates.
(Sec. 568)Directs the Commissioner of CBP and the Assistant Secretary of Homeland Security for ICE to submit with the congressional budget justification a multiyear investment and management plan for their Offices of Information Technology.
(Sec. 569)Directs the Secretary to ensure enforcement of immigration laws.
(Sec. 570)Rescinds various amounts from specified agencies, including the Coast Guard, ICE, CBP, DHS, and FEMA.
(Sec. 573)Provides for an extension of the national flood insurance program. Division E: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 - Department of the Interior, Environment, and Related Agencies Appropriations Act, 2012 - Makes appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies for FY2012. Title I: Department of the Interior - Makes appropriations for FY2012 to the Bureau of Land Management (BLM) for:
(1) land and resource management;
(3) land acquisition;
(4) Oregon and California grant lands;
(5) range improvements;
(6) service charges, deposits, and forfeitures with respect to public lands; and
(7) miscellaneous trust funds. Appropriates funds for FY2012 to the U.S. Fish and Wildlife Service (USFWS) for:
(1) resource management;
(3) land acquisition;
(4) expenses related to state conservation programs under the Endangered Species Act of 1973;
(5) the National Wildlife Refuge Fund;
(6) expenses related to carrying out the North American Wetlands Conservation Act;
(7) financial assistance for projects to promote the conservation of neotropical migratory birds;
(8) expenses related to carrying out, through the Multinational Species Conservation Fund, the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, the Rhinoceros and Tiger Conservation Act of 1994, the Great Ape Conservation Act of 2000, and the Marine Turtle Conservation Act of 2004; and
(9) wildlife conservation grants to states, the District of Columbia, U.S. territories, and Indian tribes. Makes appropriations for FY2012 to the National Park Service (NPS) (including rescission and transfer of funds) for:
(1) the National Park System,
(2) expenses for national recreation and preservation programs,
(3) expenses related to carrying out the National Historic Preservation Act and the Omnibus Parks and Public Lands Management Act of 1996,
(4) construction, and
(5) land acquisition and state assistance from the Land and Water Conservation Fund. Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY2012. Makes appropriations for FY2012 to:
(1) the U.S. Geological Survey for surveys, investigations, and research (including for satellite operations);
(2) the Bureau of Ocean Energy Management, for ocean energy management (including expenses related to promoting volunteer beach and marine cleanup activities);
(3) the Bureau of Safety and Environmental Enforcement for offshore safety and environmental enforcement and oil spill research;
(4) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund;
(5) the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE) for operation of Indian programs, (including transfer of funds), construction (including transfer of funds), Indian land and water claim settlements and miscellaneous payments to Indians, and for Indian guaranteed loans;
(6) the Office of the Secretary for departmental offices;
(7) provide assistance to U.S. territories (including transfer of funds) and to carry out the Compacts of Free Association with respect to the Marshall Islands, Palau, and Micronesia;
(8) the Office of the Solicitor;
(9) the Office of Inspector General;
(10) provide for the operation of trust programs for Indians (including transfers of funds);
(11) wildland fire management, including for wildfire suppression to support federal emergency response actions (including transfers and rescission of funds);
(12) the FLAME Wildfire Suppression Reserve Fund for necessary expenses for large fire suppression operations and as a reserve fund for suppression and federal emergency response activities (including a transfer of funds);
(13) the Central Hazardous Materials Fund for expenses of the Department of the Interior and its component offices and bureaus for response action, including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA); and
(14) the Department of the Interior for natural resource damage assessment and restoration. Amends the Chesapeake Bay Initiative Act of 1998 to extend the authorization of appropriations for the Chesapeake Bay Gateways and Watertrails Network through FY2013. Allows a single procurement for the project to repair the damage done to the Washington Monument to be issued, so long as the solicitation and contract contain the clause "availability of funds" as found in a specified federal regulation. Declares that, for FY2012, not less than 50% of the inspection fees collected by the Bureau of Safety and Environmental Enforcement will be used to fund personnel and mission-related costs to expand capacity and expedite the development, subject to environmental safeguards, of the Outer Continental Shelf (OCS) pursuant to the Outer Continental Shelf Lands Act, including the review of applications for permits to drill. Authorizes the use of funds under title IV of P.L. 95-87 (Surface Mining Control and Reclamation Act of 1977) for any required non-federal share of the cost of projects funded by the federal government for the purpose of environmental restoration related to the treatment or abatement of acid mine drainage from abandoned mines. States that such projects must be consistent with such Act's purposes and priorities. Makes funds appropriated under the heading Wildland Fire Management made available for assistance to or through the Department of State in connection with forest and rangeland assistance in foreign countries available to support forestry, wildland fire management, and related natural resource activities outside of the United States and U.S. territories and possessions. Rescinds a specified amount for wildland fire suppression in FY2011 from the funds made available under such heading. Sets forth authorized and prohibited uses of specified funds. Authorizes appropriations to the Department of the Interior for:
(1) remedial actions under CERCLA; and
(2) natural resource damage assessment and restoration activities to carry out CERCLA activities, the Federal Water Pollution Control Act (commonly known as the Clean Water Act [CWA]), the Oil Pollution Act of 1990, and provisions concerning managing certain National Park System resources.
(Sec. 107)Authorizes the NPS to implement modifications to the Tamiami Trail in accordance with the preferred alternative identified in the final environmental impact statement noticed in the Federal Register on December 14, 2010, relating to the restoration of the Everglades ecosystem.
(Sec. 108)Authorizes the Secretary of the Interior to acquire lands, waters, or interests therein for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors to Ellis, Governors, and Liberty Islands.
(Sec. 109)Directs the Secretary of the Interior, in FY2012, to collect a nonrefundable inspection fee from the designated operator for facilities subject to inspection under the Outer Continental Shelf Lands Act. Requires such fee to be deposited in the Ocean Energy Management account. Requires annual fees to be collected, as prescribed by this section, for facilities that are above the waterline, excluding drilling rigs, and that are in place at the start of FY2012. Requires fees for drilling rigs to be assessed, as prescribed by this section, for all inspections completed in FY2012.
(Sec. 110)Grants the Secretary of the Interior the authority to establish an oil and gas leasing Internet program, under which lease sales may be conducted through methods other than oral bidding.
(Sec. 111)Amends P.L. 109-54 (Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006) to provide that, for purposes of adjudicating Indian probate cases in the Department of the Interior, certain hearing requirements under provisions regarding descent and distribution of Indian lands are deemed satisfied by a proceeding conducted by an Indian probate judge appointed by the Secretary without regard to provisions governing competitive service appointments. Authorizes the Secretary of the Interior, in order to implement a reorganization of the Ocean Energy Management, Regulation and Enforcement (BOEMRE), to establish accounts and transfer funds among and between its affected offices and bureaus only in conformance with the reprogramming guidelines in the report accompanying this Act.
(Sec. 113)Requires, beginning July 1, 2008, any funds (except for construction funds) held by a P.L. 100-297 tribally controlled grant school or a P.L. 93-638 tribally controlled contract school, upon retrocession to or re-assumption by the BIE, to remain available for a five-year period for the benefit of the programs approved for such a school on October 1, 1995.
(Sec. 114)Authorizes the Secretary of the Interior to enter into certain multiyear cooperative agreements with nonprofits and other appropriate entities, and certain multiyear contracts for the long-term care and maintenance of excess wild free roaming horses and burros by nonprofits and other appropriate entities on private lands. Limits such an agreement or contract to ten years, subject to renewal at the discretion of the Secretary.
(Sec. 115)Authorizes the head of a BIE-operated school or the Director's designee, to enter into agreements with public and private persons and entities that provide for them to rent or lease such land or facilities of a BIE-operated school for such periods of time as the school is Bureau operated, in exchange for a consideration in the form of funds that benefits the school. Requires funds received by such a school to be retained and used for school purposes otherwise authorized by law. Permits education personnel who are under the direction and supervision of the Secretary of the Interior to participate in fundraising activities for the benefit of a BIE-operated school as part of their official duties. Requires the Secretary to promulgate regulations to carry out this section within 16 months of enactment of this Act. Makes the provisions of this section applicable through FY2014.
(Sec. 116)Amends P.L. 111-212 (Supplemental Appropriations Act, 2010) to extend, through FY2012, the requirements regarding the use of the National Park Service Recreation Fee Program account for the cost of adjustment and changes within the original scope of contracts for NPS projects funded by P.L. 111-5 (American Recovery and Reinvestment Act of 2009) and for associated administrative costs when no funds are otherwise available for those purposes.
(Sec. 117)Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marketing of salmonid stocks, intended for harvest, that are released from federally operated or financed hatcheries.
(Sec. 118)Bars any proposed new use of the Arizona & California Railroad Company's right-of-way for the conveyance of water from proceeding unless the Secretary of the Interior certifies that such use is within the scope of the right-of-way. Prohibits funds made available to the Department of the Interior from being used, in relation to any proposal to store water underground for the purpose of export, for approval of any right-of-way or similar authorization on the Mojave National Preserve or lands managed by the Needles Field Office of the BLM, or for carrying out any activities associated with such right-of-way or similar approval.
(Sec. 119)Prohibits funds under this Act from being used by the Secretary of the Interior to implement or enforce regulations concerning boating within the Yukon-Charley Rivers National Preserve in Alaska, including waters subject to U.S. jurisdiction or any other authority. Prohibits this section from affecting the authority of the Coast Guard to regulate the use of waters subject to the jurisdiction of the United States within the Preserve.
(Sec. 120)Provides for FY2012 assistance levels to Palau. Limits assistance to FY2009 levels. Withholds such assistance if trust fund withdrawals exceed $5 million.
(Sec. 121)Authorizes the appointment, without regard to the civil service examination, certification, and appointment provisions, of certain former resource assistants of the Public Lands Corps who have subsequently earned an undergraduate or graduate degree from an accredited institution of higher education to a position with a land managing agency of the Department of the Interior. Bars such direct hire authority from being exercised with respect to any specific qualified candidate after the end of the two-year period beginning on the date on which such candidate completed such degree. Amends the Alaska National Interest Lands Conservation Act of 1980 (ANILCA) to direct the Secretary to establish an excepted service appointment authority for the hiring of individuals who have lived or worked near public lands situated in Alaska and who have special knowledge or expertise concerning natural or cultural resources and the management of such public lands to positions within those lands. Gives an employment preference in the excepted service to individuals within those local hires who are eligible to be selected for such a position and who are preference eligibles. Provides for individuals appointed on or after March 30, 2009, and who satisfactorily complete two years of continuous service in such an excepted service appointment and who meet satisfactory performance and competitive service qualification requirements, to have their appointments converted to competitive service career-conditional or career employment as appropriate. Requires employees who do not meet competitive service qualification requirements after completing two years of such service in such an appointment to be converted upon meeting such requirements. States that temporary and time-limited appointments will be made in the excepted service and that there is no provision for conversion to the competitive service when appointments are time-limited. Authorizes, for FY2012-FY2013, the use of funds made available in this title for the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement by the Secretary of the Interior to establish higher minimum rates of basic pay for employees of the Department of the Interior in the Gulf of Mexico Region in the Geophysicist (GS-1313), Geologist (GS-1350), and Petroleum Engineer (GS-0881) job series at grades 5 through 15 at rates no greater than 25% above the minimum basic pay rates normally scheduled.
(Sec. 122)Allows, for FY2012-FY2013, a person to bring a civil action challenging a decision of the BLM concerning grazing on public lands only if the person has exhausted the administrative hearings and appeals procedures established by the Department of the Interior, including having filed a timely appeal and a request for stay, subject to an exception. Permits consideration of an issue in the judicial review of such decision only if such issue was raised in such administrative review process. Directs the Secretary of the Interior to accept the donation of valid existing permits or leases that authorize grazing on public lands in the California Desert Conservation Area. Requires the Secretary to terminate each donated permit or lease, ensure a permanent end to grazing on the land covered by such permit or lease, and make the land available for mitigation by allocating the forage to wildlife use consistent with any applicable Habitat Conservation Plan, section 10 (a)
(1)(B) permit, or section 7 consultation under the Endangered Species Act of 1973. Instructs the Secretary if the land covered by a donated permit or lease is also covered by another valid existing permit or lease that is not donated, to reduce the authorized grazing level on the covered land to reflect the donation. Prohibits the Secretary from allowing grazing use to exceed the authorized level under such remaining valid existing permit or lease so as to ensure that there is a permanent reduction in the level of grazing on such land.
