[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2112 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                      November 1, 2011.
    Resolved, That the bill from the House of Representatives (H.R. 
2112) entitled ``An Act making appropriations for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert the 
      following:

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
                  ADMINISTRATION, AND RELATED AGENCIES

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 2012, and for other 
purposes, namely:

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Production, Processing and Marketing

                        Office of the Secretary

    For necessary expenses of the Office of the Secretary of 
Agriculture, $4,798,000:  Provided, That not to exceed $11,000 of this 
amount shall be available for official reception and representation 
expenses, not otherwise provided for, as determined by the Secretary.

                       Office of Tribal Relations

    For necessary expenses of the Office of Tribal Relations, $473,000, 
to support communication and consultation activities with Federally 
Recognized Tribes, as well as other requirements established by law.

                          Executive Operations

                     office of the chief economist

    For necessary expenses of the Office of the Chief Economist, 
$11,408,000.

                       national appeals division

    For necessary expenses of the National Appeals Division, 
$13,514,000.

                 office of budget and program analysis

    For necessary expenses of the Office of Budget and Program 
Analysis, $8,946,000.

         office of homeland security and emergency coordination

    For necessary expenses of the Office of Homeland Security and 
Emergency Coordination, $1,421,000.

                    Office of Advocacy and Outreach

    For necessary expenses of the Office of Advocacy and Outreach, 
$1,351,000.

                Office of the Chief Information Officer

    For necessary expenses of the Office of the Chief Information 
Officer, $36,031,000.

                 Office of the Chief Financial Officer

    For necessary expenses of the Office of the Chief Financial 
Officer, $5,935,000:  Provided, That no funds made available by this 
appropriation may be obligated for FAIR Act or Circular A-76 activities 
until the Secretary has submitted to the Committees on Appropriations 
of both Houses of Congress and the Committee on Oversight and 
Government Reform of the House of Representatives a report on the 
Department's contracting out policies, including agency budgets for 
contracting out.

           Office of the Assistant Secretary for Civil Rights

    For necessary expenses of the Office of the Assistant Secretary for 
Civil Rights, $848,000.

                         Office of Civil Rights

    For necessary expenses of the Office of Civil Rights, $21,558,000.

          Office of the Assistant Secretary for Administration

    For necessary expenses of the Office of the Assistant Secretary for 
Administration, $764,000.

        Agriculture Buildings and Facilities and Rental Payments

                     (including transfers of funds)

    For payment of space rental and related costs pursuant to Public 
Law 92-313, including authorities pursuant to the 1984 delegation of 
authority from the Administrator of General Services to the Department 
of Agriculture under 40 U.S.C. 486, for programs and activities of the 
Department which are included in this Act, and for alterations and 
other actions needed for the Department and its agencies to consolidate 
unneeded space into configurations suitable for release to the 
Administrator of General Services, and for the operation, maintenance, 
improvement, and repair of Agriculture buildings and facilities, and 
for related costs, $230,416,000, to remain available until expended, of 
which $164,470,000 shall be available for payments to the General 
Services Administration for rent; of which $13,800,000 for payment to 
the Department of Homeland Security for building security activities; 
and of which $52,146,000 for buildings operations and maintenance 
expenses:  Provided, That the Secretary may use unobligated prior year 
balances of an agency or office that are no longer available for new 
obligation to cover shortfalls incurred in prior year rental payments 
for such agency or office:  Provided further, That the Secretary is 
authorized to transfer funds from a Departmental agency to this account 
to recover the full cost of the space and security expenses of that 
agency that are funded by this account when the actual costs exceed the 
agency estimate which will be available for the activities and payments 
described herein.

                     Hazardous Materials Management

                     (including transfers of funds)

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation 
and Recovery Act (42 U.S.C. 6901 et seq.), $3,792,000, to remain 
available until expended:  Provided, That appropriations and funds 
available herein to the Department for Hazardous Materials Management 
may be transferred to any agency of the Department for its use in 
meeting all requirements pursuant to the above Acts on Federal and non-
Federal lands.

                      Departmental Administration

                     (including transfers of funds)

    For Departmental Administration, $28,165,000, to provide for 
necessary expenses for management support services to offices of the 
Department and for general administration, security, repairs and 
alterations, and other miscellaneous supplies and expenses not 
otherwise provided for and necessary for the practical and efficient 
work of the Department:  Provided, That this appropriation shall be 
reimbursed from applicable appropriations in this Act for travel 
expenses incident to the holding of hearings as required by 5 U.S.C. 
551-558:  Provided further, That $8,000,000 of the amount made 
available by this heading shall be transferred to carry out the program 
authorized under section 14 of the Watershed Protection and Flood 
Prevention Act (16 U.S.C. 1012).

     Office of the Assistant Secretary for Congressional Relations

                     (including transfers of funds)

    For necessary expenses of the Office of the Assistant Secretary for 
Congressional Relations to carry out the programs funded by this Act, 
including programs involving intergovernmental affairs and liaison 
within the executive branch, $3,676,000:  Provided, That these funds 
may be transferred to agencies of the Department of Agriculture funded 
by this Act to maintain personnel at the agency level:  Provided 
further, That no funds made available by this appropriation may be 
obligated after 30 days from the date of enactment of this Act, unless 
the Secretary has notified the Committees on Appropriations of both 
Houses of Congress on the allocation of these funds by USDA agency:  
Provided further, That no other funds appropriated to the Department by 
this Act shall be available to the Department for support of activities 
of congressional relations.

                        Office of Communications

    For necessary expenses of the Office of Communications, $8,105,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General, 
including employment pursuant to the Inspector General Act of 1978, 
$84,121,000, including such sums as may be necessary for contracting 
and other arrangements with public agencies and private persons 
pursuant to section 6(a)(9) of the Inspector General Act of 1978, and 
including not to exceed $125,000 for certain confidential operational 
expenses, including the payment of informants, to be expended under the 
direction of the Inspector General pursuant to Public Law 95-452 and 
section 1337 of Public Law 97-98.

                     Office of the General Counsel

    For necessary expenses of the Office of the General Counsel, 
$39,345,000.

  Office of the Under Secretary for Research, Education and Economics

    For necessary expenses of the Office of the Under Secretary for 
Research, Education and Economics, $848,000.

                       Economic Research Service

    For necessary expenses of the Economic Research Service, 
$77,723,000.

                National Agricultural Statistics Service

    For necessary expenses of the National Agricultural Statistics 
Service, $152,616,000, of which up to $41,639,000 shall be available 
until expended for the Census of Agriculture.

                     Agricultural Research Service

                         salaries and expenses

    For necessary expenses of the Agricultural Research Service and for 
acquisition of lands by donation, exchange, or purchase at a nominal 
cost not to exceed $100, and for land exchanges where the lands 
exchanged shall be of equal value or shall be equalized by a payment of 
money to the grantor which shall not exceed 25 percent of the total 
value of the land or interests transferred out of Federal ownership, 
$1,094,647,000:  Provided, That appropriations hereunder shall be 
available for the operation and maintenance of aircraft and the 
purchase of not to exceed one for replacement only:  Provided further, 
That appropriations hereunder shall be available pursuant to 7 U.S.C. 
2250 for the construction, alteration, and repair of buildings and 
improvements, but unless otherwise provided, the cost of constructing 
any one building shall not exceed $375,000, except for headhouses or 
greenhouses which shall each be limited to $1,200,000, and except for 
10 buildings to be constructed or improved at a cost not to exceed 
$750,000 each, and the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement 
value of the building or $375,000, whichever is greater:  Provided 
further, That the limitations on alterations contained in this Act 
shall not apply to modernization or replacement of existing facilities 
at Beltsville, Maryland:  Provided further, That appropriations 
hereunder shall be available for granting easements at the Beltsville 
Agricultural Research Center:  Provided further, That the foregoing 
limitations shall not apply to replacement of buildings needed to carry 
out the Act of April 24, 1948 (21 U.S.C. 113a):  Provided further, That 
funds may be received from any State, other political subdivision, 
organization, or individual for the purpose of establishing or 
operating any research facility or research project of the Agricultural 
Research Service, as authorized by law.

               National Institute of Food and Agriculture

                   research and education activities

    For payments to agricultural experiment stations, for cooperative 
forestry and other research, for facilities, and for other expenses, 
$709,825,000, as follows: to carry out the provisions of the Hatch Act 
of 1887 (7 U.S.C. 361a-i), $236,334,000; for grants for cooperative 
forestry research (16 U.S.C. 582a through a-7), $32,934,000; for 
payments to eligible institutions (7 U.S.C. 3222), $50,898,000, 
provided that each institution receives no less than $1,000,000; for 
special grants (7 U.S.C. 450i(c)), $4,181,000; for competitive grants 
on improved pest control (7 U.S.C. 450i(c)), $15,830,000; for 
competitive grants (7 U.S.C. 450(i)(b)), $265,987,000, to remain 
available until expended; for the support of animal health and disease 
programs (7 U.S.C. 3195), $2,944,000; for supplemental and alternative 
crops and products (7 U.S.C. 3319d), $833,000; for grants for research 
pursuant to the Critical Agricultural Materials Act (7 U.S.C. 178 et 
seq.), $1,081,000, to remain available until expended; for the 1994 
research grants program for 1994 institutions pursuant to section 536 
of Public Law 103-382 (7 U.S.C. 301 note), $1,801,000, to remain 
available until expended; for rangeland research grants (7 U.S.C. 
3333), $961,000; for higher education graduate fellowship grants (7 
U.S.C. 3152(b)(6)), $3,774,000, to remain available until expended (7 
U.S.C. 2209b); for a program pursuant to section 1415A of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3151a), $4,790,000, to remain available until expended; for 
higher education challenge grants (7 U.S.C. 3152(b)(1)), $5,530,000; 
for a higher education multicultural scholars program (7 U.S.C. 
3152(b)(5)), $1,239,000, to remain available until expended (7 U.S.C. 
2209b); for an education grants program for Hispanic-serving 
Institutions (7 U.S.C. 3241), $9,219,000; for competitive grants for 
the purpose of carrying out all provisions of 7 U.S.C. 3156 to 
individual eligible institutions or consortia of eligible institutions 
in Alaska and in Hawaii, with funds awarded equally to each of the 
States of Alaska and Hawaii, $3,194,000; for a secondary agriculture 
education program and 2-year post-secondary education, (7 U.S.C. 
3152(j)), $981,000; for aquaculture grants (7 U.S.C. 3322), $3,920,000; 
for sustainable agriculture research and education (7 U.S.C. 5811), 
$14,471,000; for a program of capacity building grants (7 U.S.C. 
3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C. 
3221 and 3222, $19,336,000, to remain available until expended (7 
U.S.C. 2209b); for capacity building grants for non-land-grant colleges 
of agriculture (7 U.S.C. 3319i), $5,000,000, to remain available until 
expended; for competitive grants for policy research (7 U.S.C. 3155), 
$4,000,000, which shall be obligated within 120 days of the enactment 
of this Act; for payments to the 1994 Institutions pursuant to section 
534(a)(1) of Public Law 103-382, $3,335,000; for resident instruction 
grants for insular areas under section 1491 of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3363), $898,000; for distance education grants for insular areas 
under section 1490 of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977 (7 U.S.C. 3362), $749,000; for a new 
era rural technology program pursuant to section 1473E of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 
U.S.C. 3319e), $856,000; for a competitive grants program for farm 
business management and benchmarking (7 U.S.C. 5925f), $1,497,000; for 
a competitive grants program regarding biobased energy (7 U.S.C. 8114), 
$2,246,000; and for necessary expenses of Research and Education 
Activities, $11,006,000, of which $2,645,000 for the Research, 
Education, and Economics Information System and $2,089,000 for the 
Electronic Grants Information System, are to remain available until 
expended.

              native american institutions endowment fund

    For the Native American Institutions Endowment Fund authorized by 
Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain 
available until expended.

 Hispanic-Serving Agricultural Colleges and Universities Endowment Fund

    For the Hispanic-Serving Agricultural Colleges and Universities 
Endowment Fund under section 1456 (7 U.S.C. 3243) of the National 
Agricultural Research, Extension, and Teaching Policy Act of 1977, 
$10,000,000, to remain available until expended.

                          extension activities

    For payments to States, the District of Columbia, Puerto Rico, 
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and 
American Samoa, $478,179,000, as follows: payments for cooperative 
extension work under the Smith-Lever Act, to be distributed under 
sections 3(b) and 3(c) of said Act, and under section 208(c) of Public 
Law 93-471, for retirement and employees' compensation costs for 
extension agents, $295,800,000; payments for extension work at the 1994 
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), 
$4,312,000; payments for the nutrition and family education program for 
low-income areas under section 3(d) of the Act, $67,934,000; payments 
for the pest management program under section 3(d) of the Act, 
$9,918,000; payments for the farm safety program under section 3(d) of 
the Act, $4,610,000; payments for New Technologies for Ag Extension 
under section 3(d) of the Act, $1,660,000; payments to upgrade 
research, extension, and teaching facilities at institutions eligible 
to receive funds under 7 U.S.C. 3221 and 3222, $19,730,000, to remain 
available until expended; payments for youth-at-risk programs under 
section 3(d) of the Smith-Lever Act, $7,975,000; for youth farm safety 
education and certification extension grants, to be awarded 
competitively under section 3(d) of the Act, $461,000; payments for 
carrying out the provisions of the Renewable Resources Extension Act of 
1978 (16 U.S.C. 1671 et seq.), $3,929,000; payments for the federally 
recognized Tribes Extension Program under section 3(d) of the Smith-
Lever Act, $3,039,000; payments for sustainable agriculture programs 
under section 3(d) of the Act, $4,696,000; payments for rural health 
and safety education as authorized by section 502(i) of Public Law 92-
419 (7 U.S.C. 2662(i)), $1,735,000; payments for cooperative extension 
work by eligible institutions (7 U.S.C. 3221), $42,592,000, provided 
that each institution receives no less than $1,000,000; payments to 
carry out the food animal residue avoidance database program as 
authorized by 7 U.S.C. 7642, $1,000,000; payments to carry out section 
1672(e)(49) of the Food, Agriculture, Conservation, and Trade Act of 
1990 (7 U.S.C. 5925), as amended, $400,000; and for necessary expenses 
of Extension Activities, $8,388,000.

                         integrated activities

    For the integrated research, education, and extension grants 
programs, including necessary administrative expenses, $25,948,000, as 
follows: for competitive grants programs authorized under section 406 
of the Agricultural Research, Extension, and Education Reform Act of 
1998 (7 U.S.C. 7626), $17,964,000, including $8,982,000 for the water 
quality program, $2,994,000 for regional pest management centers, 
$1,996,000 for the methyl bromide transition program, and $3,992,000 
for the organic transition program; for a competitive international 
science and education grants program authorized under section 1459A of 
the National Agricultural Research, Extension, and Teaching Policy Act 
of 1977 (7 U.S.C. 3292b), to remain available until expended, $998,000; 
$998,000 for the regional rural development centers program; and 
$5,988,000 for the Food and Agriculture Defense Initiative authorized 
under section 1484 of the National Agricultural Research, Extension, 
and Teaching Policy Act of 1977, to remain available until September 
30, 2013.

  Office of the Under Secretary for Marketing and Regulatory Programs

    For necessary expenses of the Office of the Under Secretary for 
Marketing and Regulatory Programs, $848,000.

               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Animal and Plant Health Inspection 
Service, including up to $30,000 for representation allowances and for 
expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), 
$820,110,000, of which $1,000,000, to be available until expended, 
shall be available for the control of outbreaks of insects, plant 
diseases, animal diseases and for control of pest animals and birds 
(``contingency fund'') to the extent necessary to meet emergency 
conditions; of which $17,848,000, to remain available until expended, 
shall be used for the cotton pests program for cost share purposes or 
for debt retirement for active eradication zones; of which $7,000,000, 
to remain available until expended, shall be for Animal Disease 
Traceability; of which $891,000 shall be for activities under the 
authority of the Horse Protection Act of 1970, as amended (15 U.S.C. 
1831); of which $48,733,000, to remain available until expended, shall 
be used to support avian health; of which $4,474,000, to remain 
available until expended, shall be for information technology 
infrastructure; of which $153,950,000, to remain available until 
expended, shall be for specialty crop pests; of which $9,068,000, to 
remain available until expended, shall be for field crop and rangeland 
ecosystem pests; of which $58,962,000, to remain available until 
expended, shall be for tree and wood pests; of which $3,568,000, to 
remain available until expended, shall be for the National Veterinary 
Stockpile; of which up to $1,500,000, to remain available until 
expended, shall be for the scrapie program for indemnities; of which 
$1,000,000, to remain available until expended, shall be for wildlife 
services methods development; of which $1,500,000, to remain available 
until expended, shall be for the wildlife services damage management 
program for aviation safety; and of which $5,000,000, to remain 
available until expended, shall be for the screwworm program:  Provided 
further, That no funds shall be used to formulate or administer a 
brucellosis eradication program for the current fiscal year that does 
not require minimum matching by the States of at least 40 percent:  
Provided further, That this appropriation shall be available for the 
operation and maintenance of aircraft and the purchase of not to exceed 
four, of which two shall be for replacement only:  Provided further, 
That, in addition, in emergencies which threaten any segment of the 
agricultural production industry of this country, the Secretary may 
transfer from other appropriations or funds available to the agencies 
or corporations of the Department such sums as may be deemed necessary, 
to be available only in such emergencies for the arrest and eradication 
of contagious or infectious disease or pests of animals, poultry, or 
plants, and for expenses in accordance with sections 10411 and 10417 of 
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 
any unexpended balances of funds transferred for such emergency 
purposes in the preceding fiscal year shall be merged with such 
transferred amounts:  Provided further, That appropriations hereunder 
shall be available pursuant to law (7 U.S.C. 2250) for the repair and 
alteration of leased buildings and improvements, but unless otherwise 
provided the cost of altering any one building during the fiscal year 
shall not exceed 10 percent of the current replacement value of the 
building.
    In fiscal year 2012, the agency is authorized to collect fees to 
cover the total costs of providing technical assistance, goods, or 
services requested by States, other political subdivisions, domestic 
and international organizations, foreign governments, or individuals, 
provided that such fees are structured such that any entity's liability 
for such fees is reasonably based on the technical assistance, goods, 
or services provided to the entity by the agency, and such fees shall 
be reimbursed to this account, to remain available until expended, 
without further appropriation, for providing such assistance, goods, or 
services.

                        buildings and facilities

    For plans, construction, repair, preventive maintenance, 
environmental support, improvement, extension, alteration, and purchase 
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and 
acquisition of land as authorized by 7 U.S.C. 428a, $3,176,000, to 
remain available until expended.

                     Agricultural Marketing Service

                           marketing services

    For necessary expenses of the Agricultural Marketing Service, 
$82,211,000:  Provided, That this appropriation shall be available 
pursuant to law (7 U.S.C. 2250) for the alteration and repair of 
buildings and improvements, but the cost of altering any one building 
during the fiscal year shall not exceed 10 percent of the current 
replacement value of the building.
    Fees may be collected for the cost of standardization activities, 
as established by regulation pursuant to law (31 U.S.C. 9701).

                 limitation on administrative expenses

    Not to exceed $62,101,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses:  Provided, 
That if crop size is understated and/or other uncontrollable events 
occur, the agency may exceed this limitation by up to 10 percent with 
notification to the Committees on Appropriations of both Houses of 
Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

    Funds available under section 32 of the Act of August 24, 1935 (7 
U.S.C. 612c), shall be used only for commodity program expenses as 
authorized therein, and other related operating expenses, except for: 
(1) transfers to the Department of Commerce as authorized by the Fish 
and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in 
this Act; and (3) not more than $20,056,000 for formulation and 
administration of marketing agreements and orders pursuant to the 
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act 
of 1961.

                   payments to states and possessions

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), 
$1,198,000.

        Grain Inspection, Packers and Stockyards Administration

                         salaries and expenses

    For necessary expenses of the Grain Inspection, Packers and 
Stockyards Administration, $38,248,000:  Provided, That this 
appropriation shall be available pursuant to law (7 U.S.C. 2250) for 
the alteration and repair of buildings and improvements, but the cost 
of altering any one building during the fiscal year shall not exceed 10 
percent of the current replacement value of the building.

        Limitation on Inspection and Weighing Services Expenses

    Not to exceed $50,000,000 (from fees collected) shall be obligated 
during the current fiscal year for inspection and weighing services:  
Provided, That if grain export activities require additional 
supervision and oversight, or other uncontrollable factors occur, this 
limitation may be exceeded by up to 10 percent with notification to the 
Committees on Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

    For necessary expenses of the Office of the Under Secretary for 
Food Safety, $770,000.

                   Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the 
Federal Meat Inspection Act, the Poultry Products Inspection Act, and 
the Egg Products Inspection Act, including not to exceed $50,000 for 
representation allowances and for expenses pursuant to section 8 of the 
Act approved August 3, 1956 (7 U.S.C. 1766), $1,006,503,000; and in 
addition, $1,000,000 may be credited to this account from fees 
collected for the cost of laboratory accreditation as authorized by 
section 1327 of the Food, Agriculture, Conservation and Trade Act of 
1990 (7 U.S.C. 138f):  Provided, That funds provided for the Public 
Health Data Communication Infrastructure system shall remain available 
until expended:  Provided further, That no fewer than 148 full-time 
equivalent positions shall be employed during fiscal year 2012 for 
purposes dedicated solely to inspections and enforcement related to the 
Humane Methods of Slaughter Act:  Provided further, That the Food 
Safety and Inspection Service shall continue implementation of section 
11016 of Public Law 110-246:  Provided further, That this appropriation 
shall be available pursuant to law (7 U.S.C. 2250) for the alteration 
and repair of buildings and improvements, but the cost of altering any 
one building during the fiscal year shall not exceed 10 percent of the 
current replacement value of the building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

    For necessary expenses of the Office of the Under Secretary for 
Farm and Foreign Agricultural Services, $848,000.

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Farm Service Agency, $1,181,781,000:  
Provided, That the Secretary is authorized to use the services, 
facilities, and authorities (but not the funds) of the Commodity Credit 
Corporation to make program payments for all programs administered by 
the Agency:  Provided further, That other funds made available to the 
Agency for authorized activities may be advanced to and merged with 
this account:  Provided further, That funds made available to county 
committees shall remain available until expended.

                         state mediation grants

    For grants pursuant to section 502(b) of the Agricultural Credit 
Act of 1987, as amended (7 U.S.C. 5101-5106), $3,759,000.

               grassroots source water protection program

    For necessary expenses to carry out wellhead or groundwater 
protection activities under section 1240O of the Food Security Act of 
1985 (16 U.S.C. 3839bb-2), $3,817,000, to remain available until 
expended.

                        dairy indemnity program

                     (including transfer of funds)

    For necessary expenses involved in making indemnity payments to 
dairy farmers and manufacturers of dairy products under a dairy 
indemnity program, such sums as may be necessary, to remain available 
until expended:  Provided, That such program is carried out by the 
Secretary in the same manner as the dairy indemnity program described 
in the Agriculture, Rural Development, Food and Drug Administration, 
and Related Agencies Appropriations Act, 2001 (Public Law 106-387, 114 
Stat. 1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed conservation 
loans (7 U.S.C. 1924 et seq.), and Indian highly fractionated land 
loans (25 U.S.C. 488), to be available from funds in the Agricultural 
Credit Insurance Fund, as follows: farm ownership loans, 
$1,975,000,000, of which $1,500,000,000 shall be for unsubsidized 
guaranteed loans and $475,000,000 shall be for direct loans; operating 
loans, $2,519,982,000, of which $1,500,000,000 shall be for 
unsubsidized guaranteed loans, and $1,019,982,000 shall be for direct 
loans; Indian tribe land acquisition loans, $2,000,000; guaranteed 
conservation loans, $150,000,000; Indian highly fractionated land 
loans, $10,000,000; and for boll weevil eradication program loans, 
$100,000,000:  Provided, That the Secretary shall deem the pink 
bollworm to be a boll weevil for the purpose of boll weevil eradication 
program loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: direct farm ownership loans, $22,800,000; 
operating loans, $83,525,000, of which $26,100,000 shall be for 
unsubsidized guaranteed loans, and $57,425,000 shall be for direct 
loans; and Indian highly fractionated land loans, $193,000.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $297,237,000, of which 
$289,728,000 shall be transferred to and merged with the appropriation 
for ``Farm Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Fund Program Account for farm ownership, operating and conservation 
direct loans and guaranteed loans may be transferred among these 
programs:  Provided, That the Committees on Appropriations of both 
Houses of Congress are notified at least 15 days in advance of any 
transfer.

                         Risk Management Agency

    For necessary expenses of the Risk Management Agency, $74,900,000:  
Provided, That the funds made available under section 522(e) of the 
Federal Crop Insurance Act (7 U.S.C. 1522(e)) may be used for the 
Common Information Management System:  Provided further, That not to 
exceed $1,000 shall be available for official reception and 
representation expenses, as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

    The following corporations and agencies are hereby authorized to 
make expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accord with law, 
and to make contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of the Government Corporation 
Control Act as may be necessary in carrying out the programs set forth 
in the budget for the current fiscal year for such corporation or 
agency, except as hereinafter provided.

                Federal Crop Insurance Corporation Fund

    For payments as authorized by section 516 of the Federal Crop 
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain 
available until expended.

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses

                     (including transfers of funds)

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11):  Provided, That of the 
funds available to the Commodity Credit Corporation under section 11 of 
the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.

                       hazardous waste management

                        (limitation on expenses)

    For the current fiscal year, the Commodity Credit Corporation shall 
not expend more than $5,000,000 for site investigation and cleanup 
expenses, and operations and maintenance expenses to comply with the 
requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

    For necessary expenses of the Office of the Under Secretary for 
Natural Resources and Environment, $848,000.

                 Natural Resources Conservation Service

                        conservation operations

    For necessary expenses for carrying out the provisions of the Act 
of April 27, 1935 (16 U.S.C. 590a-f), including preparation of 
conservation plans and establishment of measures to conserve soil and 
water (including farm irrigation and land drainage and such special 
measures for soil and water management as may be necessary to prevent 
floods and the siltation of reservoirs and to control agricultural 
related pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$828,159,000, to remain available until September 30, 2013:  Provided, 
That appropriations hereunder shall be available pursuant to 7 U.S.C. 
2250 for construction and improvement of buildings and public 
improvements at plant materials centers, except that the cost of 
alterations and improvements to other buildings and other public 
improvements shall not exceed $250,000:  Provided further, That when 
buildings or other structures are erected on non-Federal land, that the 
right to use such land is obtained as provided in 7 U.S.C. 2250a.

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

    For necessary expenses of the Office of the Under Secretary for 
Rural Development, $848,000.