(Sec. 123)Authorizes the BLM, during FY2012-FY2013 and at its sole discretion, to review planning and implementation decisions regarding the trailing of livestock across public lands, including the issuance of crossing or trailing authorizations or permits under the National Environmental Policy Act of 1969 (NEPA). Prohibits subjecting temporary trailing or crossing authorizations across public lands to protest and/or appeal under specified federal regulations.
(Sec. 124)Authorizes the Secretary of the Interior to lease to the Savannah Bar Pilots Association or a successor organization up to 30,000 square feet of land and improvements in Fort Pulaski National Monument in Georgia at the location on Cockspur Island that has been used continuously by the Association since 1940. Instructs the Secretary to require a rental fee based on fair market value adjusted, as deemed appropriate, for amounts to be spent by the lessee for property preservation, maintenance, or repair and related expenses. Requires the proceeds from such fee to be deposited into a special account in the Treasury and made available for infrastructure needs at units of the National Park System. Requires such a lease to:
(1) be made for a term of no more than 10 years and, at the discretion of the Secretary, for successive terms; and
(2) include any terms and conditions necessary for the protection of the resources of the Monument and the public interest.
(Sec. 125)Prohibits funds under this Act, or any other Act, from being used to implement, administer, or enforce Secretarial Order No. 3310 issued by the Secretary of the Interior on December 22, 2010, relating to the protection of wilderness characteristics on public lands under the management of the BLM. Prohibits anything in this section from restricting the Secretary's authorities under the Federal Land Policy and Management Act of 1976 to inventory and identify public lands on a continual basis and to develop and revise land use plans. Title II: Environmental Protection Agency - Makes appropriations for FY2012 to EPA for:
(1) science and technology;
(2) environmental programs and management;
(3) the Office of Inspector General;
(4) buildings and facilities;
(5) the Hazardous Substance Superfund (including transfers of funds);
(6) the Leaking Underground Storage Tank Trust Fund Program,
(7) expenses to carry out EPA's responsibilities under the Oil Pollution Act of 1990 concerning inland oil spill programs;
(8) state and tribal assistance grants for environmental programs and infrastructure assistance, including capitalization grants for the Clean Water State Revolving Funds and Drinking Water State Revolving Funds;
(9) brownfields revitalization funding under CERCLA;
(10) diesel emissions reduction under the Energy Policy Act of 2005;
(11) grants for multi-media or single media pollution prevention, control, and abatement and related activities;
(12) grants for particulate matter monitoring and data collection activities under the Clean Air Act;
(13) state implementation support grants under CERCLA;
(14) Environmental Information Exchange Network grants; and
(15) grants to states under the Solid Waste Disposal Act. Directs that a specified amount be made available under this title for activities in connection with the construction of high priority water and wastewater facilities in the area of the U.S.-Mexico border, after consultation with the appropriate border commission. Revises provisions concerning limitations on, and allocations of, state water pollution control revolving funds. Authorizes the EPA Administrator to collect and obligate pesticide registration service fees in accordance with the Federal Insecticide Fungicide, and Rodenticide Act (FIFRA). Authorizes the EPA Administrator to:
(1) transfer a specified amount from funds appropriated for the Great Lakes Initiative
(1995) under the heading Environmental Programs and Management to any federal department or agency for carrying out activities that would support the Great Lakes Restoration Initiative and Great Lakes Water Quality Agreement programs, projects, or activities;
(2) enter into an interagency agreement with the head of such department or agency to carry out these activities; and
(3) make grants to specified entities for planning, research, monitoring, outreach, and implementation to further the Restoration Initiative and the Agreement. Rescinds:
(1) permanently a specified amount from unobligated balances within the Hazardous Substance Superfund account; and
(2) separate, specified amounts within the State and Tribal Assistance Grants account from unobligated Brownfields, Mexico Border, Diesel Emissions Reduction Act, categorical grant, and Clean Water State Revolving Funds balances. Prohibits any amounts from being rescinded from amounts designated by Congress as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985. Applies labor standards under:
(1) the Clean Water Act to the construction of treatment works carried out with assistance made available by a state water pollution control revolving fund, and
(2) the Safe Drinking Water Act to any construction project carried out with assistance made available by a drinking water treatment revolving loan fund. Allows the EPA Administrator to authorize the expenditure or transfer of up to $10 million from any appropriation in this title, in addition to amounts included in the Inland Oil Spill Programs account, for removal activities related to oil spills, within five days of notifying the House and Senate Appropriations Committees of the intention to expend or transfer such funds. Bars the expenditure or transfer of any funds under such authority until it is determined that amounts made available for expenditure in the Inland Oil Spill Programs account will be exhausted within 30 days. Requires any such funds to be replenished to the appropriation that was the source of the expenditure or transfer. Title III: Related Agencies - Makes appropriations for FY2012 to the Department of Agriculture (USDA) for the Forest Service for:
(1) forest and rangeland research;
(2) state and private forestry;
(3) the National Forest System;
(4) land acquisitions, including specified National Forest areas in Utah, Nevada, and California;
(5) range rehabilitation, protection, and improvement;
(6) gifts, donations, and bequests for forest and rangeland research;
(7) federal land management in Alaska;
(8) wildland fire management (including transfers of funds); and
(9) the FLAME Wildfire Suppression Reserve Fund (including transfers of funds). Makes funds appropriated to the Forest Service available for assistance to or through the Agency for International Development (USAID) to support forestry and related natural resource activities outside the United States and U.S. territories and possessions. Authorizes the Forest Service to sign direct funding agreements with foreign governments and institutions, as well as other domestic agencies, U.S. private sector firms, institutions, and organizations to provide technical assistance and training programs overseas on forestry and rangeland management. Prohibits subjecting funds made available to the Forest Service in this Act or any other Act to transfer under certain transfer authorities under the Department of Agriculture Organic Act of 1944, P.L. 106-224 (the Plant Protection Act of the Agricultural Risk Protection Act of 2000) and P.L. 107-107 (the Animal Health Protection Act of the National Defense Authorization Act for Fiscal Year 2002). Makes funds appropriated to the Forest Service available for making annual payments to certain counties within the Columbia River Gorge National Scenic Area in Oregon and Washington state pursuant to P.L. 99-663 (Columbia River Gorge National Scenic Area Act). Permits funds appropriated to the Forest Service to be used in meeting the non-federal share requirement under the Older Americans Act of 1965 toward the costs of the development of projects to carry out the Older American Community Service Employment Program. Requires individuals who are employed in projects funded under title V of such Act which are administered by the Forest Service to be considered as federal employees for tort claims purposes. Makes appropriations for FY2012 to the Department of Health and Human Services (HHS) for:
(1) the Indian Health Service (IHS) and Indian health facilities, and
(2) the National Institutes of Health (NIH) for the National Institute of Environmental Health Sciences and the Agency for Toxic Substances and Disease Registry. Makes appropriations for FY2012 in specified amounts for various purposes to the:
(1) Executive Office of the President;
(2) Chemical Safety and Hazard Investigation Board;
(3) Office of Navajo and Hopi Indian Relocation;
(4) Institute of American Indian and Alaska Native Culture and Arts Development;
(5) Smithsonian Institution, including for the construction of the National Museum of African American History and Culture;
(6) National Gallery of Art;
(7) John F. Kennedy Center for the Performing Arts;
(8) Woodrow Wilson International Center for Scholars;
(9) National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities (NEH);
(10) Commission of Fine Arts;
(11) National Capital Arts and Cultural Affairs;
(12) Advisory Council on Historic Preservation;
(13) National Capital Planning Commission;
(14) U.S. Holocaust Memorial Museum;
(15) Presidio Trust; and
(16) Dwight D. Eisenhower Memorial Commission, including for the construction of a memorial in honor of President Dwight D. Eisenhower. Amends P.L. 99-190 (Ethics in Government Act Amendments of 1985) to require each organization in the District of Columbia that is eligible to receive a grant for general operating support under a certain program to support artistic and cultural programs in the nation's capital to have its principal place of business in a facility or facilities located in the District of Columbia. Authorizes one-quarter of 1% of the funding provided under the heading National Capital Planning Commission to be used for official reception and representational expenses associated with hosting international visitors engaged in the planning and physical development of world capitals. Title IV: General Provisions - Sets forth limitations on the use of funds under this Act.
(Sec. 404)Prohibits funds from being used to provide specified personal services.
(1) estimated overhead charges, deductions, reserves or holdbacks from programs, projects, activities, and subactivities to support governmentwide, departmental, agency, or bureau administrative functions or headquarters, regional, or central operations to be presented in annual budget justifications and subject to approval by the House and Senate Committees on Appropriations; and
(2) changes to such estimates to be presented to such Committees for approval.
(Sec. 406)Prohibits funds from being used to plan, prepare, or offer for sale timber from trees classified as giant sequoia (Sequoiadendron giganteum) which are located on National Forest System or BLM lands in a manner different than such sales were conducted in FY2011.
(Sec. 407)Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim, subject to exception. Requires a report.
(Sec. 408)Regulates contract support costs.
(Sec. 410)Prohibits funds provided in this Act from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument as such boundary existed on January 20, 2001, except where such activities are allowed under the presidential proclamation establishing the monument.
(Sec. 411)Amends the Temporary Emergency Wildfire Suppression Act to rename such Act as the Emergency Wildfire Suppression Act (the Act). Allows the Secretaries of Agriculture and of the Interior to provide specified liability coverage for foreign firefighters and foreign fire organizations in reciprocal agreements with such organizations under the Act. Amends such Act to bar any funds available to the Secretaries to carry out authorized activities or for reimbursements authorized under the Act from being spent for wildfire protection resources (including personnel) provided by a foreign fire organization for wildfire suppression activities unless it is determined that there are no such resources or personnel within the United States available to provide wildfire suppression.
(Sec. 412)Allows the Secretaries, in awarding a federal contract for any of specified purposes with funds made available by this Act, to give consideration to local contractors who are from economically disadvantaged rural communities and who provide employment and training for dislocated and displaced workers.
(Sec. 413)Prohibits unless otherwise provided in this Act, any funds appropriated in this Act for the acquisition of lands or interests in lands from being spent for the filing of declarations of taking or complaints in condemnation without the approval of the House and Senate Committees on Appropriations.
(Sec. 415)Keeps in effect for FY2012-FY2013 the terms and conditions of provisions of the Department of the Interior and Related Agencies Appropriations Act, 2004 regarding the renewal of certain National Forest System lands grazing permits at the Department of the Interior and the Forest Service that have expired or were transferred or waived during FY2004-FY2008. Requires a grazing permit or lease issued by the Secretary of the Interior for BLM-administered lands, which is the subject of a request for a grazing preference transfer, to be issued, without further processing, for the time remaining in the existing permit or lease using the same mandatory terms and conditions.
(Sec. 416)Prohibits any funds appropriated or otherwise made available by this Act to executive agencies from being used to enter into a federal contract unless the contract is entered into in accordance with provisions and regulations relating to civilian and military contracts, except when:
(1) federal law specifically authorizes a contract to be entered into without regard to such provisions and regulations, including formula grants for states or federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-Determination and Education Assistance Act or by any other federal laws that specifically authorize a contract within a tribe; or
(3) the contract was awarded prior to this Act's enactment.
(Sec. 417)Requires agencies receiving funds in this Act to post on their public websites any report required to be submitted by Congress in this or any other Act if it serves the national interest. Makes such requirement inapplicable to a report if the public posting of such report compromises national security or the report contains proprietary information.
(Sec. 420)Amends Public Law 108-126 (relating to the authorization for the design and construction of a visitor center for the Vietnam Veterans Memorial) to permit competitive grant funds to be used to pay any expense for the establishment of such center.
(Sec. 421)Amends the Forest Service Facility Realignment and Enhancement Act of 2005 to extend the authority of the Secretary of Agriculture, until September 30, 2016, to convey Forest Service administrative sites or interests in such sites under the jurisdiction of such Secretary.
(Sec. 422)Amends the Department of the Interior and Related Agencies Appropriations Act, 2001 to extend permanently the authorities of the Secretaries of Agriculture and of the Interior concerning the Service First initiative.