                Rural Development Salaries and Expenses

                     (including transfers of funds)

    For necessary expenses for carrying out the administration and 
implementation of programs in the Rural Development mission area, 
including activities with institutions concerning the development and 
operation of agricultural cooperatives; and for cooperative agreements; 
$182,023,000:  Provided, That notwithstanding any other provision of 
law, funds appropriated under this section may be used for advertising 
and promotional activities that support the Rural Development mission 
area:  Provided further, That not more than $5,000 may be expended to 
provide modest nonmonetary awards to non-USDA employees:  Provided 
further, That any balances available from prior years for the Rural 
Utilities Service, Rural Housing Service, and the Rural Business--
Cooperative Service salaries and expenses accounts shall be transferred 
to and merged with this appropriation.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, 
to be available from funds in the rural housing insurance fund, as 
follows: $24,900,000,000 for loans to section 502 borrowers, of which 
$900,000,000 shall be for direct loans, and of which $24,000,000,000 
shall be for unsubsidized guaranteed loans; $10,000,000 for section 504 
housing repair loans; $64,478,000 for section 515 rental housing; 
$130,000,000 for section 538 guaranteed multi-family housing loans; 
$10,000,000 for credit sales of single family housing acquired 
property; and $5,000,000 for section 523 self-help housing land 
development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans, $42,570,000 shall be for 
direct loans; section 504 housing repair loans, $1,421,000; and repair, 
rehabilitation, and new construction of section 515 rental housing, 
$22,000,000:  Provided, That hereafter, the Secretary may charge a 
guarantee fee of up to 4 percent on section 502 guaranteed loans:  
Provided further, That to support the loan program level for section 
538 guaranteed loans made available under this heading the Secretary 
may charge or adjust any fees to cover the projected cost of such loan 
guarantees pursuant to the provisions of the Credit Reform Act of 1990 
(2 U.S.C. 661 et seq.), and the interest on such loans may not be 
subsidized:  Provided further, That of the total amount appropriated in 
this paragraph, the amount equal to the amount of Rural Housing 
Insurance Fund Program Account funds allocated by the Secretary for 
Rural Economic Area Partnership Zones for the fiscal year 2011, shall 
be available through June 30, 2012, for communities designated by the 
Secretary of Agriculture as Rural Economic Area Partnership Zones:  
Provided further, That any balances for a demonstration program for the 
preservation and revitalization of the section 515 multi-family rental 
housing properties as authorized by Public Law 109-97, Public Law 110-
5, and Public Law 111-80 shall be transferred to and merged with the 
``Rural Housing Service, Multi-family Housing Revitalization Program 
Account''.
    In addition, for the cost of direct loans, grants, and contracts, 
as authorized by 42 U.S.C. 1484 and 1486, $16,000,000, to remain 
available until expended, for direct farm labor housing loans and 
domestic farm labor housing grants and contracts:  Provided, That any 
balances available for the Farm Labor Program Account shall be 
transferred and merged with this account.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $430,800,000 shall be transferred 
to and merged with the appropriation for ``Rural Development, Salaries 
and Expenses''.

                       rental assistance program

    For rental assistance agreements entered into or renewed pursuant 
to the authority under section 521(a)(2) or agreements entered into in 
lieu of debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Housing Act of 1949, 
$904,653,000; and, in addition, such sums as may be necessary, as 
authorized by section 521(c) of the Act, to liquidate debt incurred 
prior to fiscal year 1992 to carry out the rental assistance program 
under section 521(a)(2) of the Act:  Provided, That of this amount not 
less than $2,000,000 is available for newly constructed units financed 
by section 515 of the Housing Act of 1949, and not less than $2,000,000 
is for newly constructed units financed under sections 514 and 516 of 
the Housing Act of 1949:  Provided further, That rental assistance 
agreements entered into or renewed during the current fiscal year shall 
be funded for a 1-year period:  Provided further, That any unexpended 
balances remaining at the end of such 1-year agreements may be 
transferred and used for the purposes of any debt reduction; 
maintenance, repair, or rehabilitation of any existing projects; 
preservation; and rental assistance activities authorized under title V 
of the Act:  Provided further, That rental assistance provided under 
agreements entered into prior to fiscal year 2012 for a farm labor 
multi-family housing project financed under section 514 or 516 of the 
Act may not be recaptured for use in another project until such 
assistance has remained unused for a period of 12 consecutive months, 
if such project has a waiting list of tenants seeking such assistance 
or the project has rental assistance eligible tenants who are not 
receiving such assistance:  Provided further, That such recaptured 
rental assistance shall, to the extent practicable, be applied to 
another farm labor multifamily housing project financed under section 
514 or 516 of the Act.

          multi-family housing revitalization program account

    For the rural housing voucher program as authorized under section 
542 of the Housing Act of 1949, but notwithstanding subsection (b) of 
such section, and for additional costs to conduct a demonstration 
program for the preservation and revitalization of multi-family rental 
housing properties described in this paragraph, $13,000,000, to remain 
available until expended:  Provided, That of the funds made available 
under this heading, $11,000,000, shall be available for rural housing 
vouchers to any low-income household (including those not receiving 
rental assistance) residing in a property financed with a section 515 
loan which has been prepaid after September 30, 2005:  Provided 
further, That the amount of such voucher shall be the difference 
between comparable market rent for the section 515 unit and the tenant 
paid rent for such unit:  Provided further, That funds made available 
for such vouchers shall be subject to the availability of annual 
appropriations:  Provided further, That the Secretary shall, to the 
maximum extent practicable, administer such vouchers with current 
regulations and administrative guidance applicable to section 8 housing 
vouchers administered by the Secretary of the Department of Housing and 
Urban Development:  Provided further, That if the Secretary determines 
that the amount made available for vouchers in this or any other Act is 
not needed for vouchers, the Secretary may use such funds for the 
demonstration program for the preservation and revitalization of multi-
family rental housing properties described in this paragraph:  Provided 
further, That of the funds made available under this heading, 
$2,000,000 shall be available for a demonstration program for the 
preservation and revitalization of the sections 514, 515, and 516 
multi-family rental housing properties to restructure existing USDA 
multi-family housing loans, as the Secretary deems appropriate, 
expressly for the purposes of ensuring the project has sufficient 
resources to preserve the project for the purpose of providing safe and 
affordable housing for low-income residents and farm laborers including 
reducing or eliminating interest; deferring loan payments, 
subordinating, reducing or reamortizing loan debt; and other financial 
assistance including advances, payments and incentives (including the 
ability of owners to obtain reasonable returns on investment) required 
by the Secretary:  Provided further, That the Secretary shall as part 
of the preservation and revitalization agreement obtain a restrictive 
use agreement consistent with the terms of the restructuring:  Provided 
further, That if the Secretary determines that additional funds for 
vouchers described in this paragraph are needed, funds for the 
preservation and revitalization demonstration program may be used for 
such vouchers:  Provided further, That if Congress enacts legislation 
to permanently authorize a multi-family rental housing loan 
restructuring program similar to the demonstration program described 
herein, the Secretary may use funds made available for the 
demonstration program under this heading to carry out such legislation 
with the prior approval of the Committees on Appropriations of both 
Houses of Congress:  Provided further, That in addition to any other 
available funds, the Secretary may expend not more than $1,000,000 
total, from the program funds made available under this heading, for 
administrative expenses for activities funded under this heading.

                  mutual and self-help housing grants

    For grants and contracts pursuant to section 523(b)(1)(A) of the 
Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available 
until expended:  Provided, That of the total amount appropriated under 
this heading, the amount equal to the amount of Mutual and Self- Help 
Housing Grants allocated by the Secretary for Rural Economic Area 
Partnership Zones for the fiscal year 2011, shall be available through 
June 30, 2012, for communities designated by the Secretary of 
Agriculture as Rural Economic Area Partnership Zones.

                    rural housing assistance grants

                     (including transfer of funds)

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$34,271,000, to remain available until expended:  Provided, That of the 
total amount appropriated under this heading, the amount equal to the 
amount of Rural Housing Assistance Grants allocated by the Secretary 
for Rural Economic Area Partnership Zones for the fiscal year 2011, 
shall be available through June 30, 2012, for communities designated by 
the Secretary of Agriculture as Rural Economic Area Partnership Zones:  
Provided further, That any balances to carry out a housing 
demonstration program to provide revolving loans for the preservation 
of low-income multi-family housing projects as authorized in Public Law 
108-447 and Public Law 109-97 shall be transferred to and merged with 
the ``Rural Housing Service, Multi-family Housing Revitalization 
Program Account''.

               rural community facilities program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct loans as 
authorized by section 306 and described in section 381E(d)(1) of the 
Consolidated Farm and Rural Development Act, $1,300,000,000.
    For the cost of grants for rural community facilities programs as 
authorized by section 306 and described in section 381E(d)(1) of the 
Consolidated Farm and Rural Development Act, $26,274,000, to remain 
available until expended:  Provided, That $4,242,000 of the amount 
appropriated under this heading shall be available for a Rural 
Community Development Initiative:  Provided further, That such funds 
shall be used solely to develop the capacity and ability of private, 
nonprofit community-based housing and community development 
organizations, low-income rural communities, and Federally Recognized 
Native American Tribes to undertake projects to improve housing, 
community facilities, community and economic development projects in 
rural areas:  Provided further, That such funds shall be made available 
to qualified private, nonprofit and public intermediary organizations 
proposing to carry out a program of financial and technical assistance: 
 Provided further, That such intermediary organizations shall provide 
matching funds from other sources, including Federal funds for related 
activities, in an amount not less than funds provided:  Provided 
further, That $5,938,000 of the amount appropriated under this heading 
shall be to provide grants for facilities in rural communities with 
extreme unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity building in 
the State rural development offices:  Provided further, That $3,369,000 
of the amount appropriated under this heading shall be available for 
community facilities grants to tribal colleges, as authorized by 
section 306(a)(19) of such Act:  Provided further, That of the amount 
appropriated under this heading, the amount equal to the amount of 
Rural Community Facilities Program Account funds allocated by the 
Secretary for Rural Economic Area Partnership Zones for the fiscal year 
2011, shall be available through June 30, 2012, for communities 
designated by the Secretary of Agriculture as Rural Economic Area 
Partnership Zones for the rural community programs described in section 
381E(d)(1) of the Consolidated Farm and Rural Development Act:  
Provided further, That sections 381E-H and 381N of the Consolidated 
Farm and Rural Development Act are not applicable to the funds made 
available under this heading:  Provided further, That any prior 
balances in the Rural Development, Rural Community Advancement Program 
account for programs authorized by section 306 and described in section 
381E(d)(1) of such Act be transferred and merged with this account and 
any other prior balances from the Rural Development, Rural Community 
Advancement Program account that the Secretary determines is 
appropriate to transfer.

                  Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural business 
development programs authorized by sections 306 and 310B and described 
in sections 310B(f) and 381E(d)(3) of the Consolidated Farm and Rural 
Development Act, $79,665,000, to remain available until expended:  
Provided, That of the amount appropriated under this heading, not to 
exceed $475,000 shall be made available for a grant to a qualified 
national organization to provide technical assistance for rural 
transportation in order to promote economic development and $2,900,000 
shall be for grants to the Delta Regional Authority (7 U.S.C. 2009aa et 
seq.) for any Rural Community Advancement Program purpose as described 
in section 381E(d) of the Consolidated Farm and Rural Development Act, 
of which not more than 5 percent may be used for administrative 
expenses:  Provided further, That $4,000,000 of the amount appropriated 
under this heading shall be for business grants to benefit Federally 
Recognized Native American Tribes, including $250,000 for a grant to a 
qualified national organization to provide technical assistance for 
rural transportation in order to promote economic development:  
Provided further, That of the amount appropriated under this heading, 
the amount equal to the amount of Rural Business Program Account funds 
allocated by the Secretary for Rural Economic Area Partnership Zones 
for the fiscal year 2011, shall be available through June 30, 2012, for 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural business and cooperative 
development programs described in section 381E(d)(3) of the 
Consolidated Farm and Rural Development Act:  Provided further, That 
sections 381E-H and 381N of the Consolidated Farm and Rural Development 
Act are not applicable to funds made available under this heading:  
Provided further, That any prior balances in the Rural Development, 
Rural Community Advancement Program account for programs authorized by 
sections 306 and 310B and described in sections 310B(f) and 381E(d)(3) 
of such Act be transferred and merged with this account and any other 
prior balances from the Rural Development, Rural Community Advancement 
Program account that the Secretary determines is appropriate to 
transfer.

              rural development loan fund program account

                     (including transfer of funds)

    For the principal amount of direct loans, as authorized by the 
Rural Development Loan Fund (42 U.S.C. 9812(a)), $20,661,000. For the 
cost of direct loans, $7,000,000, as authorized by the Rural 
Development Loan Fund (42 U.S.C. 9812(a)), of which $1,000,000 shall be 
available through June 30, 2012, for Federally Recognized Native 
American Tribes and of which $2,000,000 shall be available through June 
30, 2012, for Mississippi Delta Region counties (as determined in 
accordance with Public Law 100-460):  Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974:  Provided further, 
That of the total amount appropriated under this heading, the amount 
equal to the amount of Rural Development Loan Fund Program Account 
funds allocated by the Secretary for Rural Economic Area Partnership 
Zones for the fiscal year 2011, shall be available through June 30, 
2012, for communities designated by the Secretary of Agriculture as 
Rural Economic Area Partnership Zones.
    In addition, for administrative expenses to carry out the direct 
loan programs, $4,684,000 shall be transferred to and merged with the 
appropriation for ``Rural Development, Salaries and Expenses''.

            rural economic development loans program account

                    (including rescission of funds)

    For the principal amount of direct loans, as authorized under 
section 313 of the Rural Electrification Act, for the purpose of 
promoting rural economic development and job creation projects, 
$33,077,000.
    Of the funds derived from interest on the cushion of credit 
payments, as authorized by section 313 of the Rural Electrification Act 
of 1936, $155,000,000 shall not be obligated and $155,000,000 are 
rescinded.

                  rural cooperative development grants

    For rural cooperative development grants authorized under section 
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
1932), $27,915,000, of which $2,250,000 shall be for cooperative 
agreements for the appropriate technology transfer for rural areas 
program:  Provided, That not to exceed $2,938,000 shall be for grants 
for cooperative development centers, individual cooperatives, or groups 
of cooperatives that serve socially disadvantaged groups and a majority 
of the boards of directors or governing boards of which are comprised 
of individuals who are members of socially disadvantaged groups; and of 
which $16,005,000, to remain available until expended, shall be for 
value-added agricultural product market development grants, as 
authorized by section 231 of the Agricultural Risk Protection Act of 
2000 (7 U.S.C. 1621 note).

                    rural energy for america program

    For the cost of a program of loan guarantees and grants, under the 
same terms and conditions as authorized by section 9007 of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $4,500,000:  
Provided, That the cost of loan guarantees, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

                        Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

    For the cost of direct loans, loan guarantees, and grants for the 
rural water, waste water, waste disposal, and solid waste management 
programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B 
and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the 
Consolidated Farm and Rural Development Act, $509,295,000, to remain 
available until expended, of which not to exceed $422,000 shall be 
available for the rural utilities program described in section 
306(a)(2)(B) of such Act, and of which not to exceed $844,000 shall be 
available for the rural utilities program described in section 306E of 
such Act:  Provided, That $67,200,000 of the amount appropriated under 
this heading shall be for loans and grants including water and waste 
disposal systems grants authorized by 306C(a)(2)(B) and 306D of the 
Consolidated Farm and Rural Development Act, Federally recognized 
Native American Tribes authorized by 306C(a)(1), and the Department of 
Hawaiian Home Lands (of the State of Hawaii):  Provided further, That 
funding provided for section 306D of the Consolidated Farm and Rural 
Development Act may be provided to a consortium formed pursuant to 
section 325 of Public Law 105-83:  Provided further, That not more than 
2 percent of the funding provided for section 306D of the Consolidated 
Farm and Rural Development Act may be used by the State of Alaska for 
training and technical assistance programs and not more than 2 percent 
of the funding provided for section 306D of the Consolidated Farm and 
Rural Development Act may be used by a consortium formed pursuant to 
section 325 of Public Law 105-83 for training and technical assistance 
programs:  Provided further, That not to exceed $19,000,000 of the 
amount appropriated under this heading shall be for technical 
assistance grants for rural water and waste systems pursuant to section 
306(a)(14) of such Act, unless the Secretary makes a determination of 
extreme need, of which $5,750,000 shall be made available for a grant 
to a qualified non-profit multi-state regional technical assistance 
organization, with experience in working with small communities on 
water and waste water problems, the principal purpose of such grant 
shall be to assist rural communities with populations of 3,300 or less, 
in improving the planning, financing, development, operation, and 
management of water and waste water systems, and of which not less than 
$800,000 shall be for a qualified national Native American organization 
to provide technical assistance for rural water systems for tribal 
communities:  Provided further, That not to exceed $15,000,000 of the 
amount appropriated under this heading shall be for contracting with 
qualified national organizations for a circuit rider program to provide 
technical assistance for rural water systems:  Provided further, That 
of the amount appropriated under this heading, the amount equal to the 
amount of Rural Water and Waste Disposal Program Account funds 
allocated by the Secretary for Rural Economic Area Partnership Zones 
for the fiscal year 2011, shall be available through June 30, 2012, for 
communities designated by the Secretary of Agriculture as Rural 
Economic Area Partnership Zones for the rural utilities programs 
described in section 381E(d)(2) of the Consolidated Farm and Rural 
Development Act:  Provided further, That $10,000,000 of the amount 
appropriated under this heading shall be transferred to, and merged 
with, the Rural Utilities Service, High Energy Cost Grants Account to 
provide grants authorized under section 19 of the Rural Electrification 
Act of 1936 (7 U.S.C. 918a):  Provided further, That any prior year 
balances for high cost energy grants authorized by section 19 of the 
Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred 
to and merged with the Rural Utilities Service, High Energy Costs 
Grants Account:  Provided further, That sections 381E-H and 381N of the 
Consolidated Farm and Rural Development Act are not applicable to the 
funds made available under this heading:  Provided further, That any 
prior balances in the Rural Development, Rural Community Advancement 
Program account programs authorized by sections 306, 306A, 306C, 306D, 
306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 
381E(d)(2) of such Act be transferred to and merged with this account 
and any other prior balances from the Rural Development, Rural 
Community Advancement Program account that the Secretary determines is 
appropriate to transfer.

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized 
by sections 305 and 306 of the Rural Electrification Act of 1936 (7 
U.S.C. 935 and 936) shall be made as follows: 5 percent rural 
electrification loans, $100,000,000; loans made pursuant to section 306 
of that Act, rural electric, $6,500,000,000; guaranteed underwriting 
loans pursuant to section 313A, $424,286,000; 5 percent rural 
telecommunications loans, $145,000,000; cost of money rural 
telecommunications loans, $250,000,000; and for loans made pursuant to 
section 306 of that Act, rural telecommunications loans, $295,000,000: 
Provided, That up to $2,000,000,000 may be used for the construction, 
acquisition, or improvement of fossil-fueled electric generating plants 
(whether new or existing) that utilize carbon sequestration systems.
    For the cost of guaranteed loans, including the cost of modifying 
lo ans, as defined in section 502 of the Congressional Budget Act of 
1974, as follows: $594,000 for guaranteed underwriting loans authorized 
by section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 
940c-1).
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $36,382,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.

         distance learning, telemedicine, and broadband program

    For the principal amount of broadband telecommunication loans, 
$282,686,000.
    For grants for telemedicine and distance learning services in rural 
areas, as authorized by 7 U.S.C. 950aaa et seq., $28,570,000, to remain 
available until expended:  Provided, That $3,000,000 shall be made 
available for grants authorized by 379G of the Consolidated Farm and 
Rural Development Act:  Provided further, That $3,000,000 shall be made 
available to those noncommercial educational television broadcast 
stations that serve rural areas and are qualified for Community Service 
Grants by the Corporation for Public Broadcasting under section 396(k) 
of the Communications Act of 1934, including associated translators and 
repeaters, regardless of the location of their main transmitter, 
studio-to-transmitter links, and equipment to allow local control over 
digital content and programming through the use of high definition 
broadcast, multi-casting and datacasting technologies.
    For the cost of broadband loans, as authorized by section 601 of 
the Rural Electrification Act, $8,000,000, to remain available until 
expended:  Provided, That the cost of direct loans shall be as defined 
in section 502 of the Congressional Budget Act of 1974.
    In addition, $10,372,000, to remain available until expended, for a 
grant program to finance broadband transmission in rural areas eligible 
for Distance Learning and Telemedicine Program benefits authorized by 7 
U.S.C. 950aaa.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

    For necessary expenses of the Office of the Under Secretary for 
Food, Nutrition and Consumer Services, $770,000.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

    For necessary expenses to carry out the Richard B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 
17 and 21; $18,151,176,000, to remain available through September 30, 
2013, of which such sums as are made available under section 
14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public 
Law 110-246), as amended by this Act, shall be merged with and 
available for the same time period and purposes as provided herein:  
Provided, That the total amount available, $1,000,000 shall be 
available to implement section 23 of the Child Nutrition Act of 1966 
(42 U.S.C. 1771 et seq):  Provided further, That section 14222(b)(1) of 
the Food, Conservation, and Energy Act of 2008 is amended by adding at 
the end before the period, ``except section 21, and the Child Nutrition 
Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21''.

special supplemental nutrition program for women, infants, and children 
                                 (wic)

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition 
Act of 1966 (42 U.S.C. 1786), $6,582,497,000, to remain available 
through September 30, 2013:  Provided, That notwithstanding section 
17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), 
of the amounts made available under this heading, not less than 
$60,000,000 shall be used for breast-feeding peer counselors and other 
related activities:  Provided further, That funds made available for 
the purposes specified in section 17(h)(10)(B) shall only be made 
available upon a determination by the Secretary that funds are 
available to meet caseload requirements:  Provided further, That none 
of the funds provided in this account shall be available for the 
purchase of infant formula except in accordance with the cost 
containment and competitive bidding requirements specified in section 
17 of such Act:  Provided further, That none of the funds provided 
shall be available for activities that are not fully reimbursed by 
other Federal Government departments or agencies unless authorized by 
section 17 of such Act.

               supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.), $80,402,722,000, of which $3,000,000,000, 
to remain available through September 30, 2013, shall be placed in 
reserve for use only in such amounts and at such times as may become 
necessary to carry out program operations:  Provided, That funds 
provided herein shall be expended in accordance with section 16 of the 
Food and Nutrition Act of 2008:  Provided further, That of the funds 
made available under this heading, $1,000,000 may be used to provide 
nutrition education services to state agencies and Federally recognized 
tribes participating in the Food Distribution Program on Indian 
Reservations:  Provided further, That this appropriation shall be 
subject to any work registration or workfare requirements as may be 
required by law:  Provided further, That funds made available for 
Employment and Training under this heading shall remain available until 
expended, notwithstanding section 16(h)(1) of the Food and Nutrition 
Act of 2008:  Provided further, That funds made available under this 
heading may be used to enter into contracts and employ staff to conduct 
studies, evaluations, or to conduct activities related to program 
integrity provided that such activities are authorized by the Food and 
Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of 
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c 
note); the Emergency Food Assistance Act of 1983; special assistance 
for the nuclear affected islands, as authorized by section 103(f)(2) of 
the Compact of Free Association Amendments Act of 2003 (Public Law 108-
188); and the Farmers' Market Nutrition Program, as authorized by 
section 17(m) of the Child Nutrition Act of 1966, $242,336,000, to 
remain available through September 30, 2013:  Provided, That none of 
these funds shall be available to reimburse the Commodity Credit 
Corporation for commodities donated to the program:  Provided further, 
That notwithstanding any other provision of law, effective with funds 
made available in fiscal year 2011 to support the Seniors Farmers' 
Market Nutrition Program, as authorized by section 4402 of the Farm 
Security and Rural Investment Act of 2002, such funds shall remain 
available through September 30, 2013:  Provided further, That of the 
funds made available under section 27(a) of the Food and Nutrition Act 
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for 
costs associated with the distribution of commodities.

                   nutrition programs administration

    For necessary administrative expenses of the Food and Nutrition 
Service for carrying out any domestic nutrition assistance program, 
$140,130,000:  Provided, That $2,000,000 shall be used for the purposes 
of section 4404 of Public Law 107-171, as amended by section 4401 of 
Public Law 110-246.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

                         salaries and expenses

                     (including transfers of funds)

    For necessary expenses of the Foreign Agricultural Service, 
including not to exceed $158,000 for representation allowances and for 
expenses pursuant to section 8 of the Act approved August 3, 1956 (7 
U.S.C. 1766), $176,347,000:  Provided, That the Service may utilize 
advances of funds, or reimburse this appropriation for expenditures 
made on behalf of Federal agencies, public and private organizations 
and institutions under agreements executed pursuant to the agricultural 
food production assistance programs (7 U.S.C. 1737) and the foreign 
assistance programs of the United States Agency for International 
Development:  Provided further, That funds made available for middle-
income country training programs and up to $2,000,000 of the Foreign 
Agricultural Service appropriation solely for the purpose of offsetting 
fluctuations in international currency exchange rates, subject to 
documentation by the Foreign Agricultural Service, shall remain 
available until expended.

  food for peace title i direct credit and food for progress program 
                                account

                     (including transfers of funds)

    For administrative expenses to carry out the credit program of 
title I, Food for Peace Act (Public Law 83-480) and the Food for 
Progress Act of 1985, $2,666,000, shall be transferred to and merged 
with the appropriation for ``Farm Service Agency, Salaries and 
Expenses'':  Provided, That funds made available for the cost of 
agreements under title I of the Agricultural Trade Development and 
Assistance Act of 1954 and for title I ocean freight differential may 
be used interchangeably between the two accounts with prior notice to 
the Committees on Appropriations of both Houses of Congress.

                     food for peace title ii grants

    For expenses during the current fiscal year, not otherwise 
recoverable, and unrecovered prior years' costs, including interest 
thereon, under the Food for Peace Act (Public Law 83-480, as amended), 
for commodities supplied in connection with dispositions abroad under 
title II of said Act, $1,562,000,000, to remain available until 
expended.

  mcgovern-dole international food for education and child nutrition 
                             program grants

    For necessary expenses to carry out the provisions of section 3107 
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $188,000,000, to remain available until expended:  Provided, That 
the Commodity Credit Corporation is authorized to provide the services, 
facilities, and authorities for the purpose of implementing such 
section, subject to reimbursement from amounts provided herein.

 commodity credit corporation export (loans) credit guarantee program 
                                account

                     (including transfers of funds)

    For administrative expenses to carry out the Commodity Credit 
Corporation's export guarantee program, GSM 102 and GSM 103, 
$6,465,000; to cover common overhead expenses as permitted by section 
11 of the Commodity Credit Corporation Charter Act and in conformity 
with the Federal Credit Reform Act of 1990, of which $6,129,000 shall 
be transferred to and merged with the appropriation for ``Foreign 
Agricultural Service, Salaries and Expenses'', and of which $336,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's 
certificate, not to exceed $25,000; and notwithstanding section 521 of 
Public Law 107-188; $3,859,402,000:  Provided, That of the amount 
provided under this heading, $702,172,000 shall be derived from 
prescription drug user fees authorized by 21 U.S.C. 379h shall be 
credited to this account and remain available until expended, and shall 
not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) 
assessed for fiscal year 2013 but collected in fiscal year 2012; 
$57,605,000 shall be derived from medical device user fees authorized 
by 21 U.S.C. 379j, and shall be credited to this account and remain 
available until expended; $21,768,000 shall be derived from animal drug 
user fees authorized by 21 U.S.C. 379j, and shall be credited to this 
account and remain available until expended; $5,706,000 shall be 
derived from animal generic drug user fees authorized by 21 U.S.C. 
379f, and shall be credited to this account and shall remain available 
until expended; $477,000,000 shall be derived from tobacco product user 
fees authorized by 21 U.S.C. 387s and shall be credited to this account 
and remain available until expended; $12,364,000 shall be derived from 
food and feed recall fees authorized by section 743 of the Federal 
Food, Drug, and Cosmetic Act (Public Law 75-717), as amended by the 
Food Safety Modernization Act (Public Law 111-353), and shall be 
credited to this account and remain available until expended; 
$14,700,000 shall be derived from food reinspection fees authorized by 
section 743 of the Federal Food, Drug, and Cosmetic Act (Public Law 75-
717), as amended by the Food Safety Modernization Act (Public Law 111-
353), and shall be credited to this account and remain available until 
expended; and $71,066,000 shall be derived from voluntary qualified 
importer program fees authorized by section 743 of the Federal Food, 
Drug, and Cosmetic Act (Public Law 75-717), as amended by the Food 
Safety Modernization Act (Public Law 111-353), and shall be credited to 
this account and remain available until expended:  Provided further, 
That in addition and notwithstanding any other provision under this 
heading, amounts collected for prescription drug user fees that exceed 
the fiscal year 2012 limitation are appropriated and shall be credited 
to this account and remain available until expended:  Provided further, 
That fees derived from prescription drug, medical device, animal drug, 
animal generic drug, and tobacco product assessments for fiscal year 
2012 received during fiscal year 2012, including any such fees assessed 
prior to fiscal year 2012 but credited for fiscal year 2012, shall be 
subject to the fiscal year 2012 limitations:  Provided further, That 
none of these funds shall be used to develop, establish, or operate any 
program of user fees authorized by 31 U.S.C. 9701:  Provided further, 
That of the total amount appropriated: (1) $944,979,000 shall be for 
the Center for Food Safety and Applied Nutrition and related field 
activities in the Office of Regulatory Affairs; (2) $978,205,000 shall 
be for the Center for Drug Evaluation and Research and related field 
activities in the Office of Regulatory Affairs, of which no less than 
$52,947,000 shall be available for the Office of Generic Drugs; (3) 
$328,886,000 shall be for the Center for Biologics Evaluation and 
Research and for related field activities in the Office of Regulatory 
Affairs; (4) $166,365,000 shall be for the Center for Veterinary 
Medicine and for related field activities in the Office of Regulatory 
Affairs; (5) $356,659,000 shall be for the Center for Devices and 
Radiological Health and for related field activities in the Office of 
Regulatory Affairs; (6) $60,039,000 shall be for the National Center 
for Toxicological Research; (7) $454,751,000 shall be for the Center 
for Tobacco Products and for related field activities in the Office of 
Regulatory Affairs; (8) not to exceed $133,879,000 shall be for Rent 
and Related activities, of which $43,981,000 is for White Oak 
Consolidation, other than the amounts paid to the General Services 
Administration for rent; (9) not to exceed $209,392,000 shall be for 
payments to the General Services Administration for rent; and (10) 
$226,247,000 shall be for other activities, including the Office of the 
Commissioner of Food and Drugs, the Office of Foods, the Office of 
Medical and Tobacco Products, the Office of Global and Regulatory 
Policy, the Office of Operations, the Office of the Chief Scientist, 
and central services for these offices:  Provided further, That not to 
exceed $25,000 of this amount shall be for official reception and 
representation expenses, not otherwise provided for, as determined by 
the Commissioner:  Provided further, That funds be may transferred from 
one specified activity to another with the prior approval of the 
Committees on Appropriations of both Houses of Congress:  Provided 
further, That not later than 90 days after the date of enactment of 
this Act, the Secretary of Health and Human Services shall submit to 
Congress a report that discloses, with respect to all drugs, devices, 
and biological products approved, cleared, or licensed under the 
Federal Food, Drug, and Cosmetic Act or the Public Health Service Act 
during calendar year 2011, including such drugs, devices, and 
biological products so approved, cleared, or licensed using funds made 
available under this Act: (1) the average number of calendar days that 
elapsed from the date that drug applications (including any 
supplements) were submitted to such Secretary under section 505 of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) until the date 
that the drugs were approved under such section 505; (2) the average 
number of calendar days that elapsed from the date that applications 
for device clearance (including any supplements) under section 510(k) 
of such Act (21 U.S.C. 360(k)) or for premarket approval (including any 
supplements) under section 515 of such Act (21 U.S.C. 360e) were 
submitted to such Secretary until the date that the devices were 
cleared under such section 510(k) or approved under such section 515; 
and (3) the average number of calendar days that elapsed from the date 
that biological license applications (including any supplements) were 
submitted to such Secretary under section 351 of the Public Health 
Service Act (42 U.S.C. 262) until the date that the biological products 
were licensed under such section 351.
    In addition, mammography user fees authorized by 42 U.S.C. 263b, 
export certification user fees authorized by 21 U.S.C. 381, and 
priority review user fees authorized by 21 U.S.C. 360n may be credited 
to this account, to remain available until expended.