(Sec. 423)Amends the Department of the Interior and Related Agencies Appropriations Act, 2005 to extend the authority of the Secretary of Agriculture, until September 30, 2013, to permit the State Forester of Utah via cooperative agreements or contracts (including sole source contracts) to perform forest, rangeland, and watershed restoration services on National Forest System lands in Utah.
(Sec. 424)Directs the Department of the Interior, EPA, Forest Service, and IHS to provide the House and Senate Appropriations Committees with quarterly reports on the status of the balances of their separate appropriations.
(Sec. 425)Directs the President to submit a comprehensive report to the House and Senate Appropriations Committees detailing all federal agency funding for climate change programs, projects, and activities in FY2011, including:
(1) an accounting of funding identifying climate change programs, projects and activities and associated costs; and
(2) citations and linkages to each strategic plan that is driving funding within each program, project, and activity.
(Sec. 426)Prohibits funds in this Act or any other Act from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.
(Sec. 427)Prohibits the use of any funds in this or any other Act to implement any provision in a rule if such provision requires mandatory reporting of greenhouse gas emissions from manure management systems.
(Sec. 428)Directs the Secretary of Agriculture, through the Forest Service, to make the requirements of the Healthy Forests Restoration Act of 2003 which provide for a pre-decisional objection process respecting an authorized hazardous fuel reduction project on Forest Service land applicable to proposed actions of the Forest Service concerning projects and activities that implement land and resource management plans developed under the Forest and Rangeland Renewable Resources Planning Act of 1974. Exempts from such process an emergency situation for which immediate implementation of a proposed action is necessary. Requires implementation to begin immediately after notice is given of the final decision for such action. Makes this section inapplicable to an authorized hazardous fuel reduction project under title I of the Healthy Forests Restoration Act.
(Sec. 429)Amends the CWA to prohibit the Administrator of the EPA from requiring a permit for, or requiring any state to require a permit for, discharges of stormwater runoff from roads, the construction, use, or maintenance of which are associated with silvicultural activities, or from other such activities involving nursery operations, site preparation, reforestation, and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, or surface drainage.
(Sec. 430)Amends the Omnibus Budget Reconciliation Act of 1993 to require:
(1) the holders of an unpatented lode mining claim, mill site, or tunnel site located on or after August 10, 1993, to pay a claim maintenance fee of $100 per claim or site; and
(2) the holder of an unpatented placer mining claim located before, on, or after, August 10, 1993, to pay the claim maintenance fee for each 20 acres of such claim or portion thereof. Requires such claim maintenance fees to be paid for the year in which the location is made, at the time the location notice is recorded with the BLM.
(Sec. 431)Prohibits funds in this Act or any other Act for FY2012 from being used to carry out:
(1) any new management restrictions on domestic sheep on National Forest System land with potential domestic sheep and bighorn sheep contact that is in excess of the management restrictions in existence on July 1, 2011; or
(2) any other agency regulation for managing bighorn sheep populations on any allotment of such land if the management action will result in reducing the number or distribution of domestic livestock permitted to graze on the allotment. Authorizes the Secretary of Agriculture to make such management changes as determined necessary for the management of bighorn sheep if those changes:
(1) are consistent with the wildlife plans of the relevant state fish and game agency, as determined in consultation with such agency, and
(2) are developed in consultation with the affected permittees. Allows the BLM, in circumstances involving conflicts between bighorn sheep and domestic sheep grazing on public lands, to only modify or cancel domestic sheep grazing permits after consultation with the appropriate state fish and game agency. Provides that, if a state has an approved State Wildlife Management Plan that addresses bighorn sheep management, then the BLM modification or cancellation of permits in such state shall conform to the management objectives in such Plan, unless conformance would be inconsistent with federal statute or regulation. Makes the BLM bound by such requirements until September 30, 2012. Specifies this section's effect on the voluntary closure of existing domestic sheep allotments that are carried out to reduce conflicts between domestic sheep and bighorn sheep. Permits the Secretaries to accept the voluntary waiver of valid existing leases or permits that authorize grazing on the National Forest System lands or public lands specified in this section. Allows an affected permittee, if the grazing permit or lease for a grazing allotment is only partially within the area of potential domestic sheep and bighorn sheep contact, to elect to waive only the part of the permit or lease that is in such area. Requires the Secretary concerned to:
(1) terminate permits and leases that are waived or partially waived,
(2) ensure a permanent end to domestic sheep grazing on the land covered by such permits and leases until there is no conflict with bighorn sheep management, and
(3) provide for the reimbursement of range improvements in compliance with the Taylor Grazing Act.
(Sec. 432)Declares that, it is the purpose of this section to ensure that the energy policy of the United States focuses on the expeditious and orderly development of domestic energy resources in a manner that protects human health and the environment. Amends the Clean Air Act to:
(1) exclude the OCS sources located offshore of the North Slope Borough of Alaska from certain requirements under such Act to control air pollution from certain OCS sources;
(2) require updates of such requirements for such sources as are necessary to maintain consistency with onshore regulations and such Act; and
(3) instruct the Secretary of the Interior, for the parts of the OCS that are adjacent to the North Slope Borough, to consult with the EPA Administrator to assure the coordination of air pollution control regulation for OCS emissions and emissions in adjacent onshore areas. Prohibits the transfer of the air quality permitting authority pursuant to this section from invalidating or staying any pending or existing air quality permit or any proceeding related thereto. Directs the Comptroller General to conduct a study on the process for air quality permitting in the OCS that shall compare air quality permitting for OCS sources by the Department of the Interior with that by the EPA. Instructs the Comptroller General, in carrying out the study, to consult with the Administrator, the Secretary of the Interior, and applicants for air quality permits. Requires the Comptroller General to complete and report on such study to Congress by not later than September 30, 2014.
(Sec. 433)Prohibits funds in this Act from being 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 acting on behalf of such corporation convicted) within the preceding 24 months of a felony criminal violation under any federal law, where the awarding agency is aware of the conviction, unless it has considered suspension or debarment of such corporation, officer, or agent, and has made a determination that this further action is unnecessary to protect the government's interests.
(Sec. 434)Prohibits funds in this Act from being used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation with an 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, where the awarding agency is aware of such unpaid liability, unless it has considered suspension or debarment of such corporation, and has made a determination that this further action is unnecessary to protect the government's interests.
(Sec. 435)Bars the IHS, until October 1, 2013, from disbursing funds for the provision of health care services pursuant to the Indian Self-Determination and Education Assistance Act to any Alaska Native village or Alaska Native village corporation located within an area served by an Alaska Native regional health entity. Treats Eastern Aleutian Tribes Inc., the Council of Athabasan Tribal Governments, and the Native Village of Eyak as entities to which funds may be disbursed.
(Sec. 436)Rescinds, as prescribed by this section, an amount equal to 0.16 % of the budget authority provided for FY2012 for any discretionary appropriation in titles I through IV of this Act. Makes, under the heading Bureau of Indian Affairs, Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, the across-the-board rescission in this section, and any subsequent rescission for FY2012, applicable only to the first dollar amount in the paragraph under that heading. Requires the distribution of the rescission to be made at the discretion of the Secretary of the Interior, who shall report on such distribution to the House and Senate Appropriations Committees. Requires the Director of the Office of Management and Budget (OMB) to report to such Committees on the account and amount of each rescission that is made pursuant to this section. Division F: Departments of Labor, Health and Human Services, Education, and Related Agencies Appropriations Act, 2012 - Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2012 - Title I: Department of Labor - Department of Labor Appropriations Act, 2012 - Makes appropriations for FY2012 to the Department of Labor for:
(1) the Employment and Training Administration, including training and employment services;
(2) the Office of the Job Corps;
(3) community service employment for older Americans;
(4) federal unemployment benefits and allowances;
(5) state unemployment insurance and employment service operations;
(6) advances to the Unemployment Trust Fund;
(7) employment and training program administration;
(8) the Employee Benefits Security Administration;
(9) the Pension Benefit Guaranty Corporation;
(10) the Wage and Hour Division;
(11) the Office of Labor Management Standards;
(12) the Office of Federal Contract Compliance Programs;
(13) the Office of Workers' Compensation Programs;
(14) certain special benefits, including ones for disabled coal miners;
(15) administrative expenses for the Energy Employees Occupational Illness Compensation Fund;
(16) the Black Lung Disability Trust Fund;
(17) the Occupational Safety and Health Administration (OSHA);
(18) the Mine Safety and Health Administration (MSHA);
(19) the Bureau of Labor Statistics;
(20) the Office of Disability Employment Policy;
(21) departmental management;
(22) veterans employment and training;
(23) infrastructure technology (IT) modernization; and
(24) the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds and transfers of funds appropriated under this title.
(Sec. 101)Prohibits use of Job Corps funds to pay individual salary and bonuses at a rate in excess of Executive Level II.
(Sec. 102)Allows not more than 1% of discretionary funds for the current fiscal year for the Department of Labor in this Act to be transferred between a program, project, or activity. Prohibits any increase of any such program, project, or activity by more than 3% by any such transfer.
(Sec. 103)Prohibits funds from being obligated or expended to procure goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries already identified by the Department of Labor prior to enactment of this Act, in accordance with a specified executive order.
(Sec. 104)Prohibits the availability of funds to the Department of Labor for grants under the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) for any purpose except for competitive grants for the training of foreign workers in the occupations and industries for which they were hired under the H-1B visa program, and necessary related activities.
(Sec. 105)Prohibits recipients of employment and training funds from using them to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for specified vendors.
(Sec. 106)Prohibits the Secretary of Labor (Secretary for purposes of this title) from taking any action, with certain exceptions, to amend a specified definition for functions and activities or to modify a certain procedure for redesignation of local areas under the Workforce Investment Act of 1998 (WIA) until legislation reauthorizing the Act has been enacted.
(Sec. 107)Authorizes the Secretary to transfer to Program Administration of funds available to the Employment and Training Administration for technical assistance services to grantees, if those services will be more efficiently performed by federal staff.
(Sec. 108)Prohibits the Secretary from reserving more than 0.5% from each appropriation made available for certain named programs to carry out evaluations of such programs. Requires the transfer to departmental management of any reserved funds for use by the Office of the Chief Evaluation Officer within the Department of Labor. Makes such funds available only if the Chief Evaluation Officer submits a plan to the appropriate appropriations committees describing such evaluations 15 days in advance of any transfer.
(Sec. 109)Prohibits the use of funds to promulgate the Definition of "Fiduciary" regulation published by the Employee Benefits Security Administration on October 22, 2010.
(Sec. 110)Prohibits the use of funds to implement the rule entitled "Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program."
(Sec. 111)Prohibits the use of funds to continue the development of or to implement the Occupational Injury and Illness Recording and Reporting Requirements-Musculoskeletal Disorders (MSD) Column regulation being developed by OSHA.
(Sec. 112)Prohibits the use of funds to implement or enforce the proposed rule entitled "Lowering Miners' Exposure to Coal Mine Dust, Including Continuous Personal Dust Monitors" regulation published by MSHA on October 19, 2010, until the Government Accountability Office (GAO) issues at least a minimum report:
(1) evaluating the completeness of MSHA's data collection and sampling and whether it supports current trends of the incidence of lung disease from occupational exposure to respirable coal mine dust across working underground coal miners, and
(2) assessing the sufficiency of MSHA's analytical methodology.
(Sec. 113)Prohibits the use of funds by the Secretary to administer or enforce certain federal regulations regarding a specific exemption from overtime pay requirements for specified employees of nonmanufacturing establishments. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 2012 - Makes appropriations for FY2012 to the Department of Health and Human Services (HHS) for:
(1) the Health Resources and Services Administration,
(2) the Centers for Disease Control and Prevention (CDC),
(3) the National Institutes of Health (NIH),
(4) the Substance Abuse and Mental Health Services Administration,
(5) the Agency for Healthcare Research and Quality,
(6) the Centers for Medicare and Medicaid Services (CMS),
(7) the Administration for Children and Families,
(8) the Administration on Aging, and
(9) the Office of the Secretary.
(Sec. 209)Prohibits the use of funds for voluntary family planning projects unless the applicant certifies that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities.
(Sec. 210)Prohibits any provider of voluntary planning services under the Public Health Service Act (PHSA) from being exempt from any state law requiring notifications or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.
(Sec. 211)Prohibits the use of funds to carry out the Medicare Advantage program if the Secretary of Health and Human Services denies participation in such program to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.
(Sec. 212)Allows the Secretary to exercise certain authority in order to carry out international health activities during FY2010.
(Sec. 218)Prohibits funds made available in this title from being used to advocate or promote gun control.
(Sec. 219)Prohibits funds appropriated or otherwise made available in this Act from being expended to advance the creation of a Federally Funded Research and Development Center at CMS prior to issuing of notice that outlines specific requirements of the proposal and process.
(Sec. 220)Requires the Secretary to establish a publicly accessible website to provide information regarding the uses of funds made available to the Prevention and Public Health Fund.
(Sec. 221)Eliminates the National Center for Research Resources and assigns its functions to other NIH Institutes. Establishes the National Center for Advancing Translational Sciences, with duties to include developing and providing infrastructure and resources for clinical trials research. Assigns offices and functions to the Center, including the Cures Acceleration Network and the Office of Rare Diseases.
(Sec. 222)Reduces the discretionary appropriation for the CDC and calls for the reduction to be taken from contracting and administrative costs. Title III: Department of Education - Department of Education Appropriations Act, 2012 - Makes appropriations for FY2012 to the Department of Education for:
(1) education for the disadvantaged;
(2) impact aid;
(3) school improvement programs;
(4) Indian education;
(5) innovation and improvement activities;
(6) safe schools and citizenship education;
(7) English language acquisition and language enhancement;
(8) special education;
(9) rehabilitation services and disability research;
(10) special institutions for persons with disabilities, including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University;
(11) career, technical, and adult education;
(12) certain student financial assistance programs, as well as federal administrative expenses for such programs (setting a maximum individual Pell grant amount);
(13) specified higher education programs;
(14) Howard University;
(15) the college housing and academic facilities loans program;
(16) the historically Black college and university capital financing program account;
(17) the Institute of Education Sciences; and
(18) departmental management, including program administration, the Office for Civil Rights, and the Office of the Inspector General. Sets the maximum individual Pell grant amount at $4,860 during award year 2012-2013. Sets forth authorized uses of, and limitations on, funds appropriated under this title.
(Sec. 301)Prohibits the use of funds to transport teachers or students in order to:
(1) overcome racial imbalance in any school, or
(2) carry out a racial desegregation plan.
(Sec. 302)Prohibits the use of funds to require, directly or indirectly, the transportation of any student to a school other than the school nearest the student's home, except, for a student requiring special education, to the school offering that special education, in order to comply with title VI of the Civil Rights Act of 1964. Declares that such a prohibited indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization of the grade structure of schools, the pairing of schools, the clustering of schools, or any combination of grade restructuring, pairing, or clustering. Exempts the establishment of magnet schools from such prohibition.
(Sec. 303)Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in public schools.
(Sec. 304)Allows the transfer between appropriations of not more than 1% of discretionary funds for the current fiscal year for the Department of Education in this Act. Prohibits any increase of any such appropriation by more than 3% by any such transfer.
(Sec. 305)Authorizes the Outlying Areas to consolidate funds received under this Act under part A (Innovative Programs) of title V of the Elementary and Secondary Education Act of 1965.
(Sec. 306)Amends the Compact of Free Association Amendments Act of 2003 to continue the eligibility of the government, institutions, and people of Palau for Pell grant and supplemental education grant funding until the end of FY2012 to the extent they were eligible for such funding in FY2003.
(Sec. 307)Authorizes the Secretary of Education to modify the terms and conditions of gulf hurricane disaster loans to historically Black colleges or universities to mitigate the effects of Hurricanes Katrina and Rita. Charges the schools that receive such loan modifications a fee to cover modification costs.
(Sec. 308)Amends the American Recovery and Reinvestment Act of 2009 to allow states to use their incentive grants to make subgrants to public or private agencies and organizations for activities consistent with the purposes of the grant.
(Sec. 309)Amends the Higher Education Act of 1965 to eliminate the minimum Pell grant for students whose Pell grant amount would fall below 10% of the maximum Pell Grant award for that academic year. Prohibits students from receiving Pell grants for more than 12 semesters. (Currently, 18 semesters.) Lowers the maximum adjusted gross income the parents of dependent students may have, and the maximum adjusted gross income independent students with nonspousal dependents (and their spouses, if applicable) may have, for such students to be considered to have an expected family contribution equal to zero during need analyses for federal student aid. Eliminates alternative means for students who have not completed their high school education to qualify for Pell grants, Supplemental Educational Opportunity grants, the Leveraging Educational Assistance Partnership (LEAP) program, Federal Family Education (FFEL) loans, federal Work-Study programs, Direct loans, and Perkins loans. Applies the federal interest subsidy on Direct Loans made after June 2012 and before July 2014 to all of the interest accrued before a student borrower ceases to carry at least one-half the normal full-time academic workload. Changes, subject to lender approval, the underlying index for calculating special allowance payments to FFEL lenders for loans first disbursed on or after January 1, 2000, and before July 1, 2010, from three-month commercial paper (CP) rates to the one-month London Inter Bank Offered Rate (LIBOR). (Special allowance payments are made to FFEL lenders to compensate them for the difference between FFEL interest rates and market rates.) Increases the amounts authorized and appropriated for the Pell grant program for FY2012-FY2014 and for FY2017-FY2020. Title IV: Related Agencies - Appropriates funds for FY2012 for:
(1) the Committee for Purchase From People who Are Blind or Severely Disabled;
(2) the Corporation for National and Community Services, including funding for the National Service Trust, and the Office of Inspector General;
(3) the Corporation for Public Broadcasting;
(4) the Federal Mediation and Conciliation Service;
(5) the Federal Mine Safety and Health Review Commission;
(6) the Institute of Museum and Library Services;
(7) the Medicaid and CHIP Payment and Access Commission;
(8) the Medicare Payment Advisory Commission;
(9) the National Council on Disability;
(10) the National Labor Relations Board (NLRB);
(11) the National Mediation Board;
(12) the Occupational Safety and Health Review Commission;
(13) the Railroad Retirement Board; and
(12) the Social Security Administration (SSA) for payments to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, for the Supplemental Security Income (SSI) Program, for the Office of Inspector General, and the Limitation on Administrative Expenses (LAE). Specifies restrictions on and allocations for the use of funds appropriated in this title. Prohibits the NLRB from issuing any new administrative directive or regulation that would allow employees to vote through electronic means in an election for a representative for purposes of collective bargaining. Title V: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 501)Authorizes the Secretaries of Labor, Health and Human Services, and Education to transfer unexpended balances of prior appropriations to accounts corresponding to current appropriations provided in this Act, to be used for the same purpose, and for the same periods of time, for which they were originally appropriated.
(Sec. 506)Prohibits the expenditure of funds appropriated in this Act, and in any trust fund to which funds are appropriated in this Act, for:
(1) any abortion, or
(2) health benefits coverage that includes coverage of abortion.
(Sec. 507)Declares that this prohibition does not apply:
(1) if the pregnancy is the result of an act of rape or incest; or
(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. Declares that nothing in Sec. 506 shall be construed as:
(1) prohibiting the expenditure by a state, locality, entity, or private person of state, local, or private funds (other than Medicaid matching funds); or
(2) restricting the ability of any managed care provider from offering abortion coverage or the ability of a state or locality to contract separately with such a provider for such coverage with state funds (other than Medicaid matching funds). Bars the availability of funds to a federal agency or program, or to a state or local government, if it subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions.
(Sec. 508)Prohibits the use of funds made available in this Act for:
(1) the creation of a human embryo or embryos for research purposes; or
(2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under certain federal regulations and the Public Health Service Act.
(Sec. 509)Bars the use of funds for activities promoting the legalization of any drug or other substance included in schedule I of the schedules of controlled substances under the Controlled Substances Act, except for normal and recognized executive-congressional communications. Makes such limitation inapplicable when there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage.
(Sec. 510)Bars the use of funds to promulgate or adopt any final standard under the Social Security Act providing for, or providing for the assignment of, a unique health identifier for an individual (except in an individual's capacity as an employer or a health care provider), until legislation is enacted specifically approving the standard.
(Sec. 511)Bars the obligation or expenditure of funds to enter into or renew a contract with an entity if:
(1) it is otherwise a contractor with the United States and is subject to the requirement regarding submission of an annual report to the Secretary of Labor concerning employment of certain veterans, and
(2) it has not submitted the required report for the most recent applicable year.
(Sec. 512)Prohibits the transfer of funds made available in this Act to any federal department, agency, or instrumentality, except pursuant to an appropriation Act.
(Sec. 513)Prohibits the availability of funds under the Library Services and Technology Act, as amended by the Children's Internet Protection Act, to certain libraries unless they have made specified internet safety certifications.
(Sec. 514)Prohibits certain elementary and secondary schools from receiving funds under the Enhancing Education through Technology program of the Elementary and Secondary Education Act of 1965 unless their local educational agencies have made specified internet safety certifications.
(Sec. 516)Prohibits the use of funds to:
(1) request that a candidate for appointment to a federal scientific advisory committee disclose his or her political affiliation or voting history or the position he or she holds with respect to political issues not directly related to and necessary for the work of the committee involved, or
(2) disseminate scientific information that is deliberately false or misleading.
(Sec. 517)Requires each department and related agency funded through this Act, within 45 days of enactment of this Act, to submit an operating plan that details at the program, project, and activity level any funding allocations for FY2012 that are different than those specified in this Act, the accompanying detailed table in the committee report, or the FY2012 budget request.
(Sec. 518)Requires the Secretaries of Labor, of Health and Human Services, and of Education each to report to the congressional appropriations committees on the number, amount, and other specified details of contracts, non-formula grants, and cooperative agreements exceeding $500,000 in value and awarded by the respective Department on a noncompetitive basis during each quarter of FY2012.
(Sec. 519)Prohibits the use of funds in this Act to enter into a contract in an amount greater than $5 million or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, it has:
(1) filed all federal tax returns required during the three years preceding the certification;
(2) not been convicted of a criminal offense under the Internal Revenue Code; and
(3) not, within 90 days before certification, been notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the IRS and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.
(Sec. 520)Prohibits the expenditure or obligation of funds by the Commissioner of Social Security to process claims for credit for quarters of Social Security coverage:
(1) based on work performed under a Social Security account number that was not the claimant's number; and
(2) performance of such work under such number has formed the basis for a criminal conviction of the claimant for willingly, knowingly, and with intent to deceive furnishing the Commissioner with false information.
(Sec. 521)Bars the use of funds by the Commissioner or the Social Security Administration (SSA) to pay the compensation of SSA employees to administer Social Security benefit payments, under any agreement between the United States and Mexico establishing totalization arrangements between their social security systems, which would not otherwise be payable but for such agreement.
(Sec. 522)Rescinds specified funds made available for performance bonus payments under title XXI (State Children's Health Insurance Program) (CHIP) of the Social Security Act.
(Sec. 523)Bars the use of funds to carry out any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug.
(Sec. 524)Rescinds specified funds made available for the Consumer Operated and Oriented Plan (CO-OP) program, which was authorized under the Patient Protection and Affordable Care Act.
(Sec. 525)Rescinds specified funds made available for the Independent Payment Advisory Board, which was established under the Patient Protection and Affordable Care Act.
(Sec. 526)Requires the Departments of Labor, of HHS, and of Education and the SSA to provide the congressional appropriations committees, beginning in FY2013, a quarterly report on the status of balances of appropriations.
(Sec. 527)Makes 0.189% across-the-board rescissions in discretionary spending for the Departments of Labor, of HHS, and of Education, and Related Agencies for FY2012, excluding amounts made available for the Pell Grant program. Division G: Legislative Branch Appropriations Act, 2012 - Legislative Branch Appropriations Act, 2012 - Title I: Legislative Branch - Makes appropriations to the Senate for FY2012 for:
(1) expense allowances;
(2) representation allowances for the Majority and Minority Leaders;
(3) salaries of specified officers, employees, and committees (including the Committee on Appropriations);
(4) agency contributions for employee benefits;
(5) inquiries and investigations;
(6) the U.S. Senate Caucus on International Narcotics Control;
(7) the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate;
(8) miscellaneous items;
(9) the Senators' Official Personnel and Office Expense Account; and
(10) official mail costs.