                        buildings and facilities

    For plans, construction, repair, improvement, extension, 
alteration, and purchase of fixed equipment or facilities of or used by 
the Food and Drug Administration, where not otherwise provided, 
$8,982,000, to remain available until expended.

                           INDEPENDENT AGENCY

                       Farm Credit Administration

                 limitation on administrative expenses

    Not to exceed $62,000,000 (from assessments collected from farm 
credit institutions, including the Federal Agricultural Mortgage 
Corporation) shall be obligated during the current fiscal year for 
administrative expenses as authorized under 12 U.S.C. 2249:  Provided, 
That this limitation shall not apply to expenses associated with 
receiverships.

                               TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

    Sec. 701.  Within the unit limit of cost fixed by law, 
appropriations and authorizations made for the Department of 
Agriculture for the current fiscal year under this Act shall be 
available for the purchase, in addition to those specifically provided 
for, of not to exceed 204 passenger motor vehicles, of which 170 shall 
be for replacement only, and for the hire of such vehicles.
    Sec. 702.  The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant 
and capital equipment necessary for the delivery of financial, 
administrative, and information technology services of primary benefit 
to the agencies of the Department of Agriculture:  Provided, That none 
of the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency administrator:  Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without written notification to and the 
prior approval of the Committees on Appropriations of both Houses of 
Congress:  Provided further, That none of the funds appropriated by 
this Act or made available to the Department's Working Capital Fund 
shall be available for obligation or expenditure to make any changes to 
the Department's National Finance Center without written notification 
to and prior approval of the Committees on Appropriations of both 
Houses of Congress as required by section 711 of this Act:  Provided 
further, That of annual income amounts in the Working Capital Fund of 
the Department of Agriculture allocated for the National Finance 
Center, the Secretary may reserve not more than 4 percent for the 
replacement or acquisition of capital equipment, including equipment 
for the improvement and implementation of a financial management plan, 
information technology, and other systems of the National Finance 
Center or to pay any unforeseen, extraordinary cost of the National 
Finance Center:  Provided further, That none of the amounts reserved 
shall be available for obligation unless the Secretary submits written 
notification of the obligation to the Committees on Appropriations of 
the House of Representatives and the Senate:  Provided further, That 
the limitation on the obligation of funds pending notification to 
Congressional Committees shall not apply to any obligation that, as 
determined by the Secretary, is necessary to respond to a declared 
state of emergency that significantly impacts the operations of the 
National Finance Center; or to evacuate employees of the National 
Finance Center to a safe haven to continue operations of the National 
Finance Center.
    Sec. 703.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 704.  No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is 
to carry out programs of mutual interest between the two parties. This 
does not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 705.  Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current 
fiscal year shall remain available until expended to disburse 
obligations made in the current fiscal year for the following accounts: 
the Rural Development Loan Fund program account, the Rural 
Electrification and Telecommunication Loans program account, and the 
Rural Housing Insurance Fund program account.
    Sec. 706.  Hereafter, none of the funds appropriated by this Act 
may be used to carry out section 410 of the Federal Meat Inspection Act 
(21 U.S.C. 679a) or section 30 of the Poultry Products Inspection Act 
(21 U.S.C. 471).
    Sec. 707.  None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board:  Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise 
made available by this Act may be transferred to the Office of the 
Chief Information Officer without written notification to and the prior 
approval of the Committees on Appropriations of both Houses of 
Congress:  Provided further, That none of the funds available to the 
Department of Agriculture for information technology shall be obligated 
for projects over $25,000 prior to receipt of written approval by the 
Chief Information Officer.
    Sec. 708.  Funds made available under section 1240I and section 
1241(a) of the Food Security Act of 1985 and section 524(b) of the 
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal 
year shall remain available until expended to disburse obligations made 
in the current fiscal year.
    Sec. 709.  Hereafter, notwithstanding any other provision of law, 
any former RUS borrower that has repaid or prepaid an insured, direct 
or guaranteed loan under the Rural Electrification Act, or any not-for-
profit utility that is eligible to receive an insured or direct loan 
under such Act, shall be eligible for assistance under section 
313(b)(2)(B) of such Act in the same manner as a borrower under such 
Act.
    Sec. 710.  Notwithstanding any other provision of law, for the 
purposes of a grant under section 412 of the Agricultural Research, 
Extension, and Education Reform Act of 1998, none of the funds in this 
or any other Act may be used to prohibit the provision of in-kind 
support from non-Federal sources under section 412(e)(3) in the form of 
unrecovered indirect costs not otherwise charged against the grant, 
consistent with the indirect rate of cost approved for a recipient.
    Sec. 711.  Except as otherwise specifically provided by law, 
unobligated balances remaining available at the end of the fiscal year 
from appropriations made available for salaries and expenses in this 
Act for the Farm Service Agency and the Rural Development mission area, 
shall remain available through September 30, 2013, for information 
technology expenses.
    Sec. 712.  The Secretary of Agriculture may authorize a State 
agency to use funds provided in this Act to exceed the maximum amount 
of liquid infant formula specified in 7 C.F.R. 246.10 when issuing 
liquid infant formula to participants.
    Sec. 713.  No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act or any 
other Act to any other agency or office of the Department for more than 
30 days unless the individual's employing agency or office is fully 
reimbursed by the receiving agency or office for the salary and 
expenses of the employee for the period of assignment.
    Sec. 714.  In the case of each program established or amended by 
the Food, Conservation, and Energy Act of 2008 (Public Law 110-246), 
other than by title I or subtitle A of title III of such Act, or 
programs for which indefinite amounts were provided in that Act that is 
authorized or required to be carried out using funds of the Commodity 
Credit Corporation--
            (1) such funds shall be available for salaries and related 
        administrative expenses, including technical assistance, 
        associated with the implementation of the program, without 
        regard to the limitation on the total amount of allotments and 
        fund transfers contained in section 11 of the Commodity Credit 
        Corporation Charter Act (15 U.S.C. 714i); and
            (2) the use of such funds for such purpose shall not be 
        considered to be a fund transfer or allotment for purposes of 
        applying the limitation on the total amount of allotments and 
        fund transfers contained in such section.
    Sec. 715.  Funds provided by this Act may be used notwithstanding 
the requirements of 7 U.S.C. 1736f(e)(1).
    Sec. 716.  None of the funds made available by this or any other 
Act may be used to close or relocate a Rural Development office unless 
or until the Secretary of Agriculture determines the cost effectiveness 
and/or enhancement of program delivery or that the closing or 
relocation would result in cost savings:  Provided, That not later than 
120 days before the date of the proposed closure or relocation, the 
Secretary notifies in writing the Committees on Appropriation of the 
House and Senate, and the members of Congress from the State in which 
the office is located of the proposed closure or relocation and 
provides a report that describes the justifications for such closures 
and relocations.
    Sec. 717.  Appropriations to the Department of Agriculture made 
available in fiscal years 2005, 2006, and 2007 to carry out section 601 
of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for the cost 
of direct loans shall remain available until expended to disburse valid 
obligations.
    Sec. 718.  None of the funds made available in fiscal year 2012 or 
preceding fiscal years for programs authorized under the Food for Peace 
Act (7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to 
reimburse the Commodity Credit Corporation for the release of eligible 
commodities under section 302(f)(2)(A) of the Bill Emerson Humanitarian 
Trust Act (7 U.S.C. 1736f-1):  Provided, That any such funds made 
available to reimburse the Commodity Credit Corporation shall only be 
used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson 
Humanitarian Trust Act.
    Sec. 719.  Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task 
forces of the Department of Agriculture, except for panels used to 
comply with negotiated rule makings and panels used to evaluate 
competitively awarded grants.
    Sec. 720.  Notwithstanding any other provision of law, school food 
authorities which received a grant for equipment assistance under the 
grant program carried out pursuant to the heading ``Food and Nutrition 
Service Child Nutrition Programs'' in title I of division A of the 
American Recovery and Reinvestment Act of 2009 (Public Law 111-5) shall 
be eligible to receive a grant under section 749 (j) of the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2010 (Public Law 111-80).
    Sec. 721.  There is hereby appropriated $1,996,000 to carry out 
section 1621 of Public Law 110-246.
    Sec. 722.  There is hereby appropriated $600,000 to the Farm 
Service Agency to carry out a pilot program to demonstrate the use of 
new technologies that increase the rate of growth of re-forested 
hardwood trees on private non-industrial forests lands, enrolling lands 
on the coast of the Gulf of Mexico that were damaged by Hurricane 
Katrina in 2005.
    Sec. 723. (a) None of the funds provided by this Act, or provided 
by previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in the current fiscal 
year, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds, or in the case of the Department of 
Agriculture, through use of the authority provided by section 702(b) of 
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or 
section 8 of Public Law 89-106 (7 U.S.C. 2263), that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) reorganizes offices, programs, or activities; or
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees; unless the Secretary 
        of Agriculture or the Secretary of Health and Human Services 
        (as the case may be) notifies, in writing, the Committees on 
        Appropriations of both Houses of Congress at least 30 days in 
        advance of the reprogramming of such funds or the use of such 
        authority.
    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming or use of the authorities 
referred to in subsection (a) involving funds in excess of $500,000 or 
10 percent, whichever is less, that:
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings from a reduction in 
        personnel which would result in a change in existing programs, 
        activities, or projects as approved by Congress; unless the 
        Secretary of Agriculture or the Secretary of Health and Human 
        Services (as the case may be) notifies, in writing, the 
        Committees on Appropriations of both Houses of Congress at 
        least 30 days in advance of the reprogramming of such funds or 
        the use of such authority.
    (c) The Secretary of Agriculture or the Secretary of Health and 
Human Services shall notify in writing the Committees on Appropriations 
of both Houses of Congress before implementing any program or activity 
not carried out during the previous fiscal year unless the program or 
activity is funded by this Act or specifically funded by any other Act.
    (d) As described in this section, no funds may be used for any 
activities unless the Secretary of Agriculture or the Secretary of 
Health and Human Services receives in writing from the Committee on 
Appropriations of both Houses of Congress confirmation of receipt of 
the notification required in this section.
    Sec. 724.  None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2013 appropriations Act.
    Sec. 725.  The Secretary may reserve, through April 1, 2012, up to 
5 percent of the funding available for the following items for projects 
in areas that are engaged in strategic regional development planning as 
defined by the Secretary: business and industry guaranteed loans; rural 
development loan fund; rural business enterprise grants; rural business 
opportunity grants; rural economic development program; rural 
microenterprise program; biorefinery assistance program; rural energy 
for America program; value-added producer grants; broadband program; 
water and waste program; and rural community facilities program.
    Sec. 726.  None of the funds appropriated or otherwise made 
available by this or any other Act shall be used to pay the salaries 
and expenses of personnel to carry out the following:
            (1) The Conservation Stewardship Program authorized by 
        sections 1238D-1238G of the Food Security of Act 1985 (16 
        U.S.C. 3838d-3838g) in excess of $809,000,000;
            (2) The Watershed Rehabilitation program authorized by 
        section 14(h) of the Watershed Protection and Flood Prevention 
        Act (16 U.S.C. 1012(h));
            (3) The Environmental Quality Incentives Program as 
        authorized by sections 1240-1240H of the Food Security Act of 
        1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000:  
        Provided, That up to $20,000,000 of the funds made available 
        for the Environmental Quality Incentives Program as authorized 
        by sections 1240-1240H of the Food Security Act of 1985 (16 
        U.S.C. 3839aa-3839aa(8)) may be transferred to a program as 
        authorized by 16 U.S.C. 1301-1311 to enroll agricultural lands 
        that experienced significant flooding, as determined by the 
        Secretary, in calendar year 2011:  Provided further, That no 
        more than $10,000,000 may be used for agreements entered into 
        with owners or operators in any one State;
            (4) The Farmland Protection Program as authorized by 
        section 1238I of the Food Security Act of 1985 (16 U.S.C. 
        3838i) in excess of $150,000,000;
            (5) The Grassland Reserve Program as authorized by sections 
        1238O-1238Q of the Food Security Act of 1985 (16 U.S.C. 3838o-
        3838q) in excess of 140,907 acres in fiscal year 2012;
            (6) The Wetlands Reserve Program authorized by sections 
        1237-1237F of the Food Security Act of 1985 (16 U.S.C. 3837-
        3837f) to enroll in excess of 185,800 acres in fiscal year 
        2012;
            (7) The Wildlife Habitat Incentives Act authorized by 
        section 1240N of the Food Security Act of 1985 (16 U.S.C. 
        3839bb-1)) in excess of $50,000,000;
            (8) The Voluntary Public Access and Habitat Incentives 
        Program authorized by section 1240R of the Food Security Act of 
        1985 (16 U.S.C. 3839bb-5);
            (9) The Bioenergy Program for Advanced Biofuels authorized 
        by section 9005 of the Farm Security and Rural Investment Act 
        of 2002 (7 U.S.C. 8105) in excess of $75,000,000;
            (10) The Rural Energy for America Program authorized by 
        section 9007 of the Farm Security and Rural Investment Act of 
        2002 (7 U.S.C. 8107) in excess of $34,000,000;
            (11) Section 508(d)(3) of the Federal Crop Insurance Act (7 
        U.S.C. 1508(d)(3)) to provide a performance-based premium 
        discount in the crop insurance program;
            (12) Agricultural Management Assistance Program as 
        authorized by section 524 of the Federal Crop Insurance Act, as 
        amended (7 U.S.C. 1524) in excess of $2,500,000 for the Natural 
        Resources Conservation Service; and
            (13) A program under subsection (b)(2)(A)(iv) of section 
        14222 of Public Law 110-246 in excess of $948,000,000, as 
        follows: Child Nutrition Programs Entitlement Commodities--
        $465,000,000; State Option Contracts--$5,000,000; Removal of 
        Defective Commodities--$2,500,000:  Provided, That none of the 
        funds made available in this Act or any other Act shall be used 
        for salaries and expenses to carry out section 19(i)(1)(E) of 
        the Richard B. Russell National School Lunch Act as amended by 
        section 4304 of Public Law 110-246 in excess of $20,000,000, 
        including the transfer of funds under subsection (c) of section 
        14222 of Public Law 110-246, until October 1, 2012:  Provided 
        further, That $133,000,000 made available on October 1, 2012, 
        to carry out section 19(i)(1)(E) of the Richard B. Russell 
        National School Lunch Act as amended by section 4304 of Public 
        Law 110-246 shall be excluded from the limitation described in 
        subsection (b)(2)(A)(v) of section 14222 of Public Law 110-246: 
         Provided further, That none of the funds appropriated or 
        otherwise made available by this or any other Act shall be used 
        to pay the salaries or expenses of any employee of the 
        Department of Agriculture or officer of the Commodity Credit 
        Corporation to carry out clause 3 of section 32 of the 
        Agricultural Adjustment Act of 1935 (Public Law 74-320, 7 
        U.S.C. 612c, as amended), or for any surplus removal activities 
        or price support activities under section 5 of the Commodity 
        Credit Corporation Charter Act:  Provided further, That of the 
        available unobligated balances under (b)(2)(A)(iv) of section 
        14222 of Public Law 110-246, $150,000,000 are hereby rescinded.
    Sec. 727.  Hereafter, notwithstanding section 310B(g)(5) of the 
Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the 
Secretary may assess a one-time fee for any guaranteed business and 
industry loan in an amount that does not exceed 3 percent of the 
guaranteed principal portion of the loan.
    Sec. 728.  None of the funds appropriated or otherwise made 
available to the Department of Agriculture or the Food and Drug 
Administration shall be used to transmit or otherwise make available to 
any non-Department of Agriculture or non-Department of Health and Human 
Services employee questions or responses to questions that are a result 
of information requested for the appropriations hearing process.
    Sec. 729. (a) Clause (ii) of section 524(b)(4)(B) of the Federal 
Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended--
            (1) in the heading, by striking ``fiscal years 2008 through 
        2012'' and inserting ``certain fiscal years''; and
            (2) in the text, by striking ``2012'' and inserting 
        ``2014''.
    (b) Section 1238E(a) of the Food Security Act of 1985 (16 U.S.C. 
3838e(a)) is amended by striking ``2012'' and inserting ``2014''.
    (c) Section 1240B(a) of the Food Security Act of 1985 (16 U.S.C. 
3839aa-2(a)) is amended by striking ``2012'' and inserting ``2014''.
    (d) Section 1241(a)(6)(E) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)(6)(E)) is amended by striking ``fiscal year 2012'' and 
inserting ``each of fiscal years 2012 through 2014''.
    (e) Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 
3841(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``2012,'' and inserting ``2012 (and fiscal year 2014 in the 
        case of the programs specified in paragraphs (3)(B), (4), (6), 
        and (7)),''; and
            (2) in paragraph (4)(E), by striking ``fiscal year 2012'' 
        and inserting ``each of fiscal years 2012 through 2014''.
    (f) Section 1241(a)(7)(D) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)(7)(D)) is amended by striking ``2012'' and inserting 
``2014''.
    Sec. 730.  Any unobligated funds included under Treasury symbol 
codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277, 12X1404, 12X1501, 
and 12X1336 are hereby rescinded.
    Sec. 731.  Of the unobligated balances provided pursuant to section 
16(h)(1)(A) of the Food and Nutrition Act of 2008, $11,000,000 are 
hereby rescinded.
    Sec. 732.  There is hereby appropriated for the ``Emergency 
Conservation Program'', for expenses resulting from a major disaster 
designation pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122(2)), $78,000,000, to remain 
available until expended: Provided, That this amount is designated by 
Congress as being for disaster relief pursuant to section 251(b)(2)(D) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 
(Public Law 99-177), as amended: Provided further, That there is hereby 
appropriated for the ``Emergency Forest Restoration Program'', for 
expenses resulting from a major disaster designation pursuant to the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122(2)), $49,000,000, to remain available until expended: 
Provided further, That this amount is designated by Congress as being 
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), 
as amended: Provided further, That there is hereby appropriated for the 
``Emergency Watershed Protection Program'', for expenses resulting from 
a major disaster designation pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), 
$139,000,000, to remain available until expended: Provided further, 
That this amount is designated by Congress as being for disaster relief 
pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (Public Law 99-177), as amended.
    Sec. 733. (a) Notwithstanding any other provision of this Act--
            (1) the amount provided under section 732 for the emergency 
        conservation program for expenses resulting from a major 
        disaster designation pursuant to the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122(2)) is increased by $48,700,000; and
            (2) the amount provided under section 732 for the emergency 
        watershed protection program for expenses resulting from a 
        major disaster designation pursuant to the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 
        5122(2)) is increased by $61,200,000.
    (b) The additional amounts provided under subsection (a)--
            (1) are designated by Congress as being for disaster relief 
        pursuant to section 251(b)(2)(D) of the Balanced Budget and 
        Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D));
            (2) are subject to the same terms and conditions as any 
        other amounts provided under section 732 for the same purposes; 
        and
            (3) shall remain available until expended.
    Sec. 734.  Unobligated balances not to exceed $31,000,000 for the 
``Emergency Watershed Protection Program'' provided in Public Law 108-
199, Public Law 109-234, and Public Law 110-28 shall be available for 
the purposes of such program for disasters occurring in 2011, and shall 
remain available until expended: Provided, That the amounts made 
available by this section are designated by Congress as being for an 
emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.
    Sec. 735.  None of the funds made available by this Act may be used 
to implement an interim final or final rule that--
            (1) sets any maximum limits on the serving of vegetables in 
        school meal programs established under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.) and by 
        section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); 
        or
            (2) is inconsistent with the recommendations of the most 
        recent Dietary Guidelines for Americans for vegetables.
    Sec. 736.  For fiscal year 2012, section 363 of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 2006e) shall not apply to a 
project funded under the community facilities programs authorized under 
such Act.
    Sec. 737.  Not later than 30 days after the date of enactment of 
this Act, the Secretary of Agriculture shall submit to the Committee on 
Appropriations of the House of Representatives and the Committee on 
Appropriations of the Senate a report describing plans to implement 
reductions to salaries and expenses accounts included in this Act.
    Sec. 738.  None of the funds made available by this Act may be used 
by the Secretary of Agriculture to provide direct payments under 
section 1103 or 1303 of the Food, Conservation, and Energy Act of 2008 
(7 U.S.C. 8713, 8753) to any person or legal entity that has an average 
adjusted gross income (as defined in section 1001D of the Food Security 
Act of 1985 (7 U.S.C. 1308-3a)) in excess of $1,000,000.
    This Act may be cited as the ``Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 
2012''.

      DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for Departments of Commerce and 
Justice, and Science, and Related Agencies for the fiscal year ending 
September 30, 2012, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the International Trade 
Administration between two points abroad, without regard to 49 U.S.C. 
40118; employment of Americans and aliens by contract for services; 
rental of space abroad for periods not exceeding 10 years, and expenses 
of alteration, repair, or improvement; purchase or construction of 
temporary demountable exhibition structures for use abroad; payment of 
tort claims, in the manner authorized in the first paragraph of 28 
U.S.C. 2672 when such claims arise in foreign countries; not to exceed 
$245,250 for official representation expenses abroad; purchase of 
passenger motor vehicles for official use abroad, not to exceed $45,000 
per vehicle; obtaining insurance on official motor vehicles; and rental 
of tie lines, $441,104,000, to remain available until September 30, 
2013, of which $9,439,000 is to be derived from fees to be retained and 
used by the International Trade Administration, notwithstanding 31 
U.S.C. 3302:  Provided further, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities without regard to 
section 5412 of the Omnibus Trade and Competitiveness Act of 1988 (15 
U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act of 
1961 shall include payment for assessments for services provided as 
part of these activities:  Provided further, That up to $2,500,000 from 
amounts provided herein may be available for necessary expenses of the 
Commercial Law Development Program, including those authorized under 
section 636(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2396(a)).

                    Bureau of Industry and Security

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $11,250 for official representation expenses 
abroad; awards of compensation to informers under the Export 
Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); and 
purchase of passenger motor vehicles for official use and motor 
vehicles for law enforcement use with special requirement vehicles 
eligible for purchase without regard to any price limitation otherwise 
established by law, $98,138,000, to remain available until expended, of 
which $31,279,000 shall be for inspections and other activities related 
to national security:  Provided, That the provisions of the first 
sentence of section 105(f) and all of section 108(c) of the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
2458(c)) shall apply in carrying out these activities:  Provided 
further, That payments and contributions collected and accepted for 
materials or services provided as part of such activities may be 
retained for use in covering the cost of such activities, and for 
providing information to the public with respect to the export 
administration and national security activities of the Department of 
Commerce and other export control programs of the United States and 
other governments.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, for trade adjustment 
assistance, and for grants authorized by section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), as 
added by section 603 of the America COMPETES Reauthorization Act of 
2010 (Public Law 111-358), $220,000,000, to remain available until 
expended, of which $1,000,000 shall be for economic adjustment 
assistance grants under section 209 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3149) to support innovative, 
utility-administered energy efficiency programs for small businesses.
    For an additional amount for ``Economic Development Assistance 
Programs'' for expenses related to disaster relief, long-term recovery, 
and restoration of infrastructure in areas that received a major 
disaster designation in 2011 pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), 
$135,000,000, to remain available until expended:  Provided, That such 
amount is designated by Congress as being for disaster relief pursuant 
to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.
    For an additional amount for ``Economic Development Assistance 
Programs'' for expenses related to disaster relief, long-term recovery, 
and restoration of infrastructure in areas that received a major 
disaster designation in 2011 pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), 
$365,000,000, to remain available until expended: Provided, That such 
amount is designated by Congress as being for disaster relief pursuant 
to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $37,166,000:  Provided, 
That these funds may be used to monitor projects approved pursuant to 
title I of the Public Works Employment Act of 1976, title II of the 
Trade Act of 1974, and the Community Emergency Drought Relief Act of 
1977.