(Sec. 1)Authorizes the Secretary of the Senate, if in any fiscal year amounts in any Senate appropriations account for the legislative branch are available for more than one fiscal year, to establish procedures for the payment of expenses with respect to that account from any amounts available for that fiscal year. Makes appropriations to the House of Representatives for FY2012 for:
(1) salaries and/or expenses of the House leadership offices, committees (including the Committee on Appropriations), officers and employees; and
(2) Members' representational allowances.
(Sec. 101)Requires deposit in the Treasury of any amounts of a Member's representational allowance remaining after all payments are made, to be used for federal deficit reduction, or, if there is no deficit, federal debt reduction.
(Sec. 102)Amends the Legislative Branch Appropriations Act, 2005 to transfer authority to assign responsibilities to the Republican Policy Committee, and direct the obligation and expenditure of its allowance for salaries and expenses, from the chair of the Republican Conference to the Speaker of the House (or, if the Speaker is not a member of the Republican Party, the Minority Leader of the House).
(Sec. 103)Grants authority to the Speaker and the Minority Leader of the House to allocate funds among specified offices.
(Sec. 104)Amends the Legislative Branch Appropriations Act, 1999 to repeal the requirement for a 50%-50% allocation of funds between the Republican Conference and the Democratic Steering and Policy Committee for training and program development activities. Requires the Speaker and the Minority Leader to determine the terms and conditions under which such funds shall be paid for the activities of such organizations.
(Sec. 105)Amends the Emergency Supplemental Act, 2002 to abolish the House Office of Emergency Planning, Preparedness, and Operations (OEPPO). Transfers and assigns OEPPO functions and responsibilities to the Sergeant at Arms of the House. Makes FY2012 appropriations for salaries and/or expenses of:
(1) the Joint Economic Committee, the Joint Congressional Committee on Inaugural Ceremonies of 2013, and the Joint Committee on Taxation;
(2) the Office of the Attending Physician;
(3) the Office of Congressional Accessibility Services;
(4) the Capitol Police;
(5) the Office of Compliance;
(6) the Congressional Budget Office (CBO); and
(7) the Architect of the Capitol (AOC), including for the care and operation of Capitol buildings and grounds, Senate Office Buildings, House office buildings, the Capitol power plant, the Library of Congress buildings and grounds, the Capitol Police buildings, grounds, and security, the Botanic Garden, and the Capitol Visitor Center.
(Sec. 1001)Amends the Legislative Branch Appropriations Act, 2002 with respect to the Senate employees student loan repayment program to make employees of the Office of Congressional Accessibility Services eligible to participate in the program. Prohibits such employees, however, from participating in both the federal student loan repayment program and the Senate student loan repayment program at the same time (dual participation).
(Sec. 1102)Authorizes the Chief of the Capitol Police, subject to the joint approval of the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate, to waive in whole or in part a federal claim against a person arising out of an erroneous payment of any pay or allowances, other than for travel and transportation, to an officer, member, or employee of the Capitol Police, if the collection of the claim would be against equity and good conscience and not in the best interests of the United States. Requires the Chief of the Capitol Police, and authorizes the Comptroller General for claims exceeding $1,500, to investigate each application for a waiver. Prohibits the exercise of waiver authority in specified circumstances.
(Sec. 1201)Requires the AOC to transfer amounts made available for construction projects during a fiscal year to the applicable appropriations accounts of the Capitol Police in order to reimburse it for overtime costs incurred in connection with such projects.
(Sec. 1202)Transfers to the AOC the jurisdiction and control, to the extent that the Director of the National Park Service has them, over any portion of the property which is bounded on the north by Pennsylvania Avenue NW, on the east by First Street NW and First Street SW, on the south by Maryland Avenue SW, and on the west by Third Street SW and Third Street NW and any monument or other facility which is located within such area. Appropriates FY2012 funds to:
(1) the Library of Congress for salaries and expenses, the Copyright Office, the Congressional Research Service (CRS), and Books for the Blind and Physically Handicapped;
(2) the Government Printing Office (GPO) for congressional printing and binding;
(3) GPO for the Office of Superintendent of Documents;
(4) the GPO Revolving Fund;
(5) the Government Accountability Office (GAO) for salaries and expenses;
(6) the Open World Leadership Center Trust Fund; and
(7) the John C. Stennis Center for Public Service Development Trust Fund.
(Sec. 1301)Establishes an upper limit of $169.725 million for the FY2012 obligational authority of the Library of Congress with regard to certain reimbursable and revolving fund activities. Authorizes the Librarian of Congress to transfer temporarily up to $1.9 million of funds appropriated in this Act for Library of Congress salaries and expenses to the revolving fund for the FEDLINK Program and the Federal Research Program.
(Sec. 1302)Authorizes the transfer of FY2012 Library of Congress appropriations between any "Library of Congress" headings, up to 10% per account, upon the approval of the congressional appropriations committees.
(Sec. 1303)Makes balances of expired Library of Congress appropriations available to the Library to make a mandatory deposit to the credit of the Employees' Compensation Fund.
(Sec. 1304)Authorizes the Librarian of Congress to dispose of surplus or obsolete Library personal property by interagency transfer, donation, sale, trade-in, or other appropriate method. Requires receipts from such transactions to be credited to funds available for the Library's operations and available for the costs of acquiring the same or similar property during the fiscal year in receipt of such amounts and the following fiscal year.
(Sec. 1401)Amends the Legislative Branch Appropriations Act, 2005 to repeal the exclusion of certain executive agency offices and their employees from the voluntary separation incentive payments (VSIP) program. Allows GAO employees to participate in the VSIP program. Title II: General Provisions - Specifies authorized and prohibited uses of funds appropriated by this Act identical or similar to corresponding provisions of the Legislative Branch Appropriations Act, 2011.
(Sec. 207)Authorizes the AOC to maintain and improve the landscape features, excluding streets, in specified grassy areas of Washington, DC, SW.
(Sec. 209)Prohibits the use of funds made available to the AOC in this Act to eliminate or restrict guided tours of the U.S. Capitol led by congressional employees and interns. Allows temporary suspension or restriction of such tours for security or related reasons to the same extent as guided tours of the U.S. Capitol led by the AOC.
(Sec. 210)Bars the use of funds made available by this Act to deliver a printed copy of:
(1) any bill, joint resolution, or resolution to the office of a Member of the House unless the Member requests it; or
(2) any version of the Congressional Record to such Member's office.
(Sec. 212)Bars the use of funds made available by this Act by the Chief Administrative Officer to make any payments from any Members' representational allowance for the leasing of a vehicle, excluding mobile district offices, in an aggregate amount that exceeds $1,000 monthly for the vehicle. Division H: Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2012 - Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2012 - Title I: Department of Defense - Appropriates funds for FY2012 for the Department of Defense (DOD) for:
(1) military construction for the Army, Navy and Marine Corps, and Air Force (military departments), DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves;
(2) the North Atlantic Treaty Organization (NATO) Security Investment Program;
(3) family housing construction and related operation and maintenance for the military departments and DOD;
(4) the Department of Defense Family Housing Improvement Fund;
(5) the Homeowners Assistance Fund;
(6) chemical demilitarization construction; and
(7) the Department of Defense Base Closure Accounts of 1990 and 2005. Specifies restrictions and authorizations regarding the use of funds appropriated in this title and in other military construction appropriations Acts.
(Sec. 110)Prohibits appropriated funds from being used to initiate a new installation overseas without prior notification to the congressional appropriations committees.
(Sec. 113)Directs the Secretary of Defense (Secretary) to notify the appropriate committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.
(Sec. 120)Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Metropolitan Demonstration Cities and Metropolitan Development Act of 1966.
(Sec. 123)Places specified restrictions and limitations on the obligation or expenditure of funds made available in this title or in any other military construction appropriations Act to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or for supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990.
(Sec. 124)Provides for the transfer of lapsed unobligated military construction and family housing funds into the Foreign Currency Fluctuations, Construction, Defense account.
(Sec. 126)Directs the Secretary of the Army to close Umatilla Chemical Depot, Oregon, within one year after completion of chemical demilitarization activities required under the Chemical Weapons Convention. Requires such closure and subsequent management and property disposal to be carried out in accordance with the Defense Base Closure and Realignment Act of 1990. Authorizes such Secretary to retain minimum essential ranges, facilities, and training areas there for a training enclave for reserve personnel.
(Sec. 126)Rescinds $100 million in prior-year unobligated balances for the Base Realignment and Closure Account, 1990.
(Sec. 127)Prohibits the Secretary from using appropriated funds to take beneficial occupancy of more than 2,000 parking spaces provided by the BRAC (base realignment and closure) 133 project (northern Virginia). Authorizes the waiver of such limitation upon a specified certification from the Secretary to Congress concerning the levels of existing service in and around such area.
(Sec. 128)Prohibits the use of funds:
(1) for a permanent U.S. Africa Command headquarters outside the United States until the Secretary provides to the defense and appropriations committees an analysis of all military construction costs associated with such a location; or
(2) any action that relates to or promotes the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
(Sec. 130)Prohibits the Secretary of the Army from using appropriated funds to relocate an Army unit that performs a testing mission or function not performed by any other unit and is located at an installation at which the total number of civilian Army employees and contractor personnel exceeds 10% of the total number of regular and reserve personnel assigned to the unit. Makes such prohibition inapplicable if such Secretary notifies the defense committees of compliance with Army Regulation 5-10 concerning the policy, procedures, and responsibilities for Army stationing actions.
(Sec. 131)Rescinds specified unobligated balances from:
(1) prior defense appropriations Acts, and
(2) the Department of Defense Base Closure Account 2005. Title II: Department of Veterans Affairs - Authorizes appropriations for the Department of Veterans Affairs (VA) for:
(1) the Veterans Benefits Administration,
(2) readjustment benefits,
(3) veterans insurance and indemnities,
(4) the Veterans Housing Benefit Program Fund,
(5) the Vocational Rehabilitation Loans Program,
(6) the Native American Veteran Housing Loan Program,
(7) the Veterans Health Administration (including for medical and prosthetic research and information technology systems),
(8) the National Cemetery Administration,
(9) the Office of the Inspector General,
(10) construction for major and minor projects, and
(11) grants for the construction of state extended care facilities and veterans cemeteries. Specifies restrictions and authorizations regarding the use of funds appropriated in this title.
(Sec. 210)Makes funds from this title available to reimburse expenses of the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication, within specified limits.
(Sec. 216)Authorizes the Secretary of Veterans Affairs (Secretary, for purposes of this title) to enter into agreements with certain Indian tribes and tribal organizations in rural Alaska to provide health care, including behavioral health and dental care.
(Sec. 219)Directs the Secretary to report quarterly to the appropriations committees on the financial status of the Veterans Health Administration.
(Sec. 224)Allows certain VA funds to be used to fund operations of the Captain James A. Lovell Federal Health Care Center. Requires written notification from the Secretary to the appropriations committees of any additional fund transfers for such purpose.
(Sec. 228)Directs the Secretary to report to the appropriations committees on all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount, whichever is less.
(Sec. 230)Authorizes the Secretary to disclose to a state controlled substance monitoring program information about a veteran or veteran's dependent to the extent necessary to prevent misuse and diversion of prescription medicines.
(Sec. 231)Directs the Secretary to notify the appropriations committees on a quarterly basis of any single national outreach and awareness marketing campaign in which obligations exceed $2 million.
(Sec. 232)Prohibits funds from being used to:
(1) declare as excess to VA or otherwise dispose or reduce the acreage of federal land and improvements at the St. Albans campus (New York), or
(2) enter into a contract using procedures that do not give small businesses owned and controlled by disabled veterans any available preference.
(Sec. 234)Extends through 2012 VA authority to operate a regional office in the Republic of the Philippines. Title III: Related Agencies - Appropriates funds for:
(1) the American Battle Monuments Commission,
(2) the U.S. Court of Appeals for Veterans Claims,
(3) cemeterial expenses, and
(4) the Armed Forces Retirement Home. Title IV: Overseas Contingency Operations - Appropriates funds for overseas contingency operations, specifically for military construction for the Army and Navy and Marine Corps.
(Sec. 401)Rescinds a specified amount appropriated for overseas contingency operations under the Consolidated Appropriations Act, 2010, and makes such amount available as emergency expenditures for overseas contingency operations and the global war on terrorism. Title V: General Provisions - Specifies restrictions and authorities regarding the use of funds appropriated in this Act.
(Sec. 508)Prohibits this Act's funds from being used for:
(1) a project or program named for an individual serving as a Member, Delegate,or Resident Commissioner of the U.S. Congress;
(2) maintaining or establishing a computer network unless such network blocks the viewing, downloading, and exchanging of pornography;
(3) constructing, renovating, or expanding any facility in the United States in order to house any individual detained as of June 24, 2009, at U.S. Naval Station, Guantanamo Bay, Cuba;
(4) paying for first-class travel by an agency employee in contravention of federal employee travel requirements;
(5) entering into a contract where the contractor has not complied with Executive Order 12989 (E-Verify requirements); or
(6) entering into a contract or agreement with any corporation that was convicted of a felony criminal violation within the preceding 24 months. Division I: Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 - Title I: Department of State and Related Agency - Makes FY2012 appropriations for the Department of State (Department) for:
(1) administration of foreign affairs and diplomatic and consular programs;
(2) the Capital Investment Fund;
(3) the Office of Inspector General;
(4) educational and cultural exchange programs;
(5) representation allowances;
(6) protection of foreign missions and officials;
(7) U.S. embassy security, construction, and maintenance;
(8) emergencies in the diplomatic and consular service;
(9) the repatriation loans program account;
(10) the American Institute in Taiwan;
(11) the Foreign Service Retirement and Disability Fund;
(12) international organizations, peacekeeping, and commissions;
(13) the International Boundary and Water Commission, United States and Mexico;
(14) salaries and expenses;
(15) plan preparation and construction of authorized projects;
(16) the International Joint Commission, the International Boundary Commission, United States and Canada, and the Border Environment Cooperation Commission;
(17) international fisheries commissions;
(18) international broadcasting operations and capital improvements;
(19) the Asia Foundation;
(20) the United States Institute for Peace;
(21) the Center for Middle Eastern-Western Dialogue Trust Fund;
(22) the Eisenhower Exchange Fellowships, Incorporated;
(23) the Israeli Arab Scholarship Program;
(24) the East-West Center;
(25) the National Endowment for Democracy;
(26) the Commission for Preservation of America's Heritage Abroad;
(27) the United States Commission on International Religious Freedom;
(28) the Commission on Security and Cooperation in Europe;
(29) the Congressional-Executive Commission on the People's Republic of China; and
(30) the United States-China Economic and Security Review Commission. Title II: United States Agency for International Development - Makes FY2012 appropriations for:
(1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; and
(2) operating expenses of the United States Agency for International Development (USAID), the capital investment fund, and the Office of Inspector General. Title III: Bilateral Economic Assistance - Makes FY2012 appropriations for:
(1) global health, including programs for maternal health, child survival, and HIV/AIDS control;
(2) specified development assistance;
(3) international disaster assistance;
(4) transition initiatives;
(5) complex crises;
(6) development credit authority;
(7) the Economic Support Fund;
(8) promotion of democracy;
(9) assistance for Europe, Eurasia, and Central Asia;
(10) migration and refugee assistance;
(11) the Peace Corps;
(12) the Millennium Challenge Corporation;
(13) the Inter-American Foundation;
(14) the African Development Foundation; and
(15) the Department of the Treasury for international affairs technical assistance activities and debt restructuring. Title IV: International Security Assistance - Makes FY2012 appropriations for:
(1) international narcotics control and law enforcement;
(2) nonproliferation, anti-terrorism, and demining;
(3) international peacekeeping operations;
(4) international military education and training; and
(5) foreign military financing grants. Title V: Multilateral Assistance - Makes FY2012 appropriations for:
(1) international organizations and programs,
(2) the Global Environment Facility,
(3) the International Bank for Reconstruction and Development,
(4) the International Development Association,
(5) the Clean Technology Fund,
(6) the Strategic Climate Fund,
(7) the Global Agriculture and Food Security Program,
(8) the Inter-American Development Bank and the Inter-American Investment Corporation,
(9) the Enterprise for the Americas Multilateral Investment Fund,
(10) the Asian Development Bank and the Asian Development Fund,
(11) the African Development Fund and the African Development Bank, and
(12) the International Fund for Agricultural Development. Sets forth limitations on callable capital subscriptions with respect to:
(1) the International Bank for Reconstruction and Development,
(2) the Inter-American Development Bank,
(3) the Asian Development Bank,
(4) the African Development Bank, and
(5) the European Bank for Reconstruction and Development. Title VI: Export and Investment Assistance - Makes FY2012 appropriations for:
(1) the Export-Import Bank of the United States, including the Office of Inspector General, direct and guaranteed loans, tied-aid grants, insurance programs, and administrative expenses;
(2) the Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and
(3) the Trade and Development Agency. Title VII: General Provisions - Sets forth certain limits and prohibitions on the use of appropriations for specified activities.
(Sec. 7002)Requires any federal department or agency that has funds made available to it under this Act to provide Congress with a quarterly accounting of the cumulative balances of any unobligated funds received during FY2012 or in any previous fiscal year.
(Sec. 7003)Limits the use of funds under title I of this Division for any consulting service through procurement contracts to those contracts available for public inspection.
(Sec. 7004)Sets forth restrictions on office space for federal employees with respect to U.S. diplomatic facility construction, with an exception for Marine Corps use. Limits funding sources for site acquisition and mitigation, planning, design or construction of the New London Embassy, United Kingdom.
(Sec. 7005)States that costs incurred by an agency or department funded under title I of this Division resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within such agency's or department's budgetary resources.
(Sec. 7006)Authorizes local guard contracts to be awarded on a best value basis in Iraq, Afghanistan, and Pakistan.
(Sec. 7007)Prohibits the use of funds under this Act for direct assistance or reparations to Cuba, North Korea, Iran, or Syria.
(Sec. 7008)Prohibits the use of funds under this Act for assistance to any country whose elected head of government is deposed by military coup or decree. Permits resuming assistance if a democratic government is subsequently elected to office.
(Sec. 7009)Limits certain agency, Department, and Broadcasting Board of Governors transfer authority.
(Sec. 7010)Directs the Secretary of State (Secretary) to report to Congress quarterly on fund use for foreign military financing, international military education and training, Pakistan counterinsurgency, and peacekeeping operations.
(Sec. 7011)Prohibits, with specified exceptions, appropriations under this Act from remaining available for obligation after the expiration of the current fiscal year unless expressly provided for.
(Sec. 7012)Prohibits funds under titles III through VI of this Division from being used for assistance to any country in default in excess of a year on payments on a U.S. loan unless the President determines such assistance is in the national interest.
(Sec. 7013)Prohibits funds under titles III through VI of this Division from being used for assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government.
(Sec. 7014)Authorizes specifically designated appropriations under titles II through VI of this Division to be reprogrammed for other programs within the same account subject to the appropriate congressional committees' regular notification procedures. Extends the availability of program-specific appropriations for one year if USAID reports to Congress that program termination or changed circumstances makes it unlikely that such appropriations can be obligated during the original period of availability. States that ceilings and specifically designated funding levels under this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs.
(Sec. 7015)Prohibits funds that remain available for FY2012 obligation under title I of this Division or in prior appropriations Acts from being made available for specified reprogramming purposes unless the appropriate congressional committees are notified 15 days in advance of such programming. Prohibits the use of funds under titles III through VI and VIII of this Division for Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico, Nepal, Colombia, Burma, Honduras, Yemen, Kazakhstan, Uzbekistan, the Russian Federation, Somalia, Sri Lanka, or Cambodia except through the regular notification procedures of the appropriate congressional committees.
(Sec. 7016)Requires the Department of Defense (DOD) to notify Congress prior to:
(1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or
(2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.
(Sec. 7017)States that funds appropriated under titles III through VI of this Division or in prior appropriations Acts for the Department, foreign operations, export financing, and related programs that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2013.
(Sec. 7018)Prohibits the use of specified funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 7019)Allocates funds for specified accounts.
(Sec. 7020)Prohibits the obligation of certain funds to pay for alcoholic beverages or entertainment expenses for recreational activities.
(Sec. 7021)Prohibits the provision of funds under titles III through VI of this Division to any foreign government that provides lethal military equipment (under a post-October 1, 1997 contract) to a country that supports international terrorism unless the President reports to Congress that such assistance is in the U.S. national interest. Prohibits bilateral assistance from being made to a government that:
(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism, or
(2) otherwise supports international terrorism. Authorizes the President to waive such prohibition for humanitarian or national security purposes.
(Sec. 7022)Extends, with an exception, certain authorities necessary to expend Department and foreign assistance funds.
(Sec. 7024)States that unless expressly provided to the contrary provisions authorizing or making appropriations for the Department, foreign operations, and related programs shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act, or the African Development Foundation Act.
(Sec. 7025)Prohibits funds under titles III through VI of this Division and funds available to the Export-Import Bank and OPIC from being used for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for benefits to U.S. producers). Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose any assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and such assistance will cause substantial injury to U.S. producers of a similar commodity.
(Sec. 7026)Directs USAID to require countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 7027)States that:
(1) restrictions on assistance for a country shall not be construed to restrict specified assistance for nongovernmental organizations, and
(2) nothing in this section shall be construed to alter existing prohibitions against abortion or involuntary sterilizations in this or any other Act. States that:
(1) during FY2012 restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954 (PL 480), and
(2) this section shall not apply to assistance restrictions regarding support of international terrorism and human rights violations.
(Sec. 7028)Prohibits funds under titles III through VI of this Division from being provided for:
(1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees, or
(2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 7029)Prohibits payments under title V of this Division to specified international financial institutions while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule. Directs the Secretary of the Treasury to instruct:
(1) the U.S. Executive Director of the International Monetary Fund (IMF) to oppose assistance to a Heavily Indebted Poor Country that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on health care or education, and
(2) the U.S. executive directors at international financial entities to oppose assistance that requires user fees or service charges on poor people for primary education or primary health care.
(Sec. 7030)Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under title III of this Division in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 7031)Sets forth requirements for direct government-to government assistance. Prohibits funds appropriated under titles III and IV of this Division from being made available to the central government of any country that does not meet minimum fiscal transparency standards. Makes foreign government officials and their immediate family members who have been involved in significant corruption, including corruption related to the extraction of natural resources, ineligible for U.S. entry.
(Sec. 7032)Authorizes the President to engage in certain debt buy backs or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for:
(1) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or
(2) debt buyback by an eligible country if such country uses specified amounts of local currency to support activities that link conservation with local community development and child survival and development activities. Limits such authority to funds appropriated by this Division under the heading of debt restructuring.
(Sec. 7033)Prohibits specified funds from being used to make a future year funding pledge for any multilateral or bilateral program funded in titles III through VI of this Division unless specified conditions are met.
(Sec. 7034)Allows funds appropriated under titles III and VI of this Division to be made available for:
(1) war victims,
(2) displaced children,
(3) displaced Burmese,
(4) victims of trafficking in persons and to combat such trafficking,
(5) research and training on eastern Europe and the independent states of the former Soviet Union,
(6) contingencies, and
(7) democracy promotion. Urges that certain funds should be made available for demobilization and civilian reintegration of former members of foreign terrorist organizations. Authorizes the Secretary to withhold funds under title III of this Division from any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions.
(Sec. 7035)Expresses the sense of Congress that:
(1) the Arab League boycott of Israel (reinstated in 1997), and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to regional peace and to U.S. investment and trade in the Middle East and North Africa and should be terminated; and
(2) the President should report annually to Congress on steps taken to encourage Arab League states to normalize their relations with Israel to end the boycott.
(Sec. 7036)Prohibits, with a national security interest waiver, the use of funds under titles III through VI of this Division from being used to support a Palestinian state unless the Secretary certifies to the appropriate committees that:
(1) the Palestinian governing entity has demonstrated a commitment to peaceful coexistence with Israel and is taking measures to counter terrorism, and
(2) the Palestinian Authority (PA) or a new governing entity is working to establish a lasting peace in the Middle East. Exempts from such restriction assistance to help reform the PA and affiliated institutions or a governing entity meet such assistance requirements. Expresses the sense of Congress that the newly elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights, and should enact other laws and regulations assuring transparent and accountable governance.
(Sec. 7037)Prohibits, with an exception for acquisition of additional space for the Consulate General in Jerusalem, the obligation of funds appropriated under titles III through VI of this Division to create in Jerusalem a new U.S. agency office for the purpose of conducting official U.S. business with the PA over Gaza and Jericho (or any successor Palestinian governing entity) provided for in the Israel-Palestine Liberation Organization (PLO) Declaration of Principles.