                  Minority Business Development Agency

                     minority business development

    For necessary expenses of the Department of Commerce in fostering, 
promoting, and developing minority business enterprise, including 
expenses of grants, contracts, and other agreements with public or 
private organizations, $29,732,000.

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$95,119,000.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$253,336,000:  Provided, That from amounts provided herein, funds may 
be used for promotion, outreach, and marketing activities.

                     periodic censuses and programs

                     (including transfer of funds)

    For necessary expenses to collect and publish statistics for 
periodic censuses and programs provided for by law, $690,000,000, to 
remain available until September 30, 2013:  Provided, That from amounts 
provided herein, funds may be used for additional promotion, outreach, 
and marketing activities:  Provided further, That within the amounts 
appropriated, $1,000,000 shall be transferred to the Office of the 
Inspector General for activities associated with carrying out 
investigations and audits related to the Bureau of the Census.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $45,568,000, 
to remain available until September 30, 2013:  Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, operations, and related services, and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended:  Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

    For the administration of prior-year grants, recoveries and 
unobligated balances of funds previously appropriated are hereafter 
available for the administration of all open grants until their 
expiration.

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the United States Patent and Trademark 
Office (USPTO) provided for by law, including defense of suits 
instituted against the Under Secretary of Commerce for Intellectual 
Property and Director of the USPTO, $2,706,313,000 to remain available 
until expended:  Provided, That the sum herein appropriated from the 
general fund shall be reduced as offsetting collections assessed and 
collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are 
received during fiscal year 2012, so as to result in a fiscal year 2012 
appropriation from the general fund estimated at $0:  Provided further, 
That during fiscal year 2012, should the total amount of offsetting fee 
collections and the surcharge provided herein be less than 
$2,706,313,000 this amount shall be reduced accordingly:  Provided 
further, That any amount received in excess of $2,706,313,000 in fiscal 
year 2012 and deposited in the Patent and Trademark Fee Reserve Fund 
shall remain available until expended:  Provided further, That the 
Director of the Patent and Trademark Office shall submit a spending 
plan to the Committees on Appropriations of the House of 
Representatives and the Senate for any amounts made available by the 
preceding proviso and such spending plan shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section:  Provided further, That from amounts 
provided herein, not to exceed $750 shall be made available in fiscal 
year 2012 for official reception and representation expenses:  Provided 
further, That in fiscal year 2012 from the amounts made available for 
``Salaries and Expenses'' for the USPTO, the amounts necessary to pay: 
(1) the difference between the percentage of basic pay contributed by 
the USPTO and employees under section 8334(a) of title 5, United States 
Code, and the normal cost percentage (as defined by section 8331(17) of 
that title) as provided by the Office of Personnel Management (OPM) for 
USPTO's specific use, of basic pay, of employees subject to subchapter 
III of chapter 83 of that title; and (2) the present value of the 
otherwise unfunded accruing costs, as determined by OPM for USPTO's 
specific use of post-retirement life insurance and post-retirement 
health benefits coverage for all USPTO employees who are enrolled in 
Federal Employees Health Benefits (FEHB) and Federal Employees Group 
Life Insurance (FEGLI), shall be transferred to the Civil Service 
Retirement and Disability Fund, the Employees Life Insurance Fund, and 
the Employees Health Benefits Fund, as appropriate, and shall be 
available for the authorized purposes of those accounts:  Provided 
further, That any differences between the present value factors 
published in OPM's yearly 300 series benefit letters and the factors 
that OPM provides for PTO's specific use shall be recognized as an 
imputed cost on PTO's financial statements, where applicable:  Provided 
further, That sections 801, 802, and 803 of division B, Public Law 108-
447 shall remain in effect during fiscal year 2012:  Provided further, 
That the Director may, this year, reduce by regulation fees payable for 
documents in patent and trademark matters, in connection with the 
filing of documents filed electronically in a form prescribed by the 
Director:  Provided further, That there shall be a surcharge of 15 
percent, as provided for by section 11(i) of the Leahy-Smith America 
Invents Act:  Provided further, That hereafter the Director shall 
reduce fees for providing prioritized examination of utility and plant 
patent applications by 50 percent for small entities that qualify for 
reduced fees under 35 U.S.C. 41(h)(1), so long as the fees of the 
prioritized examination program are set to recover the estimated cost 
of the program:  Provided further, That the receipts collected as a 
result of these surcharges shall be available within the amounts 
provided herein to the United States Patent and Trademark Office 
without fiscal year limitation, for all authorized activities and 
operations of the Office:  Provided further, That within the amounts 
appropriated, $1,000,000 shall be transferred to the Office of 
Inspector General for activities associated with carrying out 
investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $500,000,000, to remain available until expended, of which 
not to exceed $9,000,000 may be transferred to the ``Working Capital 
Fund'':  Provided, That not to exceed $5,000 shall be for official 
reception and representation expenses.

                     industrial technology services

    For necessary expenses of the Industrial Technology Services, 
$120,000,000 to remain available until expended:  Provided, That of the 
amounts appropriated herein, $120,000,000 shall be for the Hollings 
Manufacturing Extension Partnership.

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, not otherwise provided for the 
National Institute of Standards and Technology, as authorized by 15 
U.S.C. 278c-278e, $60,000,000, to remain available until expended.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or 
other payments to nonprofit organizations for the purposes of 
conducting activities pursuant to cooperative agreements; and 
relocation of facilities, $3,134,327,000, to remain available until 
September 30, 2013, except for funds provided for cooperative 
enforcement, which shall remain available until September 30, 2014:  
Provided, That fees and donations received by the National Ocean 
Service for the management of national marine sanctuaries may be 
retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302:  Provided further, That in 
addition, $109,098,000 shall be derived by transfer from the fund 
entitled ``Promote and Develop Fishery Products and Research Pertaining 
to American Fisheries'':  Provided further, That of the $3,250,425,000 
provided for in direct obligations under this heading $3,134,327,000 is 
appropriated from the general fund, and $109,098,000 is provided by 
transfer and $7,000,000 is derived from recoveries of prior year 
obligations:  Provided further, That payments of funds made available 
under this heading to the Department of Commerce Working Capital Fund 
including Department of Commerce General Counsel legal services shall 
not exceed $41,105,000:  Provided further, That the total amount 
available for the National Oceanic and Atmospheric Administration 
corporate services administrative support costs shall not exceed 
$219,291,000:  Provided further, That any deviation from the amounts 
designated for specific activities in the explanatory statement 
accompanying this Act, or any use of deobligated balances of funds 
provided under this heading in previous years, shall be subject to the 
procedures set forth in section 505 of this Act:  Provided further, 
That in allocating grants under sections 306 and 306A of the Coastal 
Zone Management Act of 1972, as amended, no coastal State shall receive 
more than 5 percent or less than 1 percent of increased funds 
appropriated over the previous fiscal year.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. 55), such sums as may 
be necessary.

               procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration (NOAA), $1,833,594,000, to remain 
available until September 30, 2014, except funds provided for 
construction of facilities which shall remain available until expended: 
 Provided, That of the $1,841,594,000 provided for in direct 
obligations under this heading, $1,833,594,000 is appropriated from the 
general fund and $8,000,000 is provided from recoveries of prior year 
obligations:  Provided further, That any deviation from the amounts 
designated for specific activities in the explanatory statement 
accompanying this Act, or any use of deobligated balances of funds 
provided under this heading in previous years, shall be subject to the 
procedures set forth in section 505 of this Act:  Provided further, 
That the Secretary of Commerce shall include in budget justification 
materials that the Secretary submits to Congress in support of the 
Department of Commerce budget (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code) an 
estimate for each NOAA Procurement, Acquisition or Construction project 
having a total of more than $5,000,000 and simultaneously the budget 
justification shall include an estimate of the budgetary requirements 
for each such project for each of the 5 subsequent fiscal years.

                  pacific coastal salmon recovery fund

    For necessary expenses associated with the restoration of Pacific 
salmon populations, $65,000,000, to remain available until September 
30, 2013:  Provided, That of the funds provided herein the Secretary of 
Commerce may issue grants to the States of Washington, Oregon, Idaho, 
Nevada, California, and Alaska, and Federally recognized tribes of the 
Columbia River and Pacific Coast (including Alaska) for projects 
necessary for conservation of salmon and steelhead populations, for 
restoration of populations that are listed as threatened or endangered, 
or identified by a State as at-risk to be so-listed, for maintaining 
populations necessary for exercise of tribal treaty fishing rights or 
native subsistence fishing, or for conservation of Pacific coastal 
salmon and steelhead habitat, based on guidelines to be developed by 
the Secretary of Commerce:  Provided further, That all funds shall be 
allocated based on scientific and other merit principles and shall not 
be available for marketing activities:  Provided further, That funds 
disbursed to States shall be subject to a matching requirement of funds 
or documented in-kind contributions of at least 33 percent of the 
Federal funds.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $350,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                   fisheries finance program account

    Subject to section 502 of the Congressional Budget Act of 1974, 
during fiscal year 2012, obligations of direct loans may not exceed 
$24,000,000 for Individual Fishing Quota loans and not to exceed 
$59,000,000 for traditional direct loans as authorized by the Merchant 
Marine Act of 1936:  Provided, That none of the funds made available 
under this heading may be used for direct loans for any new fishing 
vessel that will increase the harvesting capacity in any United States 
fishery.

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official reception and representation, $56,726,000.

                      renovation and modernization

    For expenses necessary, including blast windows, for the renovation 
and modernization of Department of Commerce facilities, $5,000,000, to 
remain available until expended.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.) (as amended), $26,946,000.

               General Provisions--Department of Commerce

    Sec. 101.  During the current fiscal year, applicable 
appropriations and funds made available to the Department of Commerce 
by this Act shall be available for the activities specified in the Act 
of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 
prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used 
for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary of Commerce that 
such payments are in the public interest.
    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers:  Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, That the Secretary of Commerce shall notify the Committees on 
Appropriations at least 15 days in advance of the acquisition or 
disposal of any capital asset (including land, structures, and 
equipment) not specifically provided for in this Act or any other law 
appropriating funds for the Department of Commerce:  Provided further, 
That for the National Oceanic and Atmospheric Administration this 
section shall provide for transfers among appropriations made only to 
the National Oceanic and Atmospheric Administration and such 
appropriations may not be transferred and reprogrammed to other 
Department of Commerce bureaus and appropriation accounts.
    Sec. 104.  Any costs incurred by a department or agency funded 
under this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency:  Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act:  Provided further, That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    Sec. 105.  The requirements set forth by section 112 of division B 
of Public Law 110-161 are hereby adopted by reference.
    Sec. 106.  Notwithstanding any other law, the Secretary may furnish 
services (including but not limited to utilities, telecommunications, 
and security services) necessary to support the operation, maintenance, 
and improvement of space that persons, firms or organizations are 
authorized pursuant to the Public Buildings Cooperative Use Act of 1976 
or other authority to use or occupy in the Herbert C. Hoover Building, 
Washington, DC, or other buildings, the maintenance, operation, and 
protection of which has been delegated to the Secretary from the 
Administrator of General Services pursuant to the Federal Property and 
Administrative Services Act of 1949, as amended, on a reimbursable or 
non-reimbursable basis. Amounts received as reimbursement for services 
provided under this section or the authority under which the use or 
occupancy of the space is authorized, up to $200,000, shall be credited 
to the appropriation or fund which initially bears the costs of such 
services.
    Sec. 107.  Nothing in this title shall be construed to prevent a 
grant recipient from deterring child pornography, copyright 
infringement, or any other unlawful activity over its networks.
    Sec. 108.  The administration of the National Oceanic and 
Atmospheric Administration is authorized to use, with their consent, 
with reimbursement and subject to the limits of available 
appropriations, the land, services, equipment, personnel, and 
facilities of any department, agency or instrumentality of the United 
States, or of any State, local government, Indian tribal government, 
Territory or possession, or of any political subdivision thereof, or of 
any foreign government or international organization for purposes 
related to carrying out the responsibilities of any statute 
administered by the National Oceanic and Atmospheric Administration.
    Sec. 109.  All balances in the Coastal Zone Management Fund, 
whether unobligated or unavailable, are hereby permanently cancelled, 
and notwithstanding section 308(b) of the Coastal Zone Management Act 
of 1972, as amended (16 U.S.C. 1456a), any future payments to the Fund 
made pursuant to sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 
1456a) of the Coastal Zone Management Act of 1972, as amended, shall, 
in this fiscal year and any future fiscal years, be treated in 
accordance with the Federal Credit Reform Act of 1990, as amended.
    Sec. 110.  There is established in the Treasury a non-interest 
bearing fund to be known as the ``Fisheries Enforcement Asset 
Forfeiture Fund'', which shall consist of all sums received as fines, 
penalties, and forfeitures of property for violations of any provisions 
of 16 U.S.C. chapter 38 or of any other marine resource law enforced by 
the Secretary of Commerce, including the Lacey Act Amendments of 1981 
(16 U.S.C. 3371 et seq.) and with the exception of collections pursuant 
to 16 U.S.C. 1437, which are currently deposited in the Operations, 
Research, and Facilities account:  Provided, That all unobligated 
balances that have been collected pursuant to 16 U.S.C. 1861 or any 
other marine resource law enforced by the Secretary of Commerce with 
the exception of 16 U.S.C. 1437 shall be transferred from the 
Operations, Research, and Facilities account into the Fisheries 
Enforcement Asset Forfeiture Fund and shall remain available until 
expended.
    Sec. 111.  There is established in the Treasury a non-interest 
bearing fund to be known as the ``Sanctuaries Enforcement Asset 
Forfeiture Fund'', which shall consist of all sums received as fines, 
penalties, and forfeitures of property for violations of any provisions 
of 16 U.S.C. chapter 38, which are currently deposited in the 
Operations, Research, and Facilities account:  Provided, That all 
unobligated balances that have been collected pursuant to 16 U.S.C. 
1437 shall be transferred from the Operations, Research, and Facilities 
account into the Sanctuaries Enforcement Asset Forfeiture Fund and 
shall remain available until expended.
    Sec. 112.  Notwithstanding any other provision of law, the National 
Oceanic and Atmospheric Administration is authorized to receive and 
expend funds made available by any Federal agency, State or subdivision 
thereof, public or private organization, or individual to carry out any 
statute administered by the National Oceanic and Atmospheric 
Administration:  Provided, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 113. (a) The Secretary of State shall ensure participation in 
the Commission for the Conservation and Management of Highly Migratory 
Fish Stocks in the Western and Central Pacific Ocean (``Commission'') 
and its subsidiary bodies by American Samoa, Guam, and the Northern 
Mariana Islands (collectively, the U.S. Participating Territories) to 
the same extent provided to the territories of other nations.
    (b) The U.S. Participating Territories are each authorized to use, 
assign, allocate, and manage catch limits of highly migratory fish 
stocks, or fishing effort limits, agreed to by the Commission for the 
participating territories of the Convention for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean, through arrangements with U.S. vessels with permits 
issued under the Pelagics Fishery Management Plan of the Western 
Pacific Region. Vessels under such arrangements are integral to the 
domestic fisheries of the U.S. Participating Territories provided that 
such arrangements shall impose no requirements regarding where such 
vessels must fish or land their catch and shall be funded by deposits 
to the Western Pacific Sustainable Fisheries Fund in support of 
fisheries development projects identified in a Territory's Marine 
Conservation Plan and adopted pursuant to section 204 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1824). The 
Secretary of Commerce shall attribute catches made by vessels operating 
under such arrangements to the U.S. Participating Territories for the 
purposes of annual reporting to the Commission.
    (c) The Western Pacific Regional Fisheries Management Council--
            (1) is authorized to accept and deposit into the Western 
        Pacific Sustainable Fisheries Fund funding for arrangements 
        pursuant to subsection (b);
            (2) shall use amounts deposited under paragraph (1) that 
        are attributable to a particular U.S. Participating Territory 
        only for implementation of that Territory's Marine Conservation 
        Plan adopted pursuant to section 204 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1824); and
            (3) shall recommend an amendment to the Pelagics Fishery 
        Management Plan for the Western Pacific Region, and associated 
        regulations, to implement this section.
    (d) Subsection (b) shall remain in effect until such time as--
            (1) the Western Pacific Regional Fishery Management Council 
        recommends an amendment to the Pelagics Fishery Management Plan 
        for the Western Pacific Region, and implementing regulations, 
        to the Secretary of Commerce that authorize use, assignment, 
        allocation, and management of catch limits of highly migratory 
        fish stocks, or fishing effort limits, established by the 
        Commission and applicable to U.S. Participating Territories;
            (2) the Secretary of Commerce approves the amendment as 
        recommended; and
            (3) such implementing regulations become effective.
    Sec. 114. (a) Report to Congress.--Not later than 6 months after 
the date of the enactment of this Act, the National Aquatic Animal 
Health Task Force shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Natural Resources 
of the House of Representatives a report of the findings of the 
research objectives described in subsection (b).
    (b) Research and Surveillance.--The National Aquatic Animal Health 
Task Force shall establish Infectious Salmon Anemia research 
objectives, in collaboration the with the Government of Canada, and 
Federal, State, and tribal governments, including the Department of 
Fish and Wildlife of Washington and the Department of Fish and Game of 
Alaska, to assess--
            (1) the prevalence of Infectious Salmon Anemia in both wild 
        and aquaculture salmonid populations throughout Alaska, 
        Washington, Oregon, California, and Idaho;
            (2) genetic susceptibility by population and species;
            (3) susceptibility of populations to Infectious Salmon 
        Anemia from geographic and oceanographic factors;
            (4) potential transmission pathways between infectious 
        Canadian sockeye and uninfected salmonid populations in United 
        States waters;
            (5) management strategies to rapidly respond to potential 
        Infectious Salmon Anemia outbreaks in both wild and aquaculture 
        populations, including securing the water supplies at 
        conservation hatcheries to protect hatchery fish from exposure 
        to the Infectious Salmon Anemia virus present in incoming 
        surface water;
            (6) potential economic impacts of Infectious Salmon Anemia;
            (7) any role foreign salmon farms may have in spreading 
        Infectious Salmon Anemia to wild populations;
            (8) the identity of any potential Federal, State, tribal, 
        and international research partners;
            (9) available baseline data, including baseline data 
        available from a collaborating entity; and
            (10) other Infectious Salmon Anemia research priorities, as 
        determined by the Task Force.
    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2012''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $115,886,000, of which not to exceed $4,000,000 for security 
and construction of Department of Justice facilities shall remain 
available until expended:  Provided, That the Attorney General is 
authorized to transfer funds appropriated within General Administration 
to any office in this account:  Provided further, That $18,903,000 is 
for Department Leadership; $8,311,000 is for Intergovernmental 
Relations/External Affairs; $12,925,000 is for Executive Support/
Professional Responsibility; and $75,747,000 is for the Justice 
Management Division:  Provided further, That any change in amounts 
specified in the preceding proviso greater than 5 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations consistent with the terms of section 505 of this Act:  
Provided further, That this transfer authority is in addition to 
transfers authorized under section 505 of this Act.

                   national drug intelligence center

    For necessary expenses of the National Drug Intelligence Center, 
including reimbursement of Air Force personnel for the National Drug 
Intelligence Center to support the Department of Defense's counter-drug 
intelligence responsibilities, $20,000,000:  Provided, That the 
National Drug Intelligence Center shall maintain the personnel and 
technical resources to provide timely support to law enforcement 
authorities and the intelligence community by conducting document and 
computer exploitation of materials collected in Federal, State, and 
local law enforcement activity associated with counter-drug, 
counterterrorism, and national security investigations and operations.

                 justice information sharing technology

    For necessary expenses for information sharing technology, 
including planning, development, deployment and departmental direction, 
$47,000,000, to remain available until expended.

            tactical law enforcement wireless communications

    For the costs of developing and implementing a nationwide 
Integrated Wireless Network supporting Federal law enforcement 
communications, and for the costs of operations and maintenance of 
existing Land Mobile Radio legacy systems, $87,000,000, to remain 
available until expended:  Provided, That the Attorney General shall 
transfer to this account all funds made available to the Department of 
Justice for the purchase of portable and mobile radios:  Provided 
further, That any transfer made under the preceding proviso shall be 
subject to section 505 of this Act.

                   administrative review and appeals

                     (including transfer of funds)

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $294,082,000, of 
which $4,000,000 shall be derived by transfer from the Executive Office 
for Immigration Review fees deposited in the ``Immigration Examinations 
Fee'' account.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,563,453,000, to remain available until expended:  Provided, That the 
Trustee shall be responsible for managing the Justice Prisoner and 
Alien Transportation System:  Provided further, That not to exceed 
$20,000,000 shall be considered ``funds appropriated for State and 
local law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$84,199,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character.

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized, $12,577,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including not to exceed $20,000 
for expenses of collecting evidence, to be expended under the direction 
of, and to be accounted for solely under the certificate of, the 
Attorney General; and rent of private or Government-owned space in the 
District of Columbia, $846,099,000, of which not to exceed $10,000,000 
for litigation support contracts shall remain available until expended: 
 Provided, That of the total amount appropriated, not to exceed $7,500 
shall be available to INTERPOL Washington for official reception and 
representation expenses:  Provided further, That notwithstanding 
section 205 of this Act, upon a determination by the Attorney General 
that emergent circumstances require additional funding for litigation 
activities of the Civil Division, the Attorney General may transfer 
such amounts to ``Salaries and Expenses, General Legal Activities'' 
from available appropriations for the current fiscal year for the 
Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section:  
Provided further, That of the amount appropriated, such sums as may be 
necessary shall be available to reimburse the Office of Personnel 
Management for salaries and expenses associated with the election 
monitoring program under section 8 of the Voting Rights Act of 1965 (42 
U.S.C. 1973f):  Provided further, That of the amounts provided under 
this heading for the election monitoring program $3,390,000, shall 
remain available until expended.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $7,833,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $159,587,000, to remain available until expended:  Provided, That 
notwithstanding any other provision of law, fees collected for 
premerger notification filings under the Hart-Scott-Rodino Antitrust 
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of 
collection (and estimated to be $108,000,000 in fiscal year 2012), 
shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended:  Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such offsetting collections are received during fiscal 
year 2012, so as to result in a final fiscal year 2012 appropriation 
from the general fund estimated at $51,587,000.

             salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,891,532,000:  Provided, That of the total amount appropriated, not 
to exceed $6,000 shall be available for official reception and 
representation expenses:  Provided further, That not to exceed 
$25,000,000 shall remain available until expended:  Provided further, 
That of the amount provided under this heading, not less than 
$43,184,000 shall be used for salaries and expenses for assistant U.S. 
Attorneys to carry out section 704 of the Adam Walsh Child Protection 
and Safety Act of 2006 (Public Law 109-248) concerning the prosecution 
of offenses relating to the sexual exploitation of children.

                   united states trustee system fund

    For necessary expenses of the United States Trustee Program, as 
authorized, $234,115,000, to remain available until expended and to be 
derived from the United States Trustee System Fund:  Provided, That 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors:  Provided further, That, notwithstanding any other 
provision of law, $234,115,000 of offsetting collections pursuant to 28 
U.S.C. 589a(b) shall be retained and used for necessary expenses in 
this appropriation and shall remain available until expended:  Provided 
further, That the sum herein appropriated from the Fund shall be 
reduced as such offsetting collections are received during fiscal year 
2012, so as to result in a final fiscal year 2012 appropriation from 
the Fund estimated at $0.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $2,071,000.

                     fees and expenses of witnesses

    For fees and expenses of witnesses, for expenses of contracts for 
the procurement and supervision of expert witnesses, for private 
counsel expenses, including advances, and for expenses of foreign 
counsel, $270,000,000, to remain available until expended:  Provided, 
That not to exceed $10,000,000 may be made available for construction 
of buildings for protected witness safesites:  Provided further, That 
not to exceed $3,000,000 may be made available for the purchase and 
maintenance of armored and other vehicles for witness security 
caravans:  Provided further, That not to exceed $11,000,000 may be made 
available for the purchase, installation, maintenance, and upgrade of 
secure telecommunications equipment and a secure automated information 
network to store and retrieve the identities and locations of protected 
witnesses.

           salaries and expenses, community relations service

    For necessary expenses of the Community Relations Service, 
$11,227,000:  Provided, That notwithstanding section 205 of this Act, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict resolution and 
violence prevention activities of the Community Relations Service, the 
Attorney General may transfer such amounts to the Community Relations 
Service, from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), 
$20,990,000, to be derived from the Department of Justice Assets 
Forfeiture Fund.

                     United States Marshals Service

                         salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$1,111,041,000; of which not to exceed $10,000,000 shall be available 
for necessary expenses for increased deputy marshals and staff related 
to Southwest border enforcement until September 30, 2012; of which not 
to exceed $6,000 shall be available for official reception and 
representation expenses; and of which not to exceed $20,000,000 shall 
remain available until expended.

                              construction

    For construction in space controlled, occupied or utilized by the 
United States Marshals Service for prisoner holding and related 
support, $20,250,000, of which $8,250,000 shall be available for 
detention upgrades at Federal courthouses located in the Southwest 
border region, to remain available until expended; of which not less 
than $9,696,000 shall be available for the costs of courthouse security 
equipment, including furnishings, relocations, and telephone systems 
and cabling.

                       National Security Division

                         salaries and expenses

    For expenses necessary to carry out the activities of the National 
Security Division, $86,007,000; of which not to exceed $5,000,000 for 
information technology systems shall remain available until expended:  
Provided, That notwithstanding section 205 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this 
heading from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances:  Provided further, That any transfer pursuant to the 
preceding proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the identification, investigation, and 
prosecution of individuals associated with the most significant drug 
trafficking and affiliated money laundering organizations not otherwise 
provided for, to include inter-governmental agreements with State and 
local law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking, $516,962,000, of which $50,000,000 shall remain available 
until expended:  Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation.

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States, $7,785,000,000, of which not to exceed $150,000,000 shall 
remain available until expended:  Provided, That not to exceed $153,750 
shall be available for official reception and representation expenses.

                              construction

    For all necessary expenses, to include the cost of equipment, 
furniture, and information technology requirements, related to 
construction or acquisition of buildings, facilities and sites by 
purchase, or as otherwise authorized by law; conversion, modification 
and extension of Federally owned buildings; and preliminary planning 
and design of projects; $75,000,000, to remain available until 
expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to 28 U.S.C. 530C; and expenses for 
conducting drug education and training programs, including travel and 
related expenses for participants in such programs and the distribution 
of items of token value that promote the goals of such programs, 
$1,900,084,000; of which not to exceed $75,000,000 shall remain 
available until expended; and of which not to exceed $75,000 shall be 
available for official reception and representation expenses.