(Sec. 7038)Prohibits funds under this Act from being used to provide equipment, technical support, consulting services, or any other assistance to the Palestinian Broadcasting Corporation.
(Sec. 7039)Directs the Secretary, for FY2012, to certify to Congress prior to the initial obligation of funds for the bilateral West Bank and Gaza program that the Comptroller General will have access to necessary financial information to evaluate the uses of U.S. assistance. Directs the Secretary, prior to obligating economic support funds under this Act for the West Bank and Gaza, to take appropriate steps to ensure that such assistance is not provided to or through any individual or entity that advocates or engages in terrorist activity. Prohibits funds from being used to honor individuals who commit, or have committed, acts of terrorism. Requires and obligates funds for program audits.
(Sec. 7040)Prohibits specified assistance under this Division from being provided to the PA unless the President certifies to Congress that it is in the U.S. national interest. States that any such waiver shall:
(1) not be for more than six months at a time, and
(2) not apply beyond 12 months after enactment of this Act. Requires a report to Congress when such waiver is exercised. Prohibits appropriations under titles III through VI of this Division from being used for:
(1) assistance to the PLO; and
(2) salaries of PA personnel in Gaza or for assistance to Hamas or any Hamas-controlled or power-sharing government unless the President certifies to Congress that such government has accepted Israel's right to exist and is adhering to previous agreements with the United States, Israel, and the international community. Prohibits funds under titles III through VI of this Division from being obligated for the PLO.
(Sec. 7041)Prohibits specified funds from being made available to Egypt unless the Secretary certifies to Congress that Egypt is meeting its obligations under the 1979 Egypt-Israel Peace Treaty. Authorizes the use of specified funds for enterprise funds for Egypt, Tunisia, and Jordan. States that:
(1) it is U.S. policy to prevent Iran from producing nuclear weapons, including by supporting international diplomatic efforts to halt Iran's uranium enrichment program; and
(2) the President should fully enforce the Iran Sanctions Act of 1996 . Prohibits specified funds from being used by:
(1) the Export-Import Bank of the United States to provide new financing to any person subject to sanctions under the Iran Sanctions Act of 1996,
(2) the U.S. government for a permanent basing rights agreement with Iraq. Prohibits funds appropriated by this Act from being made available for the Lebanese Armed Forces (LAF) if LAF is controlled by a foreign terrorist organization. Makes specified military financing funds for Lebanon available only to professionalize LAF and to strengthen border security and combat terrorism. Urges that specified funds should be made available to Libya for:
(1) democracy promotion and the rule of law, and
(2) exchange programs between Libyan and American students and professionals. Requires the Secretary, prior to making specified military financing funds available to Morocco, to report to Congress on steps being taken by Morocco regarding the Western Sahara and human rights. Makes funds available to Syria to promote democracy and protect human rights. Prohibits funds under this Act from being made available for the armed forces of Yemen if such forces are controlled by a foreign terrorist organization.
(Sec. 7042)Makes funds under this Act available for Serbia after May 31, 2012, if the President certifies to Congress that the government of Serbia is cooperating with the International Criminal Tribunal for Yugoslavia (ICTY), including apprehending and transferring indictees and providing investigators access to witnesses and information.
(Sec. 7043)Makes certain military financing funds available for assistance to Rwanda or Uganda unless the Secretary has credible information that Rwanda or Uganda is providing support to armed groups in the Democratic Republic of the Congo that are involved in the illegal exportation of minerals or have violated human rights. Exempts from such restriction assistance to:
(1) prevent the illegal exportation of such minerals,
(2) protect humanitarian relief efforts,
(3) support the training of members of the Rwandan or Ugandan militaries in international peacekeeping operations, or
(4) conduct operations against the Lord's Resistance Army (LRA). Urges that specified funds should be made available for the trans-Sahara counterterrorism partnership program and the partnership for regional East Africa counterterrorism program. Authorizes specified funds to be made available for unanticipated crises in Africa. Makes specified military education and training assistance for Angola, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe available only for training related to international peacekeeping operations and expanded military education and training. Prohibits such assistance from being made to Somalia and Equitorial Guinea. Prohibits certain military financing assistance from being made to Ethiopia unless the Secretary certifies to Congress that the government of Ethiopia is:
(1) implementing policies to respect due process and freedom of expression, and
(2) permitting access to human rights and humanitarian organizations to the Somalia region of Ethiopia. Exempts from such restriction:
(1) Ethiopian military efforts in support of international peacekeeping operations,
(2) counterterrorism operations along the border with Somalia, and
(3) assistance to the Ethiopian Defense Command and Staff College. Prohibits funds under this Act from being made available toSudan. Exempts from such prohibition:
(1) humanitarian assistance;
(2) assistance for Darfur, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; and
(3) assistance to implement the Comprehensive Peace Agreement or to promote peace between Sudan and South Sudan. Authorizes assistance under this Act for South Sudan. Urges that funds under this Act should be made available for programs in areas affected by the LRA. Reaffirms support for the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL). Authorizes the use of certain funds under this Act for assistance to the central government of a country in which individuals indicted by ICTR and SCSL are alleged to be living if the Secretary reports to Congress that such government is cooperating with ICTR and SCSL. Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to vote against any loan extensions to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary reports to Congress that Zimbabwe has restored the rule of law. Prohibits funds under this Act from being made to the government of Zimbabwe, except for health, education, and macroeconomic growth assistance, unless the Secretary makes a specified determination.
(Sec. 7044)Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans. Obligates funds for nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China. Directs the Secretary of the Treasury to use U.S. influence in international financial institutions to oppose the extension of any financial assistance for Burma. Authorizes economic support assistance for Burma except that such funds shall not be made available to the State Peace and Development Council. Makes specified funds available for:
(1) programs along Burma's borders and for Burmese groups and organizations located outside Burma, and
(2) community-based organizations in Thailand to provide humanitarian assistance to internally displaced persons in eastern Burma. Makes funds under this Act for a U.S. contribution to a Khmer Rouge tribunal available only if the Secretary certifies to Congress that the United Nations (U.N.) and the government of Cambodia are taking steps to address tribunal corruption and mismanagement. Withholds specified military funds for Indonesia until the Secretary submits a specified report to Congress. Prohibits economic support assistance under this Act from being made available for energy-related assistance to North Korea. Prohibits:
(1) specified funds under this Act from being obligated or expended for export licenses of U.S. origin satellites (including commercial satellites and satellite components) to China (PRC) without prior notice to Congress; and
(2) funds under this Act from being used to finance any grant, contract, or cooperative agreement with the People's Liberation Army (PLA) or any affiliated entity. Withholds specified military funds under this Act for the Philippines until the Secretary submits a specified report to Congress. Makes specified funds available for environmental remediation and related health activities in Vietnam.
(Sec. 7045)Authorizes the use of funds under this Act for Columbia for a campaign against narcotics trafficking and foreign terrorist organizations and to protect human health and welfare in emergency circumstances. Prohibits the combat participation of U.S. military personnel or civilian contractors in connection with assistance made available by this Act for Colombia. Authorizes, and limits, aircraft and helicopter use for Columbia. Limits certain funding under this Act for aerial coca and poppy eradication in Colombia and for the Colombian armed forces until the Secretary makes certain certifications to Congress. Prohibits issuance of a visa to any alien who has:
(1) provided support to the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Self-Defense Forces of Colombia (AUC), or successor armed groups; or
(2) participated in the commission of human rights violations in Colombia. Waives such prohibition on a case-by-case basis to support the peace process in Colombia or for humanitarian reasons. Makes specified military assistance available for Guatemala. Makes the government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard. Withholds specified assistance for Honduran military and police forces until the Secretary reports to Congress that Honduras is:
(1) implementing policies to protect freedom of expression and due process of law, and
(2) investigating military and police personnel who are alleged to have violated human rights. Withholds specified assistance for Mexican military and police forces until the Secretary reports to Congress that Mexico is investigating military and police personnel who are alleged to have violated human rights. Makes specified assistance available for labor and environmental capacity building activities relating to free trade agreements with the countries of Central America, Peru, and the Dominican Republic.
(Sec. 7046)Withholds specified assistance for Afghanistan until the Secretary certifies to Congress that the government of Afghanistan is taking steps to:
(1) reduce corruption and improve governance,
(2) protect the human rights of women, and
(3) facilitate public participation in governance. Obligates funds for rule of law programs. Directs the Special Inspector General for Afghanistan Reconstruction, the Inspector General of the Department, and the Inspector General of USAID to submit to Congress a coordinated audit and inspection plan of U.S. assistance for, and civilian operations in, Afghanistan. Makes specified funds for Nepal available only if the Secretary certifies to Congress that the Nepal army is:
(1) cooperating with investigations and prosecutions of violations of human rights by civilian judicial authorities, and
(2) working to implement certain reforms. Exempts from such restriction assistance for humanitarian relief and reconstruction activities in Nepal. Withholds specified assistance for the government of Pakistan until the Secretary certifies to Congress that the government of Pakistan is:
(1) cooperating with the United States in counterterrorism efforts,
(2) not supporting terrorist activities against U.S. or coalition forces in Afghanistan,
(3) dismantling improvised explosive device (IED) networks,
(4) preventing the proliferation of nuclear-related material and expertise,
(5) issuing visas in a timely manner for U.S. visitors engaged in counterterrorism and assistance efforts, and
(6) providing humanitarian organizations access to detainees and internally displaced persons. Makes specified:
(1) military assistance to Pakistan available only to support counterterrorism and counterinsurgency capabilities in Pakistan; and
(2) economic assistance available for human rights, democracy, and government and security personnel training programs. Urges that specified economic assistance for Pakistan should be made available to:
(1) interdict precursor materials from Pakistan to Afghanistan that are used to manufacture IEDs, and
(2) encourage alternative fertilizer use among Pakistani farmers. Prohibits specified military assistance to be made, defense export licenses to be issued, and military equipment to be transferred to Sri Lanka unless the Secretary certifies to Congress that Sri Lanka is:
(1) investigating alleged war crimes and violations of humanitarian law by government forces and the Liberation Tigers of Tamil Eelam, and bringing to justice individuals guilty of such violations;
(2) cooperating with U.N. investigations;
(3) respecting due process, the rights of journalists, and the rights of citizens to peaceful expression and association;
(4) providing access to detainees by humanitarian organizations; and
(5) implementing reconciliation policies. Exempts from such restrictions assistance for humanitarian demining and aerial and maritime surveillance. Authorizes specified economic assistance to be provided to Afghanistan and Pakistan notwithstanding restrictions on assistance to foreign countries for cross border stabilization and development programs between Afghanistan and Pakistan or between either country and the Central Asian republics.
(Sec. 7047)Prohibits specified funds from being used to pay:
(1) any assessments, arrearages, or dues of any U.N. member; or
(2) the costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations.
(Sec. 7048)Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
(Sec. 7049)Withholds specified funds under titles I and V of this Division for contributions to any U.N. agency or the Organization of American States (OAS) if the Secretary reports to Congress that the agency or organization is not taking specified actions regarding whistle blower protection and transparency. Prohibits funds under title I of this Division from being used to pay expenses for any U.S. delegation to any specialized U.N. agency, body, or commission that is presided over by a country that supports international terrorism. Makes specified funds available for U.S. contributions or assessments for the United Nations Human Rights Council (UNHRC) if the Secretary reports to Congress that UNRHC participation is in the U.S. national interest.
(Sec. 7050)Authorizes the use of specified funds under titles III and IV of this Division to enhance the effectiveness and accountability of civilian police authority through human rights training and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention, police-community relations, disaster assistance, and gender-based violence.
(Sec. 7051)Prohibits specified funds from being used to send or otherwise pay for the attendance of more than 50 U.S.-stationed employees from a federal department or agency at any single conference outside the United States unless in the national interest.
(Sec. 7052)Authorizes the transfer of certain aircraft including for the transportation of active and standby Civilian Response Corps personnel and equipment. Requires that the use of Department and USAID aircraft used primarily to transport personnel shall be coordinated under the authority of the appropriate Chief of Mission.
(Sec. 7053)Withholds assistance to a foreign country in an amount equal to 110% of the total unpaid property tax and unpaid parking fines and penalties incurred from April 1, 1997-September 30, 2011, and owed by the country to the District of Columbia or New York City.