                              construction

    For necessary expenses, to include the cost of equipment, 
furniture, and information technology requirements, related to 
construction or acquisition of buildings; and operation and maintenance 
of secure work environment facilities and secure networking 
capabilities; $10,000,000, to remain available until expended.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, not to exceed $30,000 for official reception and 
representation expenses; for training of State and local law 
enforcement agencies with or without reimbursement, including training 
in connection with the training and acquisition of canines for 
explosives and fire accelerants detection; and for provision of 
laboratory assistance to State and local law enforcement agencies, with 
or without reimbursement, $1,090,292,000, of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' fees as 
provided by section 924(d)(2) of title 18, United States Code; and of 
which not to exceed $20,000,000 shall remain available until expended:  
Provided, That no funds appropriated herein shall be available for 
salaries or administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees:  Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 478.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 478.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994:  
Provided further, That none of the funds appropriated herein shall be 
available to investigate or act upon applications for relief from 
Federal firearms disabilities under 18 U.S.C. 925(c):  Provided 
further, That such funds shall be available to investigate and act upon 
applications filed by corporations for relief from Federal firearms 
disabilities under section 925(c) of title 18, United States Code:  
Provided further, That no funds made available by this or any other Act 
may be used to transfer the functions, missions, or activities of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies 
or Departments in fiscal year 2012:  Provided further, That, beginning 
in fiscal year 2012 and thereafter, no funds appropriated under this or 
any other Act may be used to disclose part or all of the contents of 
the Firearms Trace System database maintained by the National Trace 
Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or 
any information required to be kept by licensees pursuant to section 
923(g) of title 18, United States Code, or required to be reported 
pursuant to paragraphs (3) and (7) of such section 923(g), except to: 
(1) a Federal, State, local, or tribal law enforcement agency, or a 
Federal, State, or local prosecutor; or (2) a foreign law enforcement 
agency solely in connection with or for use in a criminal investigation 
or prosecution; or (3) a Federal agency for a national security or 
intelligence purpose; unless such disclosure of such data to any of the 
entities described in (1), (2) or (3) of this proviso would compromise 
the identity of any undercover law enforcement officer or confidential 
informant, or interfere with any case under investigation; and no 
person or entity described in (1), (2) or (3) shall knowingly and 
publicly disclose such data; and all such data shall be immune from 
legal process, shall not be subject to subpoena or other discovery, 
shall be inadmissible in evidence, and shall not be used, relied on, or 
disclosed in any manner, nor shall testimony or other evidence be 
permitted based on the data, in a civil action in any State (including 
the District of Columbia) or Federal court or in an administrative 
proceeding other than a proceeding commenced by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to enforce the provisions of chapter 
44 of such title, or a review of such an action or proceeding; except 
that this proviso shall not be construed to prevent: (A) the disclosure 
of statistical information concerning total production, importation, 
and exportation by each licensed importer (as defined in section 
921(a)(9) of such title) and licensed manufacturer (as defined in 
section 921(a)(10) of such title); (B) the sharing or exchange of such 
information among and between Federal, State, local, or foreign law 
enforcement agencies, Federal, State, or local prosecutors, and Federal 
national security, intelligence, or counterterrorism officials; or (C) 
the publication of annual statistical reports on products regulated by 
the Bureau of Alcohol, Tobacco, Firearms and Explosives, including 
total production, importation, and exportation by each licensed 
importer (as so defined) and licensed manufacturer (as so defined), or 
statistical aggregate data regarding firearms traffickers and 
trafficking channels, or firearms misuse, felons, and trafficking 
investigations:  Provided further, That no funds made available by this 
or any other Act shall be expended to promulgate or implement any rule 
requiring a physical inventory of any business licensed under section 
923 of title 18, United States Code:  Provided further, That no funds 
under this Act may be used to electronically retrieve information 
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
identification code:  Provided further, That no funds authorized or 
made available under this or any other Act may be used to deny any 
application for a license under section 923 of title 18, United States 
Code, or renewal of such a license due to a lack of business activity, 
provided that the applicant is otherwise eligible to receive such a 
license, and is eligible to report business income or to claim an 
income tax deduction for business expenses under the Internal Revenue 
Code of 1986.

                         Federal Prison System

                         salaries and expenses

    For necessary expenses of the Federal Prison System for the 
administration, operation, and maintenance of Federal penal and 
correctional institutions, including purchase (not to exceed 835, of 
which 808 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$6,589,781,000:  Provided, That the Attorney General may transfer to 
the Health Resources and Services Administration such amounts as may be 
necessary for direct expenditures by that Administration for medical 
relief for inmates of Federal penal and correctional institutions:  
Provided further, That the Director of the Federal Prison System, where 
necessary, may enter into contracts with a fiscal agent or fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the Federal Prison System, furnish health 
services to individuals committed to the custody of the Federal Prison 
System:  Provided further, That not to exceed $4,500 shall be available 
for official reception and representation expenses:  Provided further, 
That not to exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2013:  Provided further, That, of the 
amounts provided for contract confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980 (8 U.S.C. 1522 note), for the care and security in the United 
States of Cuban and Haitian entrants:  Provided further, That the 
Director of the Federal Prison System may accept donated property and 
services relating to the operation of the prison card program from a 
not-for-profit entity which has operated such program in the past 
notwithstanding the fact that such not-for-profit entity furnishes 
services under contracts to the Federal Prison System relating to the 
operation of pre-release services, halfway houses, or other custodial 
facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$90,000,000, to remain available until expended, of which not less than 
$66,965,000 shall be available only for modernization, maintenance and 
repair, and of which not to exceed $14,000,000 shall be available to 
construct areas for inmate work programs:  Provided, That labor of 
United States prisoners may be used for work performed under this 
appropriation:  Provided further, That none of the funds provided under 
this heading in this or any prior Act shall be available for the 
acquisition of any facility that is to be used wholly or in part for 
the incarceration or detention of any individual detained at Naval 
Station, Guantanamo Bay, Cuba, as of June 24, 2009.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $2,700,000 of the funds of the Federal Prison 
Industries, Incorporated shall be available for its administrative 
expenses, and for services as authorized by section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed accounting 
system, and such amounts shall be exclusive of depreciation, payment of 
claims, and expenditures which such accounting system requires to be 
capitalized or charged to cost of commodities acquired or produced, 
including selling and shipping expenses, and expenses in connection 
with acquisition, construction, operation, maintenance, improvement, 
protection, or disposition of facilities and other property belonging 
to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women, as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647) 
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end 
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the 
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 
et seq.) (``the 1974 Act''); the Victims of Trafficking and Violence 
Protection Act of 2000 (Public Law 106-386) (``the 2000 Act''); and the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); and for related victims 
services, $417,663,000, to remain available until expended:  Provided, 
That except as otherwise provided by law, not to exceed 3 percent of 
funds made available under this heading may be used for expenses 
related to evaluation, training, and technical assistance:  Provided 
further, That of the amount provided--
            (1) $194,000,000 is for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which, 
        notwithstanding such part T, $10,000,000 shall be available for 
        programs relating to children exposed to violence;
            (2) $25,000,000 is for transitional housing assistance 
        grants for victims of domestic violence, stalking or sexual 
        assault as authorized by section 40299 of the 1994 Act;
            (3) $3,000,000 is for the National Institute of Justice for 
        research and evaluation of violence against women and related 
        issues addressed by grant programs of the Office on Violence 
        Against Women;
            (4) $10,000,000 is for a grant program to provide services 
        to advocate for and respond to youth victims of domestic 
        violence, dating violence, sexual assault, and stalking; 
        assistance to children and youth exposed to such violence; 
        programs to engage men and youth in preventing such violence; 
        and assistance to middle and high school students through 
        education and other services related to such violence:  
        Provided, That unobligated balances available for the programs 
        authorized by sections 41201, 41204, 41303 and 41305 of the 
        1994 Act shall be available for this program:  Provided 
        further, That 10 percent of the total amount available for this 
        grant program shall be available for grants under the program 
        authorized by section 2015 of the 1968 Act;
            (5) $45,913,000 is for grants to encourage arrest policies 
        as authorized by part U of the 1968 Act, of which $5,000,000 is 
        for a homicide initiative;
            (6) $25,000,000 is for sexual assault victims assistance, 
        as authorized by section 41601 of the 1994 Act;
            (7) $34,000,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (8) $9,000,000 is for grants to reduce violent crimes 
        against women on campus, as authorized by section 304 of the 
        2005 Act;
            (9) $45,000,000 is for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (10) $4,000,000 is for enhanced training and services to 
        end violence against and abuse of women in later life, as 
        authorized by section 40802 of the 1994 Act;
            (11) $11,250,000 is for the safe havens for children 
        program, as authorized by section 1301 of the 2000 Act;
            (12) $5,000,000 is for education and training to end 
        violence against and abuse of women with disabilities, as 
        authorized by section 1402 of the 2000 Act;
            (13) $4,000,000 is for the court training and improvements 
        program, as authorized by section 41002 of the 1994 Act, of 
        which $1,000,000 is to be used for a family court initiative;
            (14) $1,000,000 is for the National Resource Center on 
        Workplace Responses to assist victims of domestic violence, as 
        authorized by section 41501 of the 1994 Act;
            (15) $1,000,000 is for analysis and research on violence 
        against Indian women, as authorized by section 904 of the 2005 
        Act; and
            (16) $500,000 is for the Office on Violence Against Women 
        to establish a national clearinghouse that provides training 
        and technical assistance on issues relating to sexual assault 
        of American Indian and Alaska Native women.

                         salaries and expenses

    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Office on Violence 
Against Women, $20,580,000.

                       Office of Justice Programs

                  research, evaluation, and statistics

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act)''; the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``the 1974 Act''); the Missing Children's 
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and 
Other Tools to end the Exploitation of Children Today Act of 2003 
(Public Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 Act''); 
the Victims of Child Abuse Act of 1990 (Public Law 101-647); the Second 
Chance Act of 2007 (Public Law 110-199); the Victims of Crime Act of 
1984 (Public Law 98-473); the Adam Walsh Child Protection and Safety 
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the PROTECT 
Our Children Act of 2008 (Public Law 110-401); subtitle D of title II 
of the Homeland Security Act of 2002 (Public Law 107-296) (``the 2002 
Act''); and other programs; $121,000,000, to remain available until 
expended, of which--
            (1) $45,000,000 is for criminal justice statistics 
        programs, and other activities, as authorized by part C of 
        title I of the 1968 Act, of which $36,000,000 is for the 
        administration and redesign of the National Crime Victimization 
        Survey;
            (2) $40,000,000 is for research, development, and 
        evaluation programs, and other activities as authorized by part 
        B of title I of the 1968 Act and subtitle D of title II of the 
        2002 Act:  Provided, That of the amounts provided under this 
        heading, $5,000,000 is transferred directly to the National 
        Institute of Standards and Technology's Office of Law 
        Enforcement Standards from the National Institute of Justice 
        for research, testing and evaluation programs;
            (3) $1,000,000 is for an evaluation clearinghouse program; 
        and
            (4) $35,000,000 is for regional information sharing 
        activities, as authorized by part M of title I of the 1968 Act.

               state and local law enforcement assistance

                     (including transfer of funds)

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647) (``the 1990 Act''); the Trafficking Victims 
Protection Reauthorization Act of 2005 (Public Law 109-164); the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh Child 
Protection and Safety Act of 2006 (Public Law 109-248) (``the Adam 
Walsh Act''); the Victims of Trafficking and Violence Protection Act of 
2000 (Public Law 106-386); the NICS Improvement Amendments Act of 2007 
(Public Law 110-180); subtitle D of title II of the Homeland Security 
Act of 2002 (Public Law 107-296) (``the 2002 Act''); the Second Chance 
Act of 2007 (Public Law 110-199); the Prioritizing Resources and 
Organization for Intellectual Property Act of 2008 (Public Law 110-
403); the Victims of Crime Act of 1984 (Public Law 98-473); the 
Mentally Ill Offender Treatment and Crime Reduction Reauthorization and 
Improvement Act of 2008 (Public Law 110-416); and other programs; 
$1,063,498,000, to remain available until expended as follows--
            (1) $395,000,000 for the Edward Byrne Memorial Justice 
        Assistance Grant program as authorized by subpart 1 of part E 
        of title I of the 1968 Act (except that section 1001(c), and 
        the special rules for Puerto Rico under section 505(g), of 
        title I of the 1968 Act shall not apply for purposes of this 
        Act); and, notwithstanding such subpart 1, to support 
        innovative, place-based, evidence-based approaches to fighting 
        crime and improving public safety, of which $3,000,000 is for a 
        program to improve State and local law enforcement intelligence 
        capabilities including antiterrorism training and training to 
        ensure that constitutional rights, civil liberties, civil 
        rights, and privacy interests are protected throughout the 
        intelligence process, $4,000,000 is for a State and local 
        assistance help desk and diagnostic center program, $5,000,000 
        is for a program to improve State, local and tribal probation 
        supervision efforts and strategies, and $3,000,000 is for a 
        Preventing Violence Against Law Enforcement Officer Resilience 
        and Survivability Initiative (VALOR):  Provided, That funds 
        made available under this heading may be used at the discretion 
        of the Assistant Attorney General for the Office of Justice 
        Programs to train Federal law enforcement under the VALOR 
        Officer Safety Training Initiative;
            (2) $273,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5)):  Provided, That no 
        jurisdiction shall request compensation for any cost greater 
        than the actual cost for Federal immigration and other 
        detainees housed in State and local detention facilities;
            (3) $20,000,000 for the Northern and Southwest Border 
        Prosecutor Initiatives to reimburse State, county, parish, 
        tribal or municipal governments for costs associated with the 
        prosecution of criminal cases declined by local offices of the 
        United States Attorneys;
            (4) $21,000,000 for competitive grants to improve the 
        functioning of the criminal justice system, to prevent or 
        combat juvenile delinquency, and to assist victims of crime 
        (other than compensation);
            (5) $10,500,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386 and for programs authorized under Public Law 109-164:  
        Provided, That no less than $4,690,000 shall be for victim 
        services grants for foreign national victims of trafficking;
            (6) $35,000,000 for Drug Courts, as authorized by section 
        1001(25)(A) of title I of the 1968 Act;
            (7) $9,000,000 for mental health courts and adult and 
        juvenile collaboration program grants, as authorized by parts V 
        and HH of title I of the 1968 Act, and the Mentally Ill 
        Offender Treatment and Crime Reduction Reauthorization and 
        Improvement Act of 2008 (Public Law 110-416);
            (8) $10,000,000 for grants for Residential Substance Abuse 
        Treatment for State Prisoners, as authorized by part S of title 
        I of the 1968 Act;
            (9) $4,000,000 for the Capital Litigation Improvement Grant 
        Program, as authorized by section 426 of Public Law 108-405;
            (10) $10,000,000 for economic, high technology and Internet 
        crime prevention grants, as authorized by section 401 of Public 
        Law 110-403;
            (11) $5,000,000 for a student loan repayment assistance 
        program pursuant to section 952 of Public Law 110-315;
            (12) $23,000,000 for activities, including sex offender 
        management assistance, authorized by the Adam Walsh Act and the 
        Violent Crime Control Act of 1994 (Public Law 103-322);
            (13) $10,000,000 for an initiative relating to children 
        exposed to violence;
            (14) $20,000,000 for an Edward Byrne Memorial criminal 
        justice innovation program;
            (15) $24,850,000 for the matching grant program for law 
        enforcement armor vests, as authorized by section 2501 of title 
        I of the 1968 Act:  Provided, That $1,500,000 is transferred 
        directly to the National Institute of Standards and 
        Technology's Office of Law Enforcement Standards for research, 
        testing and evaluation programs;
            (16) $1,000,000 for the National Sex Offender Public Web 
        site;
            (17) $10,000,000 for competitive and evidence-based 
        programs to reduce gun crime and gang violence;
            (18) $10,000,000 for grants to assist State and tribal 
        governments as authorized by the NICS Improvement Amendments 
        Act of 2007 (Public Law 110-180);
            (19) $8,000,000 for the National Criminal History 
        Improvement Program for grants to upgrade criminal records;
            (20) $15,000,000 for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act;
            (21) $131,000,000 for DNA-related and forensic programs and 
        activities, of which--
                    (A) $123,000,000 is for the purposes of DNA 
                analysis and DNA capacity enhancement as defined in the 
                DNA Analysis Backlog Elimination Act of 2000 (the 
                Debbie Smith DNA Backlog Grant Program), of which not 
                less than $85,500,000 is to be used for grants to crime 
                laboratories for purposes under 42 U.S.C. 14135, 
                section (a); not less than $11,000,000 is to be used 
                for the purposes of the Solving Cold Cases with DNA 
                Grant Program; not less than $11,000,000 is to be used 
                to audit and report on the extent of the backlog; and 
                the remainder of funds appropriated under this 
                paragraph may be used to support training programs 
                specific to the needs of DNA laboratory personnel, and 
                for programs outlined in sections 303, 304, 305 and 308 
                of Public Law 108-405;
                    (B) $4,000,000 is for the purposes described in the 
                Kirk Bloodsworth Post-Conviction DNA Testing Program 
                (Public Law 108-405, section 412); and
                    (C) $4,000,000 is for Sexual Assault Forensic Exam 
                Program Grants as authorized by section 304 of Public 
                Law 108-405.
            (22) $2,500,000 for the court-appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;
            (23) $1,500,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act; and
            (24) $3,000,000 for grants and technical assistance in 
        support of the National Forum on Youth Violence Prevention:
  Provided,  That if a unit of local government uses any of the funds 
made available under this heading to increase the number of law 
enforcement officers, the unit of local government will achieve a net 
gain in the number of law enforcement officers who perform non-
administrative public sector safety service.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the 1974 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968 (``the 1968 Act''); the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); 
the Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-248) 
(``the Adam Walsh Act''); the PROTECT Our Children Act of 2008 (Public 
Law 110-401); and other juvenile justice programs, $251,000,000, to 
remain available until expended as follows--
            (1) $45,000,000 for programs authorized by section 221 of 
        the 1974 Act, and for training and technical assistance to 
        assist small, non-profit organizations with the Federal grants 
        process;
            (2) $55,000,000 for youth mentoring grants;
            (3) $33,000,000 for delinquency prevention, as authorized 
        by section 505 of the 1974 Act, of which, pursuant to sections 
        261 and 262 thereof--
                    (A) $15,000,000 shall be for the Tribal Youth 
                Program;
                    (B) $8,000,000 shall be for gang and youth violence 
                education, prevention and intervention, and related 
                activities; and
                    (C) $10,000,000 shall be for programs and 
                activities to enforce State laws prohibiting the sale 
                of alcoholic beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, for 
                prevention and reduction of consumption of alcoholic 
                beverages by minors, and for technical assistance and 
                training;
            (4) $20,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990;
            (5) $30,000,000 for the Juvenile Accountability Block 
        Grants program as authorized by part R of title I of the 1968 
        Act and Guam shall be considered a State;
            (6) $8,000,000 for community-based violence prevention 
        initiatives; and
            (7) $60,000,000 for missing and exploited children 
        programs, including as authorized by sections 404(b) and 405(a) 
        of the 1974 Act:
  Provided, That not more than 10 percent of each amount may be used 
for research, evaluation, and statistics activities designed to benefit 
the programs or activities authorized:  Provided further, That not more 
than 2 percent of each amount may be used for training and technical 
assistance:  Provided further, That the previous two provisos shall not 
apply to grants and projects authorized by sections 261 and 262 of the 
1974 Act.

                         salaries and expenses

    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Office of Justice 
Programs, $118,572,000.

                     public safety officer benefits

    For payments and expenses authorized under section 1001(a)(4) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968, such 
sums as are necessary (including amounts for administrative costs, 
which amounts shall be paid to the ``Salaries and Expenses'' account), 
to remain available until expended; and $16,300,000 for payments 
authorized by section 1201(b) of such Act and for educational 
assistance authorized by section 1218 of such Act, to remain available 
until expended:  Provided, That notwithstanding section 205 of this 
Act, upon a determination by the Attorney General that emergent 
circumstances require additional funding for such disability and 
education payments, the Attorney General may transfer such amounts to 
``Public Safety Officer Benefits'' from available appropriations for 
the current fiscal year for the Department of Justice as may be 
necessary to respond to such circumstances:  Provided further, That any 
transfer pursuant to the previous proviso shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                  Community Oriented Policing Services

             community oriented policing services programs

                     (including transfers of funds)

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); and the Violence 
Against Women and Department of Justice Reauthorization Act of 2005 
(Public Law 109-162) (``the 2005 Act''), $231,500,000, to remain 
available until expended:  Provided, That any balances made available 
through prior year deobligations shall only be available in accordance 
with section 505 of this Act. Of the amount provided:
            (1) $1,500,000 is for research, testing, and evaluation 
        programs regarding law enforcement technologies and 
        interoperable communications, and related law enforcement and 
        public safety equipment, which shall be transferred directly to 
        the National Institute of Standards and Technology's Office of 
        Law Enforcement Standards from the Community Oriented Policing 
        Services Office;
            (2) $10,000,000 is for anti-methamphetamine-related 
        activities, which shall be transferred to the Drug Enforcement 
        Administration upon enactment of this Act;
            (3) $20,000,000 is for improving tribal law enforcement, 
        including hiring, equipment, training, and anti-methamphetamine 
        activities; and
            (4) $200,000,000 is for grants under section 1701 of title 
        I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and 
        rehiring of additional career law enforcement officers under 
        part Q of such title notwithstanding subsection (i) of such 
        section:  Provided, That notwithstanding subsection (g) of the 
        1968 Act (42 U.S.C. 3796dd), the Federal share of the costs of 
        a project funded by such grants may not exceed 75 percent 
        unless the Director of the Office of Community Oriented 
        Policing Services waives, wholly or in part, the requirement of 
        a non-Federal contribution to the costs of a project:  Provided 
        further, That notwithstanding 42 U.S.C. 3796dd-3(c), funding 
        for hiring or rehiring a career law enforcement officer may not 
        exceed $125,000, unless the Director of the Office of Community 
        Oriented Policing Services grants a waiver from this 
        limitation:  Provided further, That within the amounts 
        appropriated, $28,000,000 shall be used for the hiring and 
        rehiring of tribal law enforcement officers:  Provided further, 
        That within the amounts appropriated, $10,000,000 is for 
        community policing development activities.

                         salaries and expenses

    For necessary expenses, not elsewhere specified in this title, for 
management and administration of programs within the Community Oriented 
Policing Services Office, $24,500,000.

               General Provisions--Department of Justice

    Sec. 201.  In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $50,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses.
    Sec. 202.  None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape:  Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 203.  None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 204.  Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility:  Provided, That nothing in this section in any 
way diminishes the effect of section 203 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 205.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers:  Provided, 
That any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 206.  The Attorney General is authorized to extend through 
September 30, 2013, the Personnel Management Demonstration Project 
transferred to the Attorney General pursuant to section 1115 of the 
Homeland Security Act of 2002, Public Law 107-296 (28 U.S.C. 599B) 
without limitation on the number of employees or the positions covered.
    Sec. 207.  Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives that is necessary for the detection 
and prosecution of crimes against the United States.
    Sec. 208.  None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 209. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 210.  None of the funds made available under this title shall 
be obligated or expended for any new or enhanced information technology 
program having total estimated development costs in excess of 
$100,000,000, unless the Deputy Attorney General and the investment 
review board certify to the Committees on Appropriations that the 
information technology program has appropriate program management and 
contractor oversight mechanisms in place, and that the program is 
compatible with the enterprise architecture of the Department of 
Justice.
    Sec. 211.  The notification thresholds and procedures set forth in 
section 505 of this Act shall apply to deviations from the amounts 
designated for specific activities in this Act and accompanying 
statement, and to any use of deobligated balances of funds provided 
under this title in previous years.
    Sec. 212.  None of the funds appropriated by this Act may be used 
to plan for, begin, continue, finish, process, or approve a public-
private competition under the Office of Management and Budget Circular 
A-76 or any successor administrative regulation, directive, or policy 
for work performed by employees of the Bureau of Prisons or of Federal 
Prison Industries, Incorporated.
    Sec. 213.  Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States 
Attorney from the residency requirements of 28 U.S.C. 545.
    Sec. 214.  At the discretion of the Attorney General, and in 
addition to any amounts that otherwise may be available (or authorized 
to be made available) by law, with respect to funds appropriated by 
this Act under the headings for ``Research Evaluation and Statistics'', 
``State and Local Law Enforcement Assistance'', and ``Juvenile Justice 
Programs''--
            (1) Up to 3 percent of funds made available for grant or 
        reimbursement programs may be used to provide training and 
        technical assistance;
            (2) Up to 3 percent of funds made available for grant or 
        reimbursement programs under such headings, except for amounts 
        appropriated specifically for research, evaluation, or 
        statistical programs administered by the National Institute of 
        Justice and the Bureau of Justice Statistics, shall be 
        transferred to and merged with funds provided to the National 
        Institute of Justice and the Bureau of Justice Statistics, to 
        be used by them for research, evaluation or statistical 
        purposes, without regard to the authorizations for such grant 
        or reimbursement programs, and of such amounts, $1,300,000 
        shall be transferred to the Bureau of Prisons for Federal 
        inmate research and evaluation purposes; and
            (3) 7 percent of funds made available for grant or 
        reimbursement programs:
                    (A) under the heading ``State and Local Law 
                Enforcement Assistance''; or
                    (B) under the headings ``Research, Evaluation and 
                Statistics'' and ``Juvenile Justice Programs'', to be 
                transferred to and merged with funds made available 
                under the heading ``State and Local Law Enforcement 
                Assistance'', shall be available for tribal criminal 
                justice assistance without regard to the authorizations 
                for such grant or reimbursement programs.
    Sec. 215.  Notwithstanding any other provision of law, section 
20109(a), in subtitle A of title II of the Violent Crime Control and 
Law Enforcement Act of 1994 (42 U.S.C. 13709(a)), shall not apply to 
amounts made available by this title.
    Sec. 216.  Section 530A of title 28, United States Code, is hereby 
amended by replacing ``appropriated'' with ``used from 
appropriations'', and by inserting ``(2),'' before ``(3)''.
    Sec. 217. (a) Within 30 days of enactment of this Act, the Attorney 
General shall report to the Committees on Appropriations of the House 
of Representatives and the Senate a cost and schedule estimate for the 
final operating capability of the Federal Bureau of Investigation's 
Sentinel program, including the costs of Bureau employees engaged in 
development work, the costs of operating and maintaining Sentinel for 2 
years after achievement of the final operating capability, and a 
detailed list of the functionalities included in the final operating 
capability compared to the functionalities included in the previous 
program baseline.
    (b) The report described in subsection (a) shall be submitted 
concurrently to the Department of Justice Office of Inspector General 
(OIG) and, within 60 days of receiving such report, the OIG shall 
provide an assessment of such report to the Committees on 
Appropriations of the House of Representatives and the Senate.
    Sec. 218.  No funds made available under this Act shall be used to 
allow the knowing transfer of firearms to agents of drug cartels where 
law enforcement personnel of the United States do not continuously 
monitor or control such firearms at all times.

                evaluation of gulf coast claims facility

    Sec. 219.  The Attorney General shall identify an independent 
auditor to evaluate the Gulf Coast Claims Facility.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2012''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601-6671), hire of passenger motor vehicles, and services as 
authorized by 5 U.S.C. 3109, not to exceed $2,100 for official 
reception and representation expenses, and rental of conference rooms 
in the District of Columbia, $6,000,000.

             National Aeronautics and Space Administration

                                science

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science research and development activities, including 
research, development, operations, support, and services; maintenance 
and repair, facility planning and design; space flight, spacecraft 
control, and communications activities; program management; personnel 
and related costs, including uniforms or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire of 
passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $5,100,000,000, 
to remain available until September 30, 2013, of which up to 
$10,000,000 shall be available for a reimbursable agreement with the 
Department of Energy for the purpose of re-establishing facilities to 
produce fuel required for radio-isotope thermoelectric generators to 
enable future missions:  Provided, That the development cost (as 
defined under 51 U.S.C. 30104) for the James Webb Space Telescope shall 
not exceed $8,000,000,000:  Provided further, That should the 
individual identified under subparagraph (c)(2)(E) of section 30104 of 
title 51 as responsible for the James Webb Space Telescope determine 
that the development cost of the program is likely to exceed that 
limitation, the individual shall immediately notify the Administrator 
and the increase shall be treated as if it meets the 30 percent 
threshold described in subsection (f) of section 30104 of title 51.

                              aeronautics

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aeronautics research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire 
of passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $501,000,000, to 
remain available until September 30, 2013.

                            space technology

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space research and technology development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire 
of passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $637,000,000, to 
remain available until September 30, 2013.

                              exploration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration research and development activities, 
including research, development, operations, support, and services; 
maintenance and repair, facility planning and design; space flight, 
spacecraft control, and communications activities; program management, 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire 
of passenger motor vehicles; and purchase, lease, charter, maintenance, 
and operation of mission and administrative aircraft, $3,775,000,000, 
to remain available until September 30, 2013:  Provided, That not less 
than $1,200,000,000 shall be for the Orion multipurpose crew vehicle, 
not less than $1,800,000,000 shall be for the heavy lift launch vehicle 
system which shall have a lift capacity not less than 130 tons and 
which shall have an upper stage and other core elements developed 
simultaneously, $500,000,000 shall be for commercial spaceflight 
activities, and $275,000,000 shall be for exploration research and 
development:  Provided further, That $192,600,000 of the funds provided 
for commercial spaceflight activities shall only be available after the 
NASA Administrator certifies to the Committees on Appropriations, in 
writing, that NASA has published the required notifications of NASA 
contract actions implementing the acquisition strategy for the heavy 
lift launch vehicle system identified in section 302 of Public Law 111-
267 and has begun to execute relevant contract actions in support of 
development of the heavy lift launch vehicle system:  Provided further, 
That funds made available under this heading within this Act may be 
transferred to ``Construction and Environmental Compliance and 
Restoration'' for construction activities related to the Orion 
multipurpose crew vehicle and the heavy lift launch vehicle system:  
Provided further, That funds so transferred shall be subject to the 5 
percent but shall not be subject to the 10 percent transfer limitation 
described under the Administrative Provisions in this Act for the 
National Aeronautics and Space Administration, shall be available until 
September 30, 2017, and shall be treated as a reprogramming under 
section 505 of this Act.

                            space operations

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space operations research and development activities, 
including research, development, operations, support and services; 
space flight, spacecraft control and communications activities 
including operations, production, and services; maintenance and repair, 
facility planning and design; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; and purchase, lease, charter, maintenance and operation of 
mission and administrative aircraft, $4,285,000,000, to remain 
available until September 30, 2013:  Provided, That of the amounts 
provided under this heading, not more than $650,900,000 shall be for 
Space Shuttle operations, production, research, development, and 
support, not more than $2,803,500,000 shall be for International Space 
Station operations, production, research, development, and support, not 
more than $168,000,000 shall be for the 21st Century Launch Complex, 
and not more than $662,600,000 shall be for Space and Flight Support:  
Provided further, That funds made available under this heading for 21st 
Century Launch Complex may be transferred to ``Construction and 
Environmental Compliance and Restoration'' for construction activities 
only at NASA-owned facilities:  Provided further, That funds so 
transferred shall not be subject to the transfer limitations described 
in the Administrative Provisions in this Act for the National 
Aeronautics and Space Administration, shall be available until 
September 30, 2017, and shall be treated as a reprogramming under 
section 505 of this Act.

                               education

    For necessary expenses, not otherwise provided for, in carrying out 
aerospace and aeronautical education research and development 
activities, including research, development, operations, support, and 
services; program management; personnel and related costs, uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; and purchase, 
lease, charter, maintenance, and operation of mission and 
administrative aircraft, $138,400,000, to remain available until 
September 30, 2013.

                          cross agency support

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics, exploration, space operations and 
education research and development activities, including research, 
development, operations, support, and services; maintenance and repair, 
facility planning and design; space flight, spacecraft control, and 
communications activities; program management; personnel and related 
costs, including uniforms or allowances therefor, as authorized by 5 
U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; not to exceed $52,500 for official reception and 
representation expenses; and purchase, lease, charter, maintenance, and 
operation of mission and administrative aircraft, $3,043,073,000:  
Provided, That not less than $39,100,000 shall be available for 
independent verification and validation activities:  Provided further, 
That contracts may be entered into under this heading in fiscal year 
2012 for maintenance and operation of facilities, and for other 
services, to be provided during the next fiscal year.

       construction and environmental compliance and restoration

    For necessary expenses for construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law, and environmental 
compliance and restoration, $422,000,000, to remain available until 
September 30, 2017:  Provided, That hereafter, notwithstanding section 
315 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 
2459j), all proceeds from leases entered into under that section shall 
be deposited into this account and shall be available for a period of 5 
years, to the extent provided in annual appropriations Acts:  Provided 
further, That such proceeds shall be available for obligation for 
fiscal year 2012 in an amount not to exceed $3,960,000:  Provided 
further, That each annual budget request shall include an annual 
estimate of gross receipts and collections and proposed use of all 
funds collected pursuant to section 315 of the National Aeronautics and 
Space Act of 1958 (42 U.S.C. 2459j).

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, $37,300,000.

                       administrative provisions

    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed 
or the offer is withdrawn.
    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Aeronautics and Space 
Administration in this Act may be transferred between such 
appropriations, but no such appropriation, except as otherwise 
specifically provided, shall be increased by more than 10 percent by 
any such transfers. Balances so transferred shall be merged with and 
available for the same purposes and the same time period as the 
appropriations to which transferred. Any transfer pursuant to this 
provision shall be treated as a reprogramming of funds under section 
505 of this Act and shall not be available for obligation except in 
compliance with the procedures set forth in that section.
    The unexpired balances of previous accounts, for activities for 
which funds are provided under this Act, may be transferred to the new 
accounts established in this Act that provide such activity. Balances 
so transferred shall be merged with the funds in the newly established 
accounts, but shall be available under the same terms, conditions and 
period of time as previously appropriated.
    Section 40902 of title 51, United States Code, is amended by adding 
at the end the following:
    ``(d) Availability of Funds.--The interest accruing from the 
National Aeronautics and Space Administration Endeavor Teacher 
Fellowship Trust Fund principal shall be available in fiscal year 2012 
for the purpose of the Endeavor Science Teacher Certificate Program.''.
    Section 20145(b)(1) of title 51 is amended by inserting ``(A)'' 
before ``A person'' and adding at the end thereof the following new 
subparagraph (B) as follows:
                    ``(B) Notwithstanding subparagraph (A), the 
                Administrator may accept in-kind consideration for 
                leases entered into for the purpose of developing 
                renewable energy production facilities.''.
    The spending plan required by section 540 of this Act shall be 
provided by NASA at the theme, program, project and activity level. The 
spending plan, as well as any subsequent change of an amount 
established in that spending plan that meets the notification 
requirements of section 505 of this Act, shall be treated as a 
reprogramming under section 505 of this Act and shall not be available 
for obligation or expenditure except in compliance with the procedures 
set forth in that section.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act 
to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; and authorized travel; $5,443,000,000, to 
remain available until September 30, 2013, of which not to exceed 
$550,000,000 shall remain available until expended for polar research 
and operations support, and for reimbursement to other Federal agencies 
for operational and science support and logistical and other related 
activities for the United States Antarctic program:  Provided, That 
receipts for scientific support services and materials furnished by the 
National Research Centers and other National Science Foundation 
supported research facilities may be credited to this appropriation:  
Provided further, That not less than $146,830,000 shall be available 
for activities authorized by section 7002(c)(2)(A)(iv) of Public Law 
110-69:  Provided further, That up to $100,000,000 of funds made 
available under this heading within this Act may be transferred to 
``Major Research Equipment and Facilities Construction'':  Provided 
further, That funds so transferred shall not be subject to the transfer 
limitations described in the Administrative Provisions in this Act for 
the National Science Foundation, and shall be available until expended 
only after notification of such transfer to the Committees on 
Appropriations.

          major research equipment and facilities construction

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including 
authorized travel, $117,055,000, to remain available until expended:  
Provided, That none of the funds may be used to reimburse the Judgment 
Fund.

                     education and human resources

    For necessary expenses in carrying out science, mathematics and 
engineering education and human resources programs and activities 
pursuant to the National Science Foundation Act of 1950, as amended (42 
U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109, 
authorized travel, and rental of conference rooms in the District of 
Columbia, $829,000,000, to remain available until September 30, 2013:  
Provided, That not less than $54,890,000 shall be available until 
expended for activities authorized by section 7030 of Public Law 110-
69.

                 agency operations and award management

    For agency operations and award management necessary in carrying 
out the National Science Foundation Act of 1950, as amended (42 U.S.C. 
1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; not to exceed $6,900 for official reception and 
representation expenses; uniforms or allowances therefor, as authorized 
by 5 U.S.C. 5901-5902; rental of conference rooms in the District of 
Columbia; and reimbursement of the Department of Homeland Security for 
security guard services; $290,400,000:  Provided, That contracts may be 
entered into under this heading in fiscal year 2012 for maintenance and 
operation of facilities, and for other services, to be provided during 
the next fiscal year.

                  office of the national science board

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 
1950, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 
et seq.), $4,440,000:  Provided, That not to exceed $2,100 shall be 
available for official reception and representation expenses.

                      office of inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$14,200,000.

                        administrative provision

    Not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the National Science Foundation in this Act may 
be transferred between such appropriations, but no such appropriation 
shall be increased by more than 10 percent by any such transfers. Any 
transfer pursuant to this section shall be treated as a reprogramming 
of funds under section 505 of this Act and shall not be available for 
obligation except in compliance with the procedures set forth in that 
section.
    This title may be cited as the ``Science Appropriations Act, 
2012''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

                     (including transfer of funds)

    For necessary expenses of the Commission on Civil Rights, including 
hire of passenger motor vehicles, $9,193,000:  Provided, That none of 
the funds appropriated in this paragraph shall be used to employ in 
excess of four full-time individuals under Schedule C of the Excepted 
Service exclusive of one special assistant for each Commissioner:  
Provided further, That none of the funds appropriated in this paragraph 
shall be used to reimburse Commissioners for more than 75 billable 
days, with the exception of the chairperson, who is permitted 125 
billable days:  Provided further, That none of the funds appropriated 
in this paragraph shall be used for any activity or expense that is not 
explicitly authorized by 42 U.S.C. 1975a:  Provided further, That there 
shall be an Inspector General at the Commission on Civil Rights who 
shall have the duties, responsibilities, and authorities specified in 
the Inspector General Act of 1978, as amended:  Provided further, That 
an individual appointed to the position of Inspector General of the 
Equal Employment Opportunity Commission (EEOC) shall, by virtue of such 
appointment, also hold the position of Inspector General of the 
Commission on Civil Rights:  Provided further, That the Inspector 
General of the Commission on Civil Rights shall utilize personnel of 
the Office of Inspector General of EEOC in performing the duties of the 
Inspector General of the Commission on Civil Rights, and shall not 
appoint any individuals to positions within the Commission on Civil 
Rights:  Provided further, That of the amounts made available in this 
paragraph, $800,000 shall be transferred directly to the Office of 
Inspector General of EEOC upon enactment of this Act for salaries and 
expenses necessary to carry out the duties of the Inspector General of 
the Commission on Civil Rights.

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964, 
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 
1963, the Americans with Disabilities Act of 1990, the Civil Rights Act 
of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 
(Public Law 110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), 
including services as authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles as authorized by 31 U.S.C. 1343(b); and nonmonetary 
awards to private citizens, $329,837,000:  Provided, That the 
Commission is authorized to make available for official reception and 
representation expenses not to exceed $1,875 from available funds:  
Provided further, That the Commission may take no action to implement 
any workforce repositioning, restructuring, or reorganization until 
such time as the Committees on Appropriations have been notified of 
such proposals, in accordance with the reprogramming requirements of 
section 505 of this Act:  Provided further, That the Chair is 
authorized to accept and use any gift or donation to carry out the work 
of the Commission.

               state and local law enforcement assistance

    For payments to State and local enforcement agencies for authorized 
services to the Commission, $29,400,000.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles, and services as authorized 
by 5 U.S.C. 3109, and not to exceed $1,875 for official reception and 
representation expenses, $80,062,000, to remain available until 
expended.

                       Legal Services Corporation

               payment to the legal services corporation

    For payment to the Legal Services Corporation to carry out the 
purposes of the Legal Services Corporation Act of 1974, $396,106,000, 
of which $370,506,000 is for basic field programs and required 
independent audits; $4,200,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $17,000,000 is for management and 
grants oversight; $3,400,000 is for client self-help and information 
technology; and $1,000,000 is for loan repayment assistance:  Provided, 
That the Legal Services Corporation may continue to provide locality 
pay to officers and employees at a rate no greater than that provided 
by the Federal Government to Washington, DC-based employees as 
authorized by 5 U.S.C. 5304, notwithstanding section 1005(d) of the 
Legal Services Corporation Act, 42 U.S.C. 2996(d):  Provided further, 
That the authorities provided in section 205 of this Act shall be 
applicable to the Legal Services Corporation.

          administrative provision--legal services corporation

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same 
terms and conditions set forth in such sections, except that all 
references in sections 502 and 503 to 1997 and 1998 shall be deemed to 
refer instead to 2011 and 2012, respectively.
    Section 504 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1996 (as contained 
in Public Law 104-134) is amended:
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by inserting after ``)'' the following: ``that uses 
        Federal funds (or funds from any source with regard to 
        paragraphs (14) and (15) in a manner'';
            (2) by striking subsection (d); and
            (3) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission as 
authorized by title II of Public Law 92-522, $3,025,000.

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$46,775,000, of which $1,000,000 shall remain available until expended: 
 Provided, That not to exceed $93,000 shall be available for official 
reception and representation expenses.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1984 (42 
U.S.C. 10701 et seq.) $5,019,000, of which $500,000 shall remain 
available until September 30, 2013:  Provided, That not to exceed 
$1,875 shall be available for official reception and representation 
expenses.

 Commission on Wartime Relocation and Internment of Latin Americans of 
                            Japanese Descent

                         salaries and expenses

    For necessary expenses to carry out the activities of the 
Commission on Wartime Relocation and Internment of Latin Americans of 
Japanese Descent, as authorized by section 541 of this Act, $1,700,000 
shall be available until expended.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 502.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 504.  If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 505. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2012, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through the reprogramming of funds that--
            (1) creates or initiates a new program, project or 
        activity, unless the House and Senate Committees on 
        Appropriations are notified 15 days in advance of such 
        reprogramming of funds;
            (2) eliminates a program, project or activity, unless the 
        House and Senate Committees on Appropriations are notified 15 
        days in advance of such reprogramming of funds;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted by this Act, unless the House and Senate Committees 
        on Appropriations are notified 15 days in advance of such 
        reprogramming of funds;
            (4) relocates an office or employees, unless the House and 
        Senate Committees on Appropriations are notified 15 days in 
        advance of such reprogramming of funds;
            (5) reorganizes or renames offices, programs or activities, 
        unless the House and Senate Committees on Appropriations are 
        notified 15 days in advance of such reprogramming of funds;
            (6) contracts out or privatizes any functions or activities 
        presently performed by Federal employees, unless the House and 
        Senate Committees on Appropriations are notified 15 days in 
        advance of such reprogramming of funds;
            (7) proposes to use funds directed for a specific activity 
        by either the House or Senate Committee on Appropriations for a 
        different purpose, unless the House and Senate Committees on 
        Appropriations are notified 15 days in advance of such 
        reprogramming of funds;
            (8) augments funds for existing programs, projects or 
        activities in excess of $500,000 or 10 percent, whichever is 
        less, or reduces by 10 percent funding for any program, project 
        or activity, or numbers of personnel by 10 percent as approved 
        by Congress, unless the House and Senate Committees on 
        Appropriations are notified 15 days in advance of such 
        reprogramming of funds; or
            (9) results from any general savings, including savings 
        from a reduction in personnel, which would result in a change 
        in existing programs, projects or activities as approved by 
        Congress, unless the House and Senate Committees on 
        Appropriations are notified 15 days in advance of such 
        reprogramming of funds.
    (b) None of the funds in provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2012, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure through the 
reprogramming of funds after August 1, except in extraordinary 
circumstances, and only after the House and Senate Committees on 
Appropriations are notified 30 days in advance of such reprogramming of 
funds.
    Sec. 506.  Hereafter, none of the funds made available in this or 
any other Act may be used to implement, administer, or enforce any 
guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 507.  If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 508.  The Departments of Commerce and Justice, the National 
Science Foundation, and the National Aeronautics and Space 
Administration, shall provide to the House and Senate Committees on 
Appropriations a quarterly accounting of the cumulative balances of any 
unobligated funds that were received by such agency during any previous 
fiscal year.
    Sec. 509.  Any costs incurred by a department or agency funded 
under this Act resulting from, or to prevent, personnel actions taken 
in response to funding reductions included in this Act shall be 
absorbed within the total budgetary resources available to such 
department or agency:  Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act:  Provided further, That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.
    Sec. 510.  None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco products, 
or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products, except 
for restrictions which are not applied equally to all tobacco or 
tobacco products of the same type.
    Sec. 511.  None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.
    Sec. 512.  Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $705,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 513.  None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 514.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 515.  Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol, 
Tobacco, Firearms and Explosives are released without adequate 
disclaimers regarding the limitations of the data.
    (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall 
include in all such data releases, language similar to the following 
that would make clear that trace data cannot be used to draw broad 
conclusions about firearms-related crime:
            (1) Firearm traces are designed to assist law enforcement 
        authorities in conducting investigations by tracking the sale 
        and possession of specific firearms. Law enforcement agencies 
        may request firearms traces for any reason, and those reasons 
        are not necessarily reported to the Federal Government. Not all 
        firearms used in crime are traced and not all firearms traced 
        are used in crime.
            (2) Firearms selected for tracing are not chosen for 
        purposes of determining which types, makes, or models of 
        firearms are used for illicit purposes. The firearms selected 
        do not constitute a random sample and should not be considered 
        representative of the larger universe of all firearms used by 
        criminals, or any subset of that universe. Firearms are 
        normally traced to the first retail seller, and sources 
        reported for firearms traced do not necessarily represent the 
        sources or methods by which firearms in general are acquired 
        for use in crime.
    Sec. 517. (a) The Inspectors General of the Department of Commerce, 
the Department of Justice, the National Aeronautics and Space 
Administration, the National Science Foundation, and the Legal Services 
Corporation shall conduct audits, pursuant to the Inspector General Act 
(5 U.S.C. App.), of grants or contracts for which funds are 
appropriated by this Act, and shall submit reports to Congress on the 
progress of such audits, which may include preliminary findings and a 
description of areas of particular interest, within 180 days after 
initiating such an audit and every 180 days thereafter until any such 
audit is completed.
    (b) Within 60 days after the date on which an audit described in 
subsection (a) by an Inspector General is completed, the Secretary, 
Attorney General, Administrator, Director, or President, as 
appropriate, shall make the results of the audit available to the 
public on the Internet website maintained by the Department, 
Administration, Foundation, or Corporation, respectively. The results 
shall be made available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft 
        or for other inappropriate or unlawful purposes.
    (c) A grant or contract funded by amounts appropriated by this Act 
may not be used for the purpose of defraying the costs of a banquet or 
conference that is not directly and programmatically related to the 
purpose for which the grant or contract was awarded, such as a banquet 
or conference held in connection with planning, training, assessment, 
review, or other routine purposes related to a project funded by the 
grant or contract.
    (d) Any person awarded a grant or contract funded by amounts 
appropriated by this Act shall submit a statement to the Secretary of 
Commerce, the Attorney General, the Administrator, Director, or 
President, as appropriate, certifying that no funds derived from the 
grant or contract will be made available through a subcontract or in 
any other manner to another person who has a financial interest in the 
person awarded the grant or contract.
    (e) The provisions of the preceding subsections of this section 
shall take effect 30 days after the date on which the Director of the 
Office of Management and Budget, in consultation with the Director of 
the Office of Government Ethics, determines that a uniform set of rules 
and requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    Sec. 518.  None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 519.  None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 520. (a) Notwithstanding any other provision of law or treaty, 
none of the funds appropriated or otherwise made available under this 
Act or any other Act may be expended or obligated by a department, 
agency, or instrumentality of the United States to pay administrative 
expenses or to compensate an officer or employee of the United States 
in connection with requiring an export license for the export to Canada 
of components, parts, accessories or attachments for firearms listed in 
Category I, section 121.1 of title 22, Code of Federal Regulations 
(International Trafficking in Arms Regulations (ITAR), part 121, as it 
existed on April 1, 2005) with a total value not exceeding $500 
wholesale in any transaction, provided that the conditions of 
subsection (b) of this section are met by the exporting party for such 
articles.
    (b) The foregoing exemption from obtaining an export license--
            (1) does not exempt an exporter from filing any Shipper's 
        Export Declaration or notification letter required by law, or 
        from being otherwise eligible under the laws of the United 
        States to possess, ship, transport, or export the articles 
        enumerated in subsection (a); and
            (2) does not permit the export without a license of--
                    (A) fully automatic firearms and components and 
                parts for such firearms, other than for end use by the 
                Federal Government, or a Provincial or Municipal 
                Government of Canada;
                    (B) barrels, cylinders, receivers (frames) or 
                complete breech mechanisms for any firearm listed in 
                Category I, other than for end use by the Federal 
                Government, or a Provincial or Municipal Government of 
                Canada; or
                    (C) articles for export from Canada to another 
                foreign destination.
    (c) In accordance with this section, the District Directors of 
Customs and postmasters shall permit the permanent or temporary export 
without a license of any unclassified articles specified in subsection 
(a) to Canada for end use in Canada or return to the United States, or 
temporary import of Canadian-origin items from Canada for end use in 
the United States or return to Canada for a Canadian citizen.
    (d) The President may require export licenses under this section on 
a temporary basis if the President determines, upon publication first 
in the Federal Register, that the Government of Canada has implemented 
or maintained inadequate import controls for the articles specified in 
subsection (a), such that a significant diversion of such articles has 
and continues to take place for use in international terrorism or in 
the escalation of a conflict in another nation. The President shall 
terminate the requirements of a license when reasons for the temporary 
requirements have ceased.
    Sec. 521.  Notwithstanding any other provision of law, no 
department, agency, or instrumentality of the United States receiving 
appropriated funds under this Act or any other Act shall obligate or 
expend in any way such funds to pay administrative expenses or the 
compensation of any officer or employee of the United States to deny 
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and 
qualified pursuant to 27 CFR section 478.112 or .113, for a permit to 
import United States origin ``curios or relics'' firearms, parts, or 
ammunition.
    Sec. 522.  None of the funds made available in this Act may be used 
to include in any new bilateral or multilateral trade agreement the 
text of--
            (1) paragraph 2 of article 16.7 of the United States-
        Singapore Free Trade Agreement;
            (2) paragraph 4 of article 17.9 of the United States-
        Australia Free Trade Agreement; or
            (3) paragraph 4 of article 15.9 of the United States-
        Morocco Free Trade Agreement.
    Sec. 523.  None of the funds made available in this Act may be used 
to authorize or issue a national security letter in contravention of 
any of the following laws authorizing the Federal Bureau of 
Investigation to issue national security letters: The Right to 
Financial Privacy Act; The Electronic Communications Privacy Act; The 
Fair Credit Reporting Act; The National Security Act of 1947; USA 
PATRIOT Act; and the laws amended by these Acts.
    Sec. 524.  If at any time during any quarter, the program manager 
of a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased 
by 10 percent, the program manager shall immediately inform the 
Secretary, Administrator, or Director. The Secretary, Administrator, or 
Director shall notify the House and Senate Committees on Appropriations 
within 30 days in writing of such increase, and shall include in such 
notice: the date on which such determination was made; a statement of 
the reasons for such increases; the action taken and proposed to be 
taken to control future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such changes 
have contributed to the increase in total program costs or procurement 
costs; new estimates of the total project or procurement costs; and a 
statement validating that the project's management structure is 
adequate to control total project or procurement costs.
    Sec. 525.  Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2012 until the enactment of the Intelligence 
Authorization Act for fiscal year 2012.
    Sec. 526.  The Departments, agencies, and commissions funded under 
this Act, shall establish and maintain on the homepages of their 
Internet websites--
            (1) a direct link to the Internet websites of their Offices 
        of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General 
        website by which individuals may anonymously report cases of 
        waste, fraud, or abuse with respect to those Departments, 
        agencies, and commissions.
    Sec. 527.  None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 528.  None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is inconsistent with 
the principal negotiating objective of the United States with respect 
to trade remedy laws to preserve the ability of the United States--
            (1) to enforce vigorously its trade laws, including 
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                    (A) lessen the effectiveness of domestic and 
                international disciplines on unfair trade, especially 
                dumping and subsidies; or
                    (B) lessen the effectiveness of domestic and 
                international safeguard provisions, in order to ensure 
                that United States workers, agricultural producers, and 
                firms can compete fully on fair terms and enjoy the 
                benefits of reciprocal trade concessions; and
            (3) to address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.