(Sec. 7054)Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes. Restricts military assistance for cluster munitions.
(Sec. 7055)Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act. Makes specified funds available for USAID assistance to private and voluntary organizations engaged in facilitating public discussion of hunger and other related issues.
(Sec. 7056)Limits the amount of funds under title II of this Division that may be used for official USAID residence expenses.
(Sec. 7057)Allocates specified funds under title III of this Division for USAID to hire up to 175 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2013. Authorizes up to four-year extensions for limited-appointment Foreign Service personnel. Authorizes specified funds under title III of this Division for the costs of persons detailed to or employed by USAID to carry out natural or man-made disaster response programs. Authorizes specified funds under this Act to be used by USAID to employ up to 40 personal services contractors in the United States for new or expanded overseas programs until permanent personnel are hired. Limits to 15 the number of such contractors that may be assigned to any bureau or office. Continues USAID authority to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Iraq, Afghanistan, or Pakistan.
(Sec. 7058)States that funds appropriated by titles III and IV of this Division for child survival activities or disease programs, including HIV/AIDS research, prevention and treatment activities, may be made available notwithstanding any other provision of law except for specified provisions. States that specified funds under title III of this Division should be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species. Withholds 10% of appropriations under this Act for the Global Fund to Fight AIDS, Tuberculosis and Malaria until the Secretary reports to Congress that the Fund is taking actions to enhance transparency and whistle blower protection. Makes specified funds available to combat a pandemic virus if the President reports to Congress that the virus is severe and is spreading internationally.
(Sec. 7059)Prohibits funds under this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the removal of foreign restrictions on the marketing of such products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.
(Sec. 7060)States that programs funded under title III of this Division shall include gender considerations in program implementation. States that funds under title III of this Division shall:
(1) be made for programs to enhance economic opportunities for poor women in developing countries,
(2) be made to increase political and governmental opportunities for women, and
(3) consider the needs of women in agriculture.
(Sec. 7061)Makes specified funds available for programs to address gender-based violence. Requires that programs funded under titles III and IV of this Division for training of foreign police, judicial, and military officials address gender-based violence.
(Sec. 7062)Obligates specified funds under title III of this Division for:
(1) basic education in developing countries; and
(2) higher education, with a set-aside for higher education in Africa. Obligates specified funds for the development grants program and environmental programs. Authorizes funds for U.S. contributions to the least developed countries fund and the special climate change fund to support adaptation programs. States that funds under title III of this Division for tropical forest programs shall be used to protect biodiversity and shall not be used to support the expansion of industrial scale logging into primary tropical forests. Makes funds under this Act available to support transparency and accountability of expenditures and revenues related to natural resource extraction. Directs the Secretary of the Treasury to inform international financial institutions, and make public, that it is U.S. policy to vote against assistance by such institutions for the extraction and export of a natural resource if the government of the country has in place laws to prevent or limit the public disclosure of specified resource extraction payments, and unless such government has in place functioning auditing and transparency systems. Directs the Secretary of the Treasury or the Secretary, as appropriate, to instruct the U.S. executive director of each international financial institution and the U.S. representatives to all forest-related multilateral financing mechanisms that it is U.S. policy to vote against the expansion of industrial scale logging into primary tropical forests. Continues Clean Technology Fund per country limitations for FY2012. Urges that specified funds should be made available for:
(1) food security and agriculture development programs, with a set-aside for collaborative research support programs;
(2) microenterprise and microfinance development programs for the poor, especially women; and
(3) an initiative to build tolerance and mutual respect among the next generation of Israeli and Palestinian leaders. Obligates specified funds for:
(1) religious, ethnic, and political reconciliation programs, with a set-aside for Middle East programs;
(2) combatting international trafficking in persons;
(3) water and sanitation supply projects pursuant to the Senator Paul Simon Water for the Poor Act of 2005; and
(4) women's leadership capacity.
(Sec. 7063)Applies specified human-rights-based conditions on assistance to the governments of Kazakhstan and Uzbekistan to appropriations under this Act, except that the Secretary may waive such conditions for Uzbekistan for six-month periods through September 30, 2013, if in the U.S. national security interest and necessary to obtain access to and from Afghanistan.
(Sec. 7064)Prohibits funds under titles III through VI of this Division from being provided to a nongovernmental organization or contractor which fails to provide documents, files, or records for USAID auditing requirements.
(Sec. 7065)Authorizes the transfer of certain funds under title III of this Division for OPIC.
(Sec. 7066)Directs the Secretary to report to Congress regarding:
(1) prison and detention facility conditions in at least 25 countries whose governments receive U.S. assistance and which the Secretary determines raise human rights or humanitarian concerns, and
(2) the extent to which these governments are taking steps to eliminate such conditions.
(Sec. 7067)Prohibits funds under this Act from being used to support or justify the use of torture, cruel, or inhumane treatment by any U.S. official or contract employee.
(Sec. 7068)Prohibits funds under this Act (other than funds for narcotics control and law enforcement, refugee assistance, or antiterrorism activities) from being used to assist the government of a country with which the United States has diplomatic relations and an extradition treaty and refuses to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without parole, or for killing a law enforcement officer. Authorizes a national security waiver of such prohibition.
(Sec. 7069)Authorizes the commercial leasing of certain defense articles (instead of the government-to-government sale) to Israel, Egypt, North Atlantic Treaty Organization (NATO) members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons.
(Sec. 7070)Prohibits, with a U.S. national interest waiver, specified funds from being made to a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union. Withholds specified funds for the Russian Federation until the President certifies to Congress that the Russian Federation:
(1) has terminated arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and
(2) is providing access to international nongovernmental organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya. Sets forth exceptions to such restriction, including assistance for public health, nonproliferation, democracy, and humanitarian activities.
(Sec. 7071)Directs the Secretary of the Treasury to:
(1) instruct the U.S. Executive Director of the International Monetary Fund (IMF) to ensure that any loan will be repaid to the IMF before other private creditors, and
(2) ensure that the IMF is implementing whistle blower best practices. Extends certain IMF transparency provisions to this Act.
(Sec. 7072)Prohibits, with a U.S. national interest waiver, specified funds under this Act from being made available to the government of the Russian Federation unless the Secretary certifies to Congress that the government of the Russian Federation:
(1) has not implemented any statute or similar government action that would discriminate against religious groups or religious communities in the Russian Federation;
(2) is honoring obligations respecting freedom of expression, assembly, press, and due process;
(3) is prosecuting law enforcement personnel who have committed human rights abuses; and
(4) is releasing detained political leaders, activists, and journalists.
(Sec. 7073)Prohibits funds under this Act from being used for first-class travel by employees of agencies funded under this Act in contravention of the Federal Travel Regulation System.
(Sec. 7074)Makes specified funds available for USAID programs for people with disabilities in developing countries.
(Sec. 7075)Requires the President to submit to Congress a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 7076)Directs the Secretary to implement necessary steps in China, Brazil, and India to reduce the wait time for visa interviews. Authorizes the Secretary to develop, subject to security concerns, a pilot program for processing tourist and business visitor visas using secure remote videoconferencing technology to conduct visa interviews.
(Sec. 7077)Authorizes USAID to award contracts in which competition is limited to local entities if doing so would result in cost savings, develop local capacity, and appreciably save time.
(Sec. 7078)Requires each department, agency, or organization funded under titles I and II of this Division, and the Department of the Treasury and independent agencies funded in title III of this Division to submit to Congress an operating plan for funds appropriated or otherwise available for obligation in FY2012. Requires the Secretary to submit to Congress a spend plan for specified countries and initiatives.
(Sec. 7079)Rescinds specified funds making appropriations for the Department of State, foreign operations, and related programs.
(Sec. 7080)Authorizes the transfer of specified military financing funds to the special defense acquisition fund.
(Sec. 7081)Amends the Bretton Woods Agreements Act to authorize the United States Governor of the International Bank for Reconstruction and Development Bank to:
(1) accept a certain amendment to the Bank's Articles of Agreement enhancing the participation of developing and transition countries, and
(2) vote in favor of increasing the Bank's capital stock. Amends the The International Finance Corporation Act to authorize the United States Governor of the International Finance Corporation to vote in favor of increasing the Corporation's capital stock. Amends the Inter-American Development Bank Act to authorize the United States Governor of the Inter-American Development Bank to vote in favor of increasing the Bank's capital stock (ninth capital increase). Amends the African Development Bank Act to authorize the United States Governor of the African Development Bank to subscribe to additional shares of the Bank's capital stock (sixth capital increase). Amends the European Bank for Reconstruction and Development Act to authorize the United States Governor of the European Bank for Reconstruction and Development to subscribe to additional callable shares of the Bank's capital stock.
(Sec. 7082)Prohibits funds under this Act from being disbursed for to the general capital increases of the International Bank for Reconstruction and Development, the African Development Bank, or the Inter-American Development Bank until the Secretary of the Treasury reports to Congress that such institution, as appropriate, is implementing specified reforms related to general capital increases.
(Sec. 7083)Amends the The International Development Association Act to authorize:
(1) The United States Governor of the International Development Association to contribute to the sixteenth replenishment of the Association, and
(2) the Secretary of the Treasury to contribute to the Association for certain debt relief. Authorizes appropriations. Amends the African Development Fund Act to authorize:
(1) the United States Governor of the African Development Fund to contribute to the twelfth replenishment of the Fund, and
(2) the Secretary of the Treasury to contribute to the Fund for certain debt relief. Authorizes appropriations.
(Sec. 7084)Authorizes specified funds to be made available for the Fund for Special Operations of the Inter-American Development Bank for debt relief to Haiti.
(Sec. 7085)Makes specified FY2012 funds available for the United Nations Population Fund (UNFPA). Prohibits funds under this Act from being used by UNFPA in China or to fund abortions.
(Sec. 7086)Prohibits specified funds from being made available for the PA if the Palestinians obtain the same standing as a U.N. member state, full U.N. membership, or any specialized agency membership outside an agreement negotiated between Israel and the Palestinians. Authorizes:
(1) the President to waive specified prohibitions under the Anti-Terrorism Act of 1987 regarding the PLO if the Palestinians have not violated such restriction, and
(2) the Secretary to waive such restriction if in the U.S. national security interest.
(Sec. 7087)States that if the executive branch makes a determination not to comply with any provision of this Act on constitutional grounds the head of the relevant federal agency shall notify Congress within five days of such determination, including the basis for such determination and any resulting program and policy changes. Title VIII: Overseas Contingency Operations/Global War on Terrorism - Appropriates additional funds to the Department for:
(1) administration and diplomatic and consular programs;
(2) conflict stabilization operations;
(3) the Office of Inspector General;
(4) educational and cultural exchange programs;
(5) embassy security, construction, and maintenance;
(6) international organizations;
(7) international broadcasting operations;
(8) the United States Institute of Peace;
(9) migration and refugee assistance;
(10) international narcotics control and law enforcement;
(11) nonproliferation, anti-terrorism, demining and related programs; and
(12) peacekeeping operations. Appropriates additional funds to USAID for:
(1) operating expenses, and
(2) the Office of Inspector General. Appropriates additional funds for bilateral assistance for:
(1) international disaster assistance,
(2) transition initiatives,
(3) the Complex Crisis Fund, and
(4) the Economic Support Fund. Appropriates additional funds to the Department of the Treasury for international affairs technical assistance. Appropriates additional funds to the President for:
(1) the foreign military financing program, and
(2) counterinsurgency assistance for Pakistan.
(Sec. 8001)States that funds appropriated in this title are in addition to amounts appropriated or otherwise made available in this Act for FY2012.
(Sec. 8002)States that additional amounts appropriated by this title to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts.
(Sec. 8003)Authorizes the transfer of specified funds under this title.
(Sec. 8004)Establishes, if authorized during FY2012, the Global Security Contingency Fund. Authorizes the transfer of specified amounts for the Fund.
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Latest Letters to Congress
H.R.2055 Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2012
November 25, 2011
I am writing as your constituent in the 14th Congressional district of Illinois. I oppose H.R.2055 - Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2012, and am tracking it using OpenCongress.org, the free public resource website for government transparency and accountability.
Our military housing is severely substandard, especially the barracks. My son came home from Afghanistan in spring of last year and was housed in condemned barracks that eventua...