                             (rescissions)

    Sec. 529. (a) Of the unobligated balances available to the 
Department of Commerce, the following funds are hereby rescinded, not 
later than September 30, 2012, from the following account in the 
specified amount:
            (1) ``National Telecommunications and Information 
        Administration, Information Infrastructure Grants'', 
        $2,000,000; and
            (2) ``National Oceanic and Atmospheric Administration, 
        Foreign Fishing Observer Fund'', $350,000.
    (b) Of the amounts made available under section 3010 of the Deficit 
Reduction Act of 2005 (47 U.S.C. 309 note), $4,300,000 in unobligated 
balances are hereby rescinded.
    (c) Of the unobligated balances available to the Department of 
Justice from prior appropriations, the following funds are hereby 
rescinded, not later than September 30, 2012, from the following 
accounts in the specified amounts--
            (1) ``Working Capital Fund'', $40,000,000;
            (2) ``Legal Activities, Assets Forfeiture Fund'', 
        $620,000,000; and an additional $25,000,000 shall be 
        permanently rescinded;
            (3) ``United States Marshals Service, Salaries and 
        Expenses'', $7,200,000;
            (4) ``Drug Enforcement Administration, Salaries and 
        Expenses'', $30,000,000;
            (5) ``Federal Prison System, Buildings and Facilities'', 
        $35,000,000;
            (6) ``Office of Justice Programs'', $42,600,000;
            (7) ``Community Oriented Policing Services'', $10,200,000; 
        and
            (8) ``Office on Violence Against Women'', $5,000,000.
    (d) Within 30 days of enactment of this Act, the Department of 
Justice shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the amount of 
each rescission made pursuant to this section.
    (e) The rescissions contained in this section shall not apply to 
funds provided in this Act.
    Sec. 530.  None of the funds made available in this Act may be used 
to purchase first class or premium airline travel in contravention of 
sections 301-10.122 through 301-10.124 of title 41 of the Code of 
Federal Regulations.
    Sec. 531.  None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 50 employees 
from a Federal department or agency at any single conference occurring 
outside the United States.
    Sec. 532.  None of the funds appropriated or otherwise made 
available in this or any other Act may be used to transfer, release, or 
assist in the transfer or release to or within the United States, its 
territories, or possessions Khalid Sheikh Mohammed or any other 
detainee who--
            (1) is not a United States citizen or a member of the Armed 
        Forces of the United States; and
            (2) is or was held on or after June 24, 2009, at the United 
        States Naval Station, Guantanamo Bay, Cuba, by the Department 
        of Defense.
    Sec. 533. (a) None of the funds appropriated or otherwise made 
available in this or any other Act may be used to construct, acquire, 
or modify any facility in the United States, its territories, or 
possessions to house any individual described in subsection (c) for the 
purposes of detention or imprisonment in the custody or under the 
effective control of the Department of Defense.
    (b) The prohibition in subsection (a) shall not apply to any 
modification of facilities at United States Naval Station, Guantanamo 
Bay, Cuba.
    (c) An individual described in this subsection is any individual 
who, as of June 24, 2009, is located at United States Naval Station, 
Guantanamo Bay, Cuba, and who--
            (1) is not a citizen of the United States or a member of 
        the Armed Forces of the United States; and
            (2) is--
                    (A) in the custody or under the effective control 
                of the Department of Defense; or
                    (B) otherwise under detention at United States 
                Naval Station, Guantanamo Bay, Cuba.
    Sec. 534.  None of the funds made available under this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.
    Sec. 535.  To the extent practicable, funds made available in this 
Act should be used to purchase light bulbs that are ``Energy Star'' 
qualified or have the ``Federal Energy Management Program'' 
designation.
    Sec. 536.  The Director of the Office of Management and Budget 
shall instruct any department, agency, or instrumentality of the United 
States Government receiving funds appropriated under this Act to track 
undisbursed balances in expired grant accounts and include in its 
annual performance plan and performance and accountability reports the 
following:
            (1) Details on future action the department, agency, or 
        instrumentality will take to resolve undisbursed balances in 
        expired grant accounts.
            (2) The method that the department, agency, or 
        instrumentality uses to track undisbursed balances in expired 
        grant accounts.
            (3) Identification of undisbursed balances in expired grant 
        accounts that may be returned to the Treasury of the United 
        States.
            (4) In the preceding 3 fiscal years, details on the total 
        number of expired grant accounts with undisbursed balances (on 
        the first day of each fiscal year) for the department, agency, 
        or instrumentality and the total finances that have not been 
        obligated to a specific project remaining in the accounts.
    Sec. 537.  None of the funds made available in this Act may be used 
to relocate the Bureau of the Census or employees from the Department 
of Commerce to the jurisdiction of the Executive Office of the 
President.
    Sec. 538. (a) The head of any department, agency, board or 
commission funded by this Act shall submit quarterly reports to the 
Inspector General, or the senior ethics official for any entity without 
an inspector general, of the appropriate department, agency, board or 
commission regarding the costs and contracting procedures relating to 
each conference held by the department, agency, board or commission 
during fiscal year 2012 for which the cost to the Government was more 
than $20,000.
    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
            (1) a description of the subject of and number of 
        participants attending that conference;
            (2) a detailed statement of the costs to the Government 
        relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that conference; and
            (3) a description of the contracting procedures relating to 
        that conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted 
                by the department, agency, board or commission in 
                evaluating potential contractors for that conference.
    Sec. 539. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 540.  The Departments of Commerce and Justice, the National 
Aeronautics and Space Administration, and the National Science 
Foundation are directed to submit spending plans, signed by the 
respective department or agency head, to the House and Senate 
Committees on Appropriations within 30 days of enactment of this Act.
    Sec. 541.  The amount appropriated or otherwise made available by 
title IV under the heading ``Commission on Wartime Relocation and 
Internment of Latin Americans of Japanese Descent'' is hereby reduced 
by $1,700,000.
    Sec. 542.  The provisions of sections 517(c), 531, and 538 shall 
apply to all agencies and departments funded by divisions A, B, and C.
    Sec. 543. (a) The matter under the heading ``salaries and 
expenses'' under the heading ``Office of the United States Trade 
Representative'' in title IV of this division is amended by striking 
``$46,775,000'' and inserting ``$51,251,000''.
    (b) Of the unobligated balance of amounts made available to the 
Department of Justice for a fiscal year before fiscal year 2012 for the 
``Legal Activities, Assets Forfeiture Fund'' account, there are 
permanently rescinded $8,000,000, in addition to the amount rescinded 
pursuant to section 529(c)(2).
    This Act may be cited as the ``Commerce, Justice, Science, and 
Related Agencies Appropriations Act, 2012''.

DIVISION C--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                                AGENCIES

    That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of 
Transportation, and Housing and Urban Development, and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes, 
namely:

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

    For necessary expenses of the Office of the Secretary, 
$102,202,000, of which not to exceed $2,618,000 shall be available for 
the immediate Office of the Secretary; not to exceed $981,000 shall be 
available for the Immediate Office of the Deputy Secretary; not to 
exceed $19,515,000 shall be available for the Office of the General 
Counsel; not to exceed $11,004,000 shall be available for the Office of 
the Under Secretary of Transportation for Policy; not to exceed 
$10,538,000 shall be available for the Office of the Assistant 
Secretary for Budget and Programs; not to exceed $2,544,000 shall be 
available for the Office of the Assistant Secretary for Governmental 
Affairs; not to exceed $25,469,000 shall be available for the Office of 
the Assistant Secretary for Administration; not to exceed $2,046,000 
shall be available for the Office of Public Affairs; not to exceed 
$1,649,000 shall be available for the Office of the Executive 
Secretariat; not to exceed $1,492,000 shall be available for the Office 
of Small and Disadvantaged Business Utilization; not to exceed 
$10,578,000 for the Office of Intelligence, Security, and Emergency 
Response; and not to exceed $13,768,000 shall be available for the 
Office of the Chief Information Officer:  Provided, That the Secretary 
of Transportation is authorized to transfer funds appropriated for any 
office of the Office of the Secretary to any other office of the Office 
of the Secretary:  Provided further, That no appropriation for any 
office shall be increased or decreased by more than 5 percent by all 
such transfers:  Provided further, That notice of any change in funding 
greater than 5 percent shall be submitted for approval to the House and 
Senate Committees on Appropriations:  Provided further, That not to 
exceed $60,000 shall be for allocation within the Department for 
official reception and representation expenses as the Secretary may 
determine:  Provided further, That notwithstanding any other provision 
of law, excluding fees authorized in Public Law 107-71, there may be 
credited to this appropriation up to $2,500,000 in funds received in 
user fees:  Provided further, That none of the funds provided in this 
Act shall be available for the position of Assistant Secretary for 
Public Affairs.

                  national infrastructure investments

    For capital investments in surface transportation infrastructure, 
$550,000,000, to remain available through September 30, 2013:  
Provided, That the Secretary of Transportation shall distribute funds 
provided under this heading as discretionary grants to be awarded to a 
State, local government, transit agency, or a collaboration among such 
entities on a competitive basis for projects that will have a 
significant impact on the Nation, a metropolitan area, or a region:  
Provided further, That projects eligible for funding provided under 
this heading shall include, but not be limited to, highway or bridge 
projects eligible under title 23, United States Code; public 
transportation projects eligible under chapter 53 of title 49, United 
States Code; passenger and freight rail transportation projects; and 
port infrastructure investments:  Provided further, That the Secretary 
may use up to 35 percent of the funds made available under this heading 
for the purpose of paying the subsidy and administrative costs of 
projects eligible for Federal credit assistance under chapter 6 of 
title 23, United States Code, if the Secretary finds that such use of 
the funds would advance the purposes of this paragraph:  Provided 
further, That in distributing funds provided under this heading, the 
Secretary shall take such measures so as to ensure an equitable 
geographic distribution of funds, an appropriate balance in addressing 
the needs of urban and rural areas, and the investment in a variety of 
transportation modes:  Provided further, That a grant funded under this 
heading shall be not less than $10,000,000 and not greater than 
$200,000,000:  Provided further, That not more than 25 percent of the 
funds made available under this heading may be awarded to projects in a 
single State:  Provided further, That the Federal share of the costs 
for which an expenditure is made under this heading shall be, at the 
option of the recipient, up to 80 percent:  Provided further, That the 
Secretary shall give priority to projects that require a contribution 
of Federal funds in order to complete an overall financing package:  
Provided further, That not less than $120,000,000 of the funds provided 
under this heading shall be for projects located in rural areas:  
Provided further, That for projects located in rural areas, the minimum 
grant size shall be $1,000,000 and the Secretary may increase the 
Federal share of costs above 80 percent:  Provided further, That 
projects conducted using funds provided under this heading must comply 
with the requirements of subchapter IV of chapter 31 of title 40, 
United States Code:  Provided further, That the Secretary shall conduct 
a new competition to select the grants and credit assistance awarded 
under this heading:  Provided further, That the Secretary may retain up 
to $25,000,000 of the funds provided under this heading, and may 
transfer portions of those funds to the Administrators of the Federal 
Highway Administration, the Federal Transit Administration, the Federal 
Railroad Administration and the Federal Maritime Administration, to 
fund the award and oversight of grants and credit assistance made under 
this heading.

                      financial management capital

    For necessary expenses for upgrading and enhancing the Department 
of Transportation's financial systems and re-engineering business 
processes, $4,990,000, to remain available through September 30, 2013.

                       cyber security initiatives

    For necessary expenses for cyber security initiatives, including 
improvement of network perimeter controls and identity management, 
testing and assessment of information technology against business, 
security, and other requirements, implementation of Federal cyber 
security initiatives and information infrastructure enhancements, 
implementation of enhanced security controls on network devices, and 
enhancement of cyber security workforce training tools, $10,000,000, to 
remain available through September 30, 2013.

                         office of civil rights

    For necessary expenses of the Office of Civil Rights, $9,648,000.

           transportation planning, research, and development

    For necessary expenses for conducting transportation planning, 
research, systems development, development activities, and making 
grants, to remain available until expended, $9,000,000.

                          working capital fund

    For necessary expenses for operating costs and capital outlays of 
the Working Capital Fund, not to exceed $147,596,000 shall be paid from 
appropriations made available to the Department of Transportation:  
Provided, That such services shall be provided on a competitive basis 
to entities within the Department of Transportation:  Provided further, 
That the above limitation on operating expenses shall not apply to non-
DOT entities:  Provided further, That no funds appropriated in this Act 
to an agency of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal administrator:  
Provided further, That no assessments may be levied against any 
program, budget activity, subactivity or project funded by this Act 
unless notice of such assessments and the basis therefor are presented 
to the House and Senate Committees on Appropriations and are approved 
by such Committees.

               minority business resource center program

    For the cost of guaranteed loans, $351,000, as authorized by 49 
U.S.C. 332:  Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974:  Provided further, That these funds are available 
to subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $18,367,000. In addition, for administrative 
expenses to carry out the guaranteed loan program, $570,000.

                       minority business outreach

    For necessary expenses of Minority Business Resource Center 
outreach activities, $3,068,000, to remain available until September 
30, 2013:  Provided, That notwithstanding 49 U.S.C. 332, these funds 
may be used for business opportunities related to any mode of 
transportation.

                        payments to air carriers

                    (airport and airway trust fund)

                     (including transfer of funds)

    In addition to funds made available from any other source to carry 
out the essential air service program under 49 U.S.C. 41731 through 
41742, $143,000,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended:  Provided, That in 
determining between or among carriers competing to provide service to a 
community, the Secretary may consider the relative subsidy requirements 
of the carriers:  Provided further, That no funds made available under 
section 41742 of title 49, United States Code, and no funds made 
available in this Act or any other Act in any fiscal year, shall be 
available to carry out the essential air service program under sections 
41731 through 41742 of such title 49 in communities in the 48 
contiguous States unless the community received subsidized essential 
air service or received a 90-day notice of intent to terminate service 
and the Secretary required the air carrier to continue to provide 
service to the community at any time between September 30, 2010, and 
September 30, 2011, inclusive:  Provided further, That basic essential 
air service minimum requirements shall not include the 15-passenger 
capacity requirement under subsection 41732(b)(3) of title 49, United 
States Code:  Provided further, That if the funds under this heading 
are insufficient to meet the costs of the essential air service program 
in the current fiscal year, the Secretary shall transfer such sums as 
may be necessary to carry out the essential air service program from 
any available amounts appropriated to or directly administered by the 
Office of the Secretary for such fiscal year.

  administrative provisions--office of the secretary of transportation

    Sec. 101.  None of the funds made available in this Act to the 
Department of Transportation may be obligated for the Office of the 
Secretary of Transportation to approve assessments or reimbursable 
agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 102.  None of the funds made available under this Act may be 
obligated or expended to establish or implement a program under which 
essential air service communities are required to assume subsidy costs 
commonly referred to as the EAS local participation program.
    Sec. 103.  The Secretary or his designee may engage in activities 
with States and State legislators to consider proposals related to the 
reduction of motorcycle fatalities.

                              (rescission)

    Sec. 104.  Of the amounts made available by section 185 of Public 
Law 109-115, all unobligated balances as of the date of enactment of 
this Act are hereby rescinded.
    Sec. 105.  Notwithstanding section 3324 of title 31, United States 
Code, in addition to authority provided by section 327 of title 49, 
United States Code, the Department's Working Capital Fund is hereby 
authorized to provide payments in advance to vendors that are necessary 
to carry out the Federal transit pass transportation fringe benefit 
program under Executive Order 13150 and section 3049 of Public Law 109-
59:  Provided, That the Department shall include adequate safeguards in 
the contract with the vendors to ensure timely and high-quality 
performance under the contract.
    Sec. 106.  The Secretary shall post on the Web site of the 
Department of Transportation a schedule of all meetings of the Credit 
Council, including the agenda for each meeting, and require the Credit 
Council to record the minutes of each meeting.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

                     (including transfer of funds)

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the 
public, lease or purchase of passenger motor vehicles for replacement 
only, in addition to amounts made available by Public Law 108-176, 
$9,635,710,000, of which $5,000,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $7,560,815,000 
shall be available for air traffic organization activities; not to 
exceed $1,253,381,000 shall be available for aviation safety 
activities; not to exceed $15,005,000 shall be available for commercial 
space transportation activities; not to exceed $112,459,000 shall be 
available for financial services activities; not to exceed $98,858,000 
shall be available for human resources program activities; not to 
exceed $337,944,000 shall be available for region and center operations 
and regional coordination activities; not to exceed $207,065,000 shall 
be available for staff offices; and not to exceed $50,183,000 shall be 
available for information services:  Provided, That not to exceed 2 
percent of any budget activity, except for aviation safety budget 
activity, may be transferred to any budget activity under this heading: 
 Provided further, That no transfer may increase or decrease any 
appropriation by more than 2 percent:  Provided further, That any 
transfer in excess of 2 percent shall be treated as a reprogramming of 
funds under section 405 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section:  Provided further, That not later than May 31, 
2012, the Administrator shall submit to the House and Senate Committees 
on Appropriations a comprehensive report that describes all of the 
findings and conclusions reached during the Federal Aviation 
Administration's efforts to develop an objective, data-driven method 
for placing air traffic controllers after the successful completion of 
their training at the Federal Aviation Administration Academy, lists 
all available options for establishing such method, and discusses the 
benefits and challenges of each option:  Provided further, That not 
later than March 31 of each fiscal year hereafter, the Administrator of 
the Federal Aviation Administration shall transmit to Congress an 
annual update to the report submitted to Congress in December 2004 
pursuant to section 221 of Public Law 108-176:  Provided further, That 
the amount herein appropriated shall be reduced by $100,000 for each 
day after March 31 that such report has not been submitted to the 
Congress:  Provided further, That not later than March 31 of each 
fiscal year hereafter, the Administrator shall transmit to Congress a 
companion report that describes a comprehensive strategy for staffing, 
hiring, and training flight standards and aircraft certification staff 
in a format similar to the one utilized for the controller staffing 
plan, including stated attrition estimates and numerical hiring goals 
by fiscal year, and a benchmark for assessing the amount of time 
aviation inspectors spend directly observing industry field operations: 
 Provided further, That the amount herein appropriated shall be reduced 
by $100,000 per day for each day after March 31 that such report has 
not been submitted to Congress:  Provided further, That funds may be 
used to enter into a grant agreement with a nonprofit standard-setting 
organization to assist in the development of aviation safety standards: 
 Provided further, That none of the funds in this Act shall be 
available for new applicants for the second career training program:  
Provided further, That none of the funds in this Act shall be available 
for the Federal Aviation Administration to finalize or implement any 
regulation that would promulgate new aviation user fees not 
specifically authorized by law after the date of the enactment of this 
Act:  Provided further, That there may be credited to this 
appropriation as offsetting collections funds received from States, 
counties, municipalities, foreign authorities, other public 
authorities, and private sources for expenses incurred in the provision 
of agency services, including receipts for the maintenance and 
operation of air navigation facilities, and for issuance, renewal or 
modification of certificates, including airman, aircraft, and repair 
station certificates, or for tests related thereto, or for processing 
major repair or alteration forms:  Provided further, That of the funds 
appropriated under this heading, not less than $9,500,000 shall be for 
the contract tower cost-sharing program:  Provided further, That none 
of the funds in this Act for aeronautical charting and cartography are 
available for activities conducted by, or coordinated through, the 
Working Capital Fund.

                        facilities and equipment

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for 
acquisition, establishment, technical support services, improvement by 
contract or purchase, and hire of national airspace systems and 
experimental facilities and equipment, as authorized under part A of 
subtitle VII of title 49, United States Code, including initial 
acquisition of necessary sites by lease or grant; engineering and 
service testing, including construction of test facilities and 
acquisition of necessary sites by lease or grant; construction and 
furnishing of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration stationed at remote 
localities where such accommodations are not available; and the 
purchase, lease, or transfer of aircraft from funds available under 
this heading, including aircraft for aviation regulation and 
certification; to be derived from the Airport and Airway Trust Fund, 
$2,630,731,000, of which $474,000,000 shall remain available until 
September 30, 2012, and of which $2,156,731,000 shall remain available 
until September 30, 2014:  Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment, improvement, and modernization of national airspace 
systems:  Provided further, That upon initial submission to the 
Congress of the fiscal year 2013 President's budget, the Secretary of 
Transportation shall transmit to the Congress a comprehensive capital 
investment plan for the Federal Aviation Administration which includes 
funding for each budget line item for fiscal years 2013 through 2017, 
with total funding for each year of the plan constrained to the funding 
targets for those years as estimated and approved by the Office of 
Management and Budget.

                 research, engineering, and development

                    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research, 
engineering, and development, as authorized under part A of subtitle 
VII of title 49, United States Code, including construction of 
experimental facilities and acquisition of necessary sites by lease or 
grant, $157,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2014:  Provided, That 
there may be credited to this appropriation as offsetting collections, 
funds received from States, counties, municipalities, other public 
authorities, and private sources, which shall be available for expenses 
incurred for research, engineering, and development.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

                     (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid for 
airport planning and development, and noise compatibility planning and 
programs as authorized under subchapter I of chapter 471 and subchapter 
I of chapter 475 of title 49, United States Code, and under other law 
authorizing such obligations; for procurement, installation, and 
commissioning of runway incursion prevention devices and systems at 
airports of such title; for grants authorized under section 41743 of 
title 49, United States Code; and for inspection activities and 
administration of airport safety programs, including those related to 
airport operating certificates under section 44706 of title 49, United 
States Code, $4,691,000,000 to be derived from the Airport and Airway 
Trust Fund and to remain available until expended:  Provided, That none 
of the funds under this heading shall be available for the planning or 
execution of programs the obligations for which are in excess of 
$3,515,000,000 in fiscal year 2012, notwithstanding section 47117(g) of 
title 49, United States Code:  Provided further, That none of the funds 
under this heading shall be available for the replacement of baggage 
conveyor systems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk explosive 
detection systems:  Provided further, That notwithstanding any other 
provision of law, of funds limited under this heading, not more than 
$101,000,000 shall be obligated for administration, not less than 
$15,000,000 shall be available for the airport cooperative research 
program, not less than $29,250,000 shall be for Airport Technology 
Research and $6,000,000, to remain available until expended, shall be 
available and transferred to ``Office of the Secretary, Salaries and 
Expenses'' to carry out the Small Community Air Service Development 
Program.

       administrative provisions--federal aviation administration

    Sec. 110.  None of the funds in this Act may be used to compensate 
in excess of 600 technical staff-years under the federally funded 
research and development center contract between the Federal Aviation 
Administration and the Center for Advanced Aviation Systems Development 
during fiscal year 2012.
    Sec. 111.  None of the funds in this Act shall be used to pursue or 
adopt guidelines or regulations requiring airport sponsors to provide 
to the Federal Aviation Administration without cost building 
construction, maintenance, utilities and expenses, or space in airport 
sponsor-owned buildings for services relating to air traffic control, 
air navigation, or weather reporting:  Provided, That the prohibition 
of funds in this section does not apply to negotiations between the 
agency and airport sponsors to achieve agreement on ``below-market'' 
rates for these items or to grant assurances that require airport 
sponsors to provide land without cost to the FAA for air traffic 
control facilities.
    Sec. 112.  The Administrator of the Federal Aviation Administration 
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1) 
from fees credited under 49 U.S.C. 45303:  Provided, That during fiscal 
year 2012, 49 U.S.C. 41742(b) shall not apply, and any amount remaining 
in such account at the close of that fiscal year may be made available 
to satisfy section 41742(a)(1) for the subsequent fiscal year.
    Sec. 113.  Amounts collected under section 40113(e) of title 49, 
United States Code, shall be credited to the appropriation current at 
the time of collection, to be merged with and available for the same 
purposes of such appropriation.
    Sec. 114.  None of the funds limited by this Act for grants under 
the Airport Improvement Program shall be made available to the sponsor 
of a commercial service airport if such sponsor fails to agree to a 
request from the Secretary of Transportation for cost-free space in a 
nonrevenue producing, public use area of the airport terminal or other 
airport facilities for the purpose of carrying out a public service air 
passenger rights and consumer outreach campaign.
    Sec. 115.  None of the funds in this Act shall be available for 
paying premium pay under subsection 5546(a) of title 5, United States 
Code, to any Federal Aviation Administration employee unless such 
employee actually performed work during the time corresponding to such 
premium pay.
    Sec. 116.  None of the funds in this Act may be obligated or 
expended for an employee of the Federal Aviation Administration to 
purchase a store gift card or gift certificate through use of a 
Government-issued credit card.
    Sec. 117.  The Secretary shall apportion to the sponsor of an 
airport that received scheduled or unscheduled air service from a large 
certified air carrier (as defined in part 241 of title 14 Code of 
Federal Regulations, or such other regulations as may be issued by the 
Secretary under the authority of section 41709) an amount equal to the 
minimum apportionment specified in 49 U.S.C. 47114(c), if the Secretary 
determines that airport had more than 10,000 passenger boardings in the 
preceding calendar year, based on data submitted to the Secretary under 
part 241 of title 14, Code of Federal Regulations.
    Sec. 118.  None of the funds in this Act may be obligated or 
expended for retention bonuses for an employee of the Federal Aviation 
Administration without the prior written approval of the Deputy 
Assistant Secretary for Administration of the Department of 
Transportation.
    Sec. 119.  Subparagraph (D) of section 47124(b)(3) of title 49, 
United States Code, is amended by striking ``benefit.'' and inserting 
``benefit, with the maximum allowable local cost share capped at 20 
percent.''.
    Sec. 119A.  Notwithstanding any other provision of law, none of the 
funds made available under this Act or any prior Act may be used to 
implement or to continue to implement any limitation on the ability of 
any owner or operator of a private aircraft to obtain, upon a request 
to the Administrator of the Federal Aviation Administration, a blocking 
of that owner's or operator's aircraft registration number from any 
display of the Federal Aviation Administration's Aircraft Situational 
Display to Industry data that is made available to the public, except 
data made available to a Government agency, for the noncommercial 
flights of that owner or operator.
    Sec. 119B. (a) Compensation for Federal Employees.--Any Federal 
employees furloughed as a result of the lapse in expenditure authority 
from the Airport and Airway Trust Fund after 11:59 p.m. on July 22, 
2011, through August 5, 2011, may be compensated for the period of that 
lapse at their standard rates of compensation, as determined under 
policies established by the Secretary of Transportation.
    (b) Ratification of Essential Actions.--All actions taken by 
Federal employees, contractors, and grantees for the purposes of 
maintaining the essential level of Government operations, services, and 
activities to protect life and property and to bring about orderly 
termination of Government functions during the lapse in expenditure 
authority from the Airport and Airway Trust Fund after 11:59 p.m. on 
July 22, 2011, through August 5, 2011, are hereby ratified and 
approved, if otherwise in accord with the provisions of the Airport and 
Airway Extension Act of 2011, part IV (Public Law 112-27).
    (c) Trust Fund Code.--Paragraph (1) of section 9502(d) of the 
Internal Revenue Code of 1986 (26 U.S.C. 9502(d)(1)) is amended by 
inserting ``or the Department of Transportation Appropriations Act, 
2012'' before the semicolon at the end of subparagraph (A).

                     Federal Highway Administration

                          federal-aid highways

                 limitation on administrative expenses

                          (highway trust fund)

                     (including transfer of funds)

    Not to exceed $415,533,000, together with advances and 
reimbursements received by the Federal Highway Administration, shall be 
paid in accordance with law from appropriations made available by this 
Act to the Federal Highway Administration for necessary expenses for 
administration and operation. In addition, not to exceed $3,220,000 
shall be paid from appropriations made available by this Act and 
transferred to the Appalachian Regional Commission in accordance with 
section 104 of title 23, United States Code.

                       limitation on obligations

                          (highway trust fund)

    None of the funds in this Act shall be available for the 
implementation or execution of programs, the obligations for which are 
in excess of $41,107,000,000 for Federal-aid highways and highway 
safety construction programs for fiscal year 2012:  Provided, That 
within the $41,107,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not more than 
$429,800,000 shall be available for the implementation or execution of 
programs for transportation research (chapter 5 of title 23, United 
States Code; sections 111, 5505, and 5506 of title 49, United States 
Code; and title 5 of Public Law 109-59) for fiscal year 2012:  Provided 
further, That this limitation on transportation research programs shall 
not apply to any authority previously made available for obligation:  
Provided further, That the Secretary may, as authorized by section 
605(b) of title 23, United States Code, collect and spend fees to cover 
the costs of services of expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments and all or a portion of the 
costs to the Federal Government of servicing such credit instruments:  
Provided further, That such fees are available until expended to pay 
for such costs:  Provided further, That such amounts are in addition to 
administrative expenses that are also available for such purpose, and 
are not subject to any obligation limitation or the limitation on 
administrative expenses under section 608 of title 23, United States 
Code.

                 liquidation of contract authorization

                          (highway trust fund)

    For carrying out the provisions of title 23, United States Code, 
that are attributable to Federal-aid highways, not otherwise provided, 
including reimbursement for sums expended pursuant to the provisions of 
23 U.S.C. 308, $41,846,000,000 or so much thereof as may be available 
in and derived from the Highway Trust Fund (other than the Mass Transit 
Account), to remain available until expended.

                            emergency relief

    For an additional amount for the Emergency Relief Program as 
authorized under section 125 of title 23, United States Code, 
$1,900,000,000, to remain available until expended, for expenses 
resulting from a major disaster designated pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122(2)):  Provided, That notwithstanding section 125(d)(1) of title 
23, United States Code, for an event resulting from a disaster eligible 
under section 125 of title 23, United States Code, in a State occurring 
in fiscal years 2011 or 2012, the Secretary of Transportation may 
obligate under the Emergency Relief Program more than $100,000,000 for 
eligible expenses:  Provided further, That notwithstanding section 120 
of title 23, United States Code, for expenses resulting from a disaster 
eligible under section 125 of title 23, United States Code, occurring 
in fiscal years 2011 or 2012, the Secretary shall extend the time 
period in 120(e) in consideration of any delay in the State's ability 
to access damaged facilities to evaluate damage and estimate the cost 
of repair:  Provided further, That notwithstanding sections 120(a) and 
120(b) of title 23, United States Code, the Federal share for permanent 
repairs resulting from a disaster eligible under section 125 of title 
23, United States Code, occurring in fiscal years 2011 or 2012 may be 
up to 100 percent at the Secretary's discretion if the eligible 
expenses incurred by a State due to such a disaster exceeds twice the 
State's annual apportionment under the Federal-aid Highway program for 
the year in which the disaster occurred:  Provided further, That the 
amount provided under this heading is designated by Congress as being 
for disaster relief pursuant to section 251(b)(2)(D) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 (Public Law 99-177), 
as amended.

                               rescission

    Of unobligated balances of funds made available for obligation from 
the general fund of the Treasury for programs administered by the 
Federal Highway Administration in Public Laws 91-605, 93-87, 93-643, 
94-280, 96-131, 97-424, 98-8, 98-473, 99-190, 100-17, 100-202, 100-457, 
101-164, 101-516, 102-143, 102-240, 103-122, 103-331, 106-346, 107-87, 
108-7 and 108-199, excluding any unobligated balance of funds provided 
for the Appalachian Development Highway System, $73,000,000 are 
permanently rescinded.

       administrative provisions--federal highway administration

    Sec. 120. (a) For fiscal year 2012, the Secretary of Transportation 
shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid highways amounts authorized for administrative 
        expenses and programs by section 104(a) of title 23, United 
        States Code; programs funded from the administrative takedown 
        authorized by section 104(a)(1) of title 23, United States Code 
        (as in effect on the date before the date of enactment of the 
        Safe, Accountable, Flexible, Efficient Transportation Equity 
        Act: A Legacy for Users); the highway use tax evasion program; 
        and the Bureau of Transportation Statistics;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for previous fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                highways, less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway 
                safety construction programs (other than sums 
                authorized to be appropriated for provisions of law 
                described in paragraphs (1) through (9) of subsection 
                (b) and sums authorized to be appropriated for section 
                105 of title 23, United States Code, equal to the 
                amount referred to in subsection (b)(10) for such 
                fiscal year), less the aggregate of the amounts not 
                distributed under paragraphs (1) and (2) of this 
                subsection;
            (4)(A) distribute the obligation limitation for Federal-aid 
        highways, less the aggregate amounts not distributed under 
        paragraphs (1) and (2), for sections 1301, 1302, and 1934 of 
        the Safe, Accountable, Flexible, Efficient Transportation 
        Equity Act: A Legacy for Users; sections 117 and section 144(g) 
        of title 23, United States Code; and section 14501 of title 40, 
        United States Code, so that the amount of obligation authority 
        available for each of such sections is equal to the amount 
        determined by multiplying the ratio determined under paragraph 
        (3) by the sums authorized to be appropriated for that section 
        for the fiscal year; and
            (B) distribute $2,000,000,000 for section 105 of title 23, 
        United States Code;
            (5) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraph (4), for each of the programs that 
        are allocated by the Secretary under the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users and title 23, United States Code (other than to programs 
        to which paragraphs (1) and (4) apply), by multiplying the 
        ratio determined under paragraph (3) by the amounts authorized 
        to be appropriated for each such program for such fiscal year; 
        and
            (6) distribute the obligation limitation provided for 
        Federal-aid highways, less the aggregate amounts not 
        distributed under paragraphs (1) and (2) and amounts 
        distributed under paragraphs (4) and (5), for Federal-aid 
        highways and highway safety construction programs (other than 
        the amounts apportioned for the equity bonus program, but only 
        to the extent that the amounts apportioned for the equity bonus 
        program for the fiscal year are greater than $2,639,000,000, 
        and the Appalachian development highway system program) that 
        are apportioned by the Secretary under the Safe, Accountable, 
        Flexible, Efficient Transportation Equity Act: A Legacy for 
        Users and title 23, United States Code, in the ratio that--
                    (A) amounts authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the amounts authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations:
            (1) under section 125 of title 23, United States Code;
            (2) under section 147 of the Surface Transportation 
        Assistance Act of 1978;
            (3) under section 9 of the Federal-Aid Highway Act of 1981;
            (4) under subsections (b) and (j) of section 131 of the 
        Surface Transportation Assistance Act of 1982;
            (5) under subsections (b) and (c) of section 149 of the 
        Surface Transportation and Uniform Relocation Assistance Act of 
        1987;
            (6) under sections 1103 through 1108 of the Intermodal 
        Surface Transportation Efficiency Act of 1991;
            (7) under section 157 of title 23, United States Code, as 
        in effect on the day before the date of the enactment of the 
        Transportation Equity Act for the 21st Century;
            (8) under section 105 of title 23, United States Code, as 
        in effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years;
            (9) for Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century or subsequent public laws for multiple 
        years or to remain available until used, but only to the extent 
        that the obligation authority has not lapsed or been used;
            (10) under section 105 of title 23, United States Code, but 
        only in an amount equal to $639,000,000 for each of fiscal 
        years 2005 through 2010; and
            (11) under section 1603 of the Safe, Accountable, Flexible, 
        Efficient Transportation Equity Act: A Legacy for Users, to the 
        extent that funds obligated in accordance with that section 
        were not subject to a limitation on obligations at the time at 
        which the funds were initially made available for obligation.
    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (a), the Secretary shall, after August 1 of such fiscal 
year, revise a distribution of the obligation limitation made available 
under subsection (a) if the amount distributed cannot be obligated 
during that fiscal year, and redistribute sufficient amounts to those 
States able to obligate amounts in addition to those previously 
distributed during that fiscal year, giving priority to those States 
having large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code.
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, and title V (research title) of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users, except that obligation authority made available for such 
programs under such limitation shall remain available for a period of 3 
fiscal years and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years.
    (e) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of 
        the distribution of obligation limitation under subsection (a), 
        the Secretary shall distribute to the States any funds that--
                    (A) are authorized to be appropriated for such 
                fiscal year for Federal-aid highways programs; and
                    (B) the Secretary determines will not be allocated 
                to the States, and will not be available for 
                obligation, in such fiscal year due to the imposition 
                of any obligation limitation for such fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same ratio as the distribution of obligation authority 
        under subsection (a)(6).
            (3) Availability.--Funds distributed under paragraph (1) 
        shall be available for any purposes described in section 133(b) 
        of title 23, United States Code.
    (f) Special Limitation Characteristics.--Obligation limitation 
distributed for a fiscal year under subsection (a)(4) for the provision 
specified in subsection (a)(4) shall--
            (1) remain available until used for obligation of funds for 
        that provision; and
            (2) be in addition to the amount of any limitation imposed 
        on obligations for Federal-aid highway and highway safety 
        construction programs for future fiscal years.
    (g) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to limit the distribution of obligation authority 
under subsection (a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 1702 of the 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users.
    Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received by the 
Bureau of Transportation Statistics from the sale of data products, for 
necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited 
to the Federal-aid Highways account for the purpose of reimbursing the 
Bureau for such expenses:  Provided, That such funds shall be subject 
to the obligation limitation for Federal-aid Highways and highway 
safety construction programs.
    Sec. 122.  Not less than 15 days prior to waiving, under his 
statutory authority, any Buy America requirement for Federal-aid 
highway projects, the Secretary of Transportation shall make an 
informal public notice and comment opportunity on the intent to issue 
such waiver and the reasons therefor:  Provided, That the Secretary 
shall provide an annual report to the House and Senate Committees on 
Appropriations on any waivers granted under the Buy America 
requirements.
    Sec. 123. (a) In General.--Except as provided in subsection (b), 
none of the funds made available, limited, or otherwise affected by 
this Act shall be used to approve or otherwise authorize the imposition 
of any toll on any segment of highway located on the Federal-aid system 
in the State of Texas that--
            (1) as of the date of enactment of this Act, is not tolled;
            (2) is constructed with Federal assistance provided under 
        title 23, United States Code; and
            (3) is in actual operation as of the date of enactment of 
        this Act.
    (b) Exceptions.--
            (1) Number of toll lanes.--Subsection (a) shall not apply 
        to any segment of highway on the Federal-aid system described 
        in that subsection that, as of the date on which a toll is 
        imposed on the segment, will have the same number of nontoll 
        lanes as were in existence prior to that date.
            (2) High-occupancy vehicle lanes.--A high-occupancy vehicle 
        lane that is converted to a toll lane shall not be subject to 
        this section, and shall not be considered to be a nontoll lane 
        for purposes of determining whether a highway will have fewer 
        nontoll lanes than prior to the date of imposition of the toll, 
        if--
                    (A) high-occupancy vehicles occupied by the number 
                of passengers specified by the entity operating the 
                toll lane may use the toll lane without paying a toll, 
                unless otherwise specified by the appropriate county, 
                town, municipal or other local government entity, or 
                public toll road or transit authority; or
                    (B) each high-occupancy vehicle lane that was 
                converted to a toll lane was constructed as a temporary 
                lane to be replaced by a toll lane under a plan 
                approved by the appropriate county, town, municipal or 
                other local government entity, or public toll road or 
                transit authority.
    Sec. 124.  Of the funds made available in fiscal year 2012 for the 
Surface Transportation Research, Development, and Deployment Program, 
the Secretary of Transportation shall transfer $5,000,000 to the Bureau 
of Transportation Statistics to carry out section 111 of title 49, 
United States Code:  Provided, That an equivalent amount of fiscal year 
2012 obligation limitation associated with the funds to be transferred 
shall also be transferred.
    Sec. 125.  Section 127(a)(11) of title 23, United States Code, is 
amended to read as follows:
            ``(11)(A) With respect to all portions of the Interstate 
        Highway System in the State of Maine, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to other State highways shall be 
        applicable in lieu of the requirements under this subsection.
            ``(B) With respect to all portions of the Interstate 
        Highway System in the State of Vermont, laws (including 
        regulations) of that State concerning vehicle weight 
        limitations applicable to other State highways shall be 
        applicable in lieu of the requirements under this 
        subsection.''.
    Sec. 126.  Section 112 of the Surface and Air Transportation 
Programs Extension Act of 2011 is amended by striking ``$196,427,625'' 
and inserting ``an amount equal to one-half the sum authorized for such 
purpose for fiscal year 2011 by section 412(a)(2) of the Surface 
Transportation Extension Act of 2010''.
    Sec. 127.  Any road, highway, or bridge that is in operation for 
less than 30 years or under construction, damaged by an emergency 
declared by the Governor of the State and concurred in by the 
Secretary, or declared by the President pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), 
may be reconstructed in the same location with the same capacity, 
dimensions, and design as before the emergency and shall be exempt from 
any environmental reviews, approvals, licensing, and permit 
requirements under--
            (1) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            (2) sections 402 and 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1342, 1344);
            (3) the National Historic Preservation Act (16 U.S.C. 470 
        et seq.);
            (4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
            (5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et 
        seq.);
            (6) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
        et seq.);
            (7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), except when the reconstruction occurs in designated 
        critical habitat for threatened and endangered species;
            (8) Executive Order 11990 (42 U.S.C. 4321 note; relating to 
        the protection of wetlands); and
            (9) any Federal law (including regulations) requiring no 
        net loss of wetlands.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in the implementation, 
execution and administration of motor carrier safety operations and 
programs pursuant to section 31104(i) of title 49, United States Code, 
and sections 4127 and 4134 of Public Law 109-59, $250,023,000, to be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account), together with advances and reimbursements received by the 
Federal Motor Carrier Safety Administration, the sum of which shall 
remain available until expended:  Provided, That none of the funds 
derived from the Highway Trust Fund in this Act shall be available for 
the implementation, execution or administration of programs, the 
obligations for which are in excess of $250,023,000, for ``Motor 
Carrier Safety Operations and Programs'' of which $8,543,000, to remain 
available for obligation until September 30, 2014, is for the research 
and technology program and $1,000,000 shall be available for commercial 
motor vehicle operator's grants to carry out section 4134 of Public Law 
109-59:  Provided further, That notwithstanding any other provision of 
law, none of the funds under this heading for outreach and education 
shall be available for transfer:  Provided further, That the Federal 
Motor Carrier Safety Administration shall transmit to Congress a report 
on March 30, 2012, and September 30, 2012, on the agency's ability to 
meet its requirement to conduct compliance reviews on high-risk 
carriers.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                         (including rescission)

    For payment of obligations incurred in carrying out sections 31102, 
31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States 
Code, and sections 4126 and 4128 of Public Law 109-59, $307,000,000, to 
be derived from the Highway Trust Fund (other than the Mass Transit 
Account) and to remain available until expended:  Provided, That none 
of the funds in this Act shall be available for the implementation or 
execution of programs, the obligations for which are in excess of 
$307,000,000, for ``Motor Carrier Safety Grants''; of which 
$212,000,000 shall be available for the motor carrier safety assistance 
program to carry out sections 31102 and 31104(a) of title 49, United 
States Code; $30,000,000 shall be available for the commercial driver's 
license improvements program to carry out section 31313 of title 49, 
United States Code; $32,000,000 shall be available for the border 
enforcement grants program to carry out section 31107 of title 49, 
United States Code; $5,000,000 shall be available for the performance 
and registration information system management program to carry out 
sections 31106(b) and 31109 of title 49, United States Code; 
$25,000,000 shall be available for the commercial vehicle information 
systems and networks deployment program to carry out section 4126 of 
Public Law 109-59; and $3,000,000 shall be available for the safety 
data improvement program to carry out section 4128 of Public Law 109-
59:  Provided further, That of the funds made available for the motor 
carrier safety assistance program, $32,000,000 shall be available for 
audits of new entrant motor carriers:  Provided further, That of the 
prior year unobligated balances for the commercial vehicle information 
systems and networks deployment program, $1,000,000 is permanently 
rescinded.

 administrative provision--federal motor carrier safety administration

    Sec. 130.  Funds appropriated or limited in this Act shall be 
subject to the terms and conditions stipulated in section 350 of Public 
Law 107-87 and section 6901 of Public Law 110-28, including that the 
Secretary submit a report to the House and Senate Appropriations 
Committees annually on the safety and security of transportation into 
the United States by Mexico-domiciled motor carriers.
    Sec. 131.  Notwithstanding any other provision of law, States 
receiving funds for core or expanded deployment activities under the 
Commercial Vehicle Information Systems and Networks program pursuant to 
sections 4101(c)(4) and 4126 of Public Law 109-59 that did not meet 
award eligibility requirements set forth in section 4126; received 
grant amounts in excess of the maximum amounts specified in sections 
4126(c)(2) or 4126(d)(3); or were awarded grants either prior to or 
after the expiration of the period of performance specified in a grant 
agreement, shall not be required to repay grant amounts received in 
error under such sections and, in addition, shall be reimbursed for 
core or expanded deployment expenditures such States made before the 
date of the enactment of this Act in reliance on a grant awarded in 
error under such sections.
    Sec. 132. (a) No recipient of funds made available in this Act 
shall disseminate personal information (as defined in 18 U.S.C. 
2725(3)) obtained by a State department of motor vehicles in connection 
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as 
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not 
withhold funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.

             National Highway Traffic Safety Administration

                        operations and research

    For expenses necessary to discharge the functions of the Secretary, 
with respect to traffic and highway safety under subtitle C of title X 
of Public Law 109-59 and chapter 301 and part C of subtitle VI of title 
49, United States Code, $140,146,000, of which $20,000,000 shall remain 
available through September 30, 2013.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 403, and chapter 303 of title 49, United States Code, 
$109,500,000, to be derived from the Highway Trust Fund (other than the 
Mass Transit Account) and to remain available until expended:  
Provided, That none of the funds in this Act shall be available for the 
planning or execution of programs the total obligations for which, in 
fiscal year 2012, are in excess of $109,500,000 for programs authorized 
under 23 U.S.C. 403 and chapter 303 of title 49, United States Code:  
Provided further, That within the $109,500,000 obligation limitation 
for operations and research, $20,000,000 shall remain available until 
September 30, 2013 and shall be in addition to the amount of any 
limitation imposed on obligations for future years.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 
2009, 2010, and 2011 of Public Law 109-59, to remain available until 
expended, $550,328,000 to be derived from the Highway Trust Fund (other 
than the Mass Transit Account):  Provided, That none of the funds in 
this Act shall be available for the planning or execution of programs 
the total obligations for which, in fiscal year 2012, are in excess of 
$550,328,000 for programs authorized under 23 U.S.C. 402, 405, 406, 
408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109-59, of which $235,000,000 shall be for ``Highway Safety 
Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant 
Protection Incentive Grants'' under 23 U.S.C. 405; $48,500,000 shall be 
for ``Safety Belt Performance Grants'' under 23 U.S.C. 406, and such 
obligation limitation shall remain available until September 30, 2013 
in accordance with subsection (f) of such section 406 and shall be in 
addition to the amount of any limitation imposed on obligations for 
such grants for future fiscal years, of which up to $10,000,000 may be 
made available by the Secretary as grants to States that enact and 
enforce laws to prevent distracted driving; $34,500,000 shall be for 
``State Traffic Safety Information System Improvements'' under 23 
U.S.C. 408; $139,000,000 shall be for ``Alcohol-Impaired Driving 
Countermeasures Incentive Grant Program'' under 23 U.S.C. 410; 
$25,328,000 shall be for ``Administrative Expenses'' under section 
2001(a)(11) of Public Law 109-59; $29,000,000 shall be for ``High 
Visibility Enforcement Program'' under section 2009 of Public Law 109-
59; $7,000,000 shall be for ``Motorcyclist Safety'' under section 2010 
of Public Law 109-59; and $7,000,000 shall be for ``Child Safety and 
Child Booster Seat Safety Incentive Grants'' under section 2011 of 
Public Law 109-59:  Provided further, That of the funds made available 
for grants to States that enact and enforce laws to prevent distracted 
driving, up to $5,000,000 may be available for the development, 
production, and use of broadcast and print media advertising for 
distracted driving prevention:  Provided further, That none of these 
funds shall be used for construction, rehabilitation, or remodeling 
costs, or for office furnishings and fixtures for State, local or 
private buildings or structures:  Provided further, That not to exceed 
$500,000 of the funds made available for section 410 ``Alcohol-Impaired 
Driving Countermeasures Grants'' shall be available for technical 
assistance to the States:  Provided further, That not to exceed 
$750,000 of the funds made available for the ``High Visibility 
Enforcement Program'' shall be available for the evaluation required 
under section 2009(f) of Public Law 109-59:  Provided further, That of 
the amounts made available under this heading for ``Safety Belt 
Performance Grants'', $25,000,000 shall be available until expended for 
the modernization of the National Automotive Sampling System (NASS), 
and $5,000,000 shall be available for the development of the Driver 
Alcohol Detection System for Safety (DADSS), and $8,500,000 shall be 
available for ``State Traffic Safety Information System Improvements'' 
under 23 U.S.C. 408.

      administrative provisions--national highway traffic safety 
                             administration

    Sec. 140.  Notwithstanding any other provision of law or limitation 
on the use of funds made available under section 403 of title 23, 
United States Code, an additional $130,000 shall be made available to 
the National Highway Traffic Safety Administration, out of the amount 
limited for section 402 of title 23, United States Code, to pay for 
travel and related expenses for State management reviews and to pay for 
core competency development training and related expenses for highway 
safety staff.
    Sec. 141.  The limitations on obligations for the programs of the 
National Highway Traffic Safety Administration set in this Act shall 
not apply to obligations for which obligation authority was made 
available in previous public laws for multiple years but only to the 
extent that the obligation authority has not lapsed or been used.
    Sec. 142.  None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.

                    Federal Railroad Administration

                         safety and operations

    For necessary expenses of the Federal Railroad Administration, not 
otherwise provided for, $176,596,000, of which $12,300,000 shall remain 
available until expended.

                   railroad research and development

    For necessary expenses for railroad research and development, 
$30,000,000, to remain available until expended.

       railroad rehabilitation and improvement financing program

    The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to 
section 512 of the Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94-210), as amended, in such amounts and at such times 
as may be necessary to pay any amounts required pursuant to the 
guarantee of the principal amount of obligations under sections 511 
through 513 of such Act, such authority to exist as long as any such 
guaranteed obligation is outstanding:  Provided, That pursuant to 
section 502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2012.

operating subsidy grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation for the operation of 
intercity passenger rail, as authorized by section 101 of the Passenger 
Rail Investment and Improvement Act of 2008 (division B of Public Law 
110-432), $544,000,000, to remain available until expended:  Provided, 
That the amounts available under this paragraph shall be available for 
the Secretary to approve funding to cover operating losses for the 
Corporation only after receiving and reviewing a grant request for each 
specific train route:  Provided further, That each such grant request 
shall be accompanied by a detailed financial analysis, revenue 
projection, and capital expenditure projection justifying the Federal 
support to the Secretary's satisfaction:  Provided further, That not 
later than 60 days after enactment of this Act, the Corporation shall 
transmit, in electronic format, to the Secretary, the House and Senate 
Committees on Appropriations, the House Committee on Transportation and 
Infrastructure and the Senate Committee on Commerce, Science, and 
Transportation the annual budget and business plan and the 5-Year 
Financial Plan for fiscal year 2012 required under section 204 of the 
Passenger Rail Investment and Improvement Act of 2008:  Provided 
further, That the budget, business plan, and the 5-Year Financial Plan 
shall also include a separate accounting of ridership, revenues, and 
capital and operating expenses for the Northeast Corridor; commuter 
service; long-distance Amtrak service; State-supported service; each 
intercity train route, including Autotrain; and commercial activities 
including contract operations:  Provided further, That the budget, 
business plan and the 5-Year Financial Plan shall include a description 
of work to be funded, along with cost estimates and an estimated 
timetable for completion of the projects covered by these plans:  
Provided further, That the budget, business plan and the 5-Year 
Financial Plan shall include annual information on the maintenance, 
refurbishment, replacement, and expansion for all Amtrak rolling stock 
consistent with the comprehensive fleet plan:  Provided further, That 
the Corporation shall provide semiannual reports in electronic format 
regarding the pending business plan, which shall describe the work 
completed to date, any changes to the business plan, and the reasons 
for such changes, and shall identify all sole-source contract awards 
which shall be accompanied by a justification as to why said contract 
was awarded on a sole-source basis:  Provided further, That the 
Corporation's budget, business plan, 5-Year Financial Plan, semiannual 
reports, and all subsequent supplemental plans shall be displayed on 
the Corporation's Web site within a reasonable timeframe following 
their submission to the appropriate entities:  Provided further, That 
none of the funds under this heading may be obligated or expended until 
the Corporation agrees to continue abiding by the provisions of 
paragraphs 1, 2, 5, 9, and 11 of the summary of conditions for the 
direct loan agreement of June 28, 2002, in the same manner as in effect 
on the date of enactment of this Act:  Provided further, That the 
Corporation shall submit to the House and Senate Committees on 
Appropriations a budget request for fiscal year 2013 in similar format 
and substance to those submitted by executive agencies of the Federal 
Government.

  capital and debt service grants to the national railroad passenger 
                              corporation

    To enable the Secretary of Transportation to make grants to the 
National Railroad Passenger Corporation for capital investments as 
authorized by section 101(c) and 219(b) of the Passenger Rail 
Investment and Improvement Act of 2008 (division B of Public Law 110-
432), $936,778,000, to remain available until expended, of which not to 
exceed $271,000,000 shall be for debt service obligations as authorized 
by section 102 of such Act:  Provided, That after an initial 
distribution of up to $200,000,000, which shall be used by the 
Corporation as a working capital account, all remaining funds shall be 
provided to the Corporation only on a reimbursable basis:  Provided 
further, That the Secretary may retain up to one-fourth of 1 percent of 
the funds provided under this heading to fund the costs of project 
management oversight of capital projects funded by grants provided 
under this heading, as authorized by subsection 101(d) of division B of 
Public Law 110-432:  Provided further, That the Secretary shall approve 
funding for capital expenditures, including advance purchase orders of 
materials, for the Corporation only after receiving and reviewing a 
grant request for each specific capital project justifying the Federal 
support to the Secretary's satisfaction:  Provided further, That none 
of the funds under this heading may be used to subsidize operating 
losses of the Corporation:  Provided further, That none of the funds 
under this heading may be used for capital projects not approved by the 
Secretary of Transportation or on the Corporation's fiscal year 2012 
business plan.

    capital assistance for high speed rail corridors and intercity 
                         passenger rail service

    To enable the Secretary of Transportation to make grants for high-
speed rail projects as authorized under section 26106 of title 49, 
United States Code, capital investment grants to support intercity 
passenger rail service as authorized under section 24406 of title 49, 
United States Code, and congestion grants as authorized under section 
24105 of title 49, United States Code, and to enter into cooperative 
agreements for these purposes as authorized, $100,000,000, to remain 
available until expended:  Provided, That the Administrator of the 
Federal Railroad Administration may retain up to 2 percent of the funds 
provided under this heading to fund the award and oversight by the 
Administrator of grants and cooperative agreements for intercity and 
high-speed rail:  Provided further, That funds provided under this 
paragraph are available to the Administrator for the purposes of 
conducting research and demonstrating technologies supporting the 
development of high-speed rail in the United States, including the 
demonstration of next-generation rolling stock fleet technology and the 
implementation of the Rail Cooperative Research Program authorized by 
section 24910 of title 49, United States Code:  Provided further, That 
funds provided under this paragraph may be used for planning activities 
that lead directly to the development of a passenger rail corridor 
investment plan consistent with the requirements established by the 
Administrator or a State rail plan consistent with chapter 227 of title 
49, United States Code:  Provided further, That funds made available 
for planning activities under the previous proviso may be used to 
facilitate the preparation of a service development plan and related 
environmental impact statement for high-speed corridors located in 
multiple States:  Provided further, That the Federal share payable of 
the costs for which a grant or cooperative agreements is made under 
this heading shall not exceed 80 percent:  Provided further, That in 
addition to the provisions of title 49, United States Code, that apply 
to each of the individual programs funded under this heading, 
subsections 24402(a)(2), 24402(f), 24402(i), and 24403(a) and (c) of 
title 49, United States Code, shall also apply to the provision of 
funds provided under this heading:  Provided further, That a project 
need not be in a State rail plan developed under chapter 227 of title 
49, United States Code, to be eligible for assistance under this 
heading:  Provided further, That recipients of grants under this 
paragraph shall conduct all procurement transactions using such grant 
funds in a manner that provides full and open competition, as 
determined by the Secretary, in compliance with existing labor 
agreements.

       administrative provisions--federal railroad administration

    Sec. 150.  Hereafter, notwithstanding any other provision of law, 
funds provided in this Act for the National Railroad Passenger 
Corporation shall immediately cease to be available to said Corporation 
in the event that the Corporation contracts to have services provided 
at or from any location outside the United States. For purposes of this 
section, the word ``services'' shall mean any service that was, as of 
July 1, 2006, performed by a full-time or part-time Amtrak employee 
whose base of employment is located within the United States.
    Sec. 151.  The Secretary of Transportation may receive and expend 
cash, or receive and utilize spare parts and similar items, from non-
United States Government sources to repair damages to or replace United 
States Government owned automated track inspection cars and equipment 
as a result of third-party liability for such damages, and any amounts 
collected under this section shall be credited directly to the Railroad 
Safety and Operations account of the Federal Railroad Administration, 
and shall remain available until expended for the repair, operation and 
maintenance of automated track inspection cars and equipment in 
connection with the automated track inspection program.
    Sec. 152.  Notwithstanding any other provisions of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of 
an amount determined by the Secretary.

                     Federal Transit Administration

                        administrative expenses

    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $98,713,000:  Provided, That none of the funds provided or 
limited in this Act may be used to create a permanent office of transit 
security under this heading:  Provided further, That upon submission to 
the Congress of the fiscal year 2013 President's budget, the Secretary 
of Transportation shall transmit to Congress the annual report on New 
Starts, including proposed allocations of funds for fiscal year 2013.

                         formula and bus grants

                  (liquidation of contract authority)

                      (limitation on obligations)

                          (highway trust fund)

    For payment of obligations incurred in carrying out the provisions 
of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 
5335, 5339, and 5340 and section 3038 of Public Law 105-178, as 
amended, $9,400,000,000 to be derived from the Mass Transit Account of 
the Highway Trust Fund and to remain available until expended:  
Provided, That funds available for the implementation or execution of 
programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 
105-178, as amended, shall not exceed total obligations of 
$8,360,565,000 in fiscal year 2012.

                research and university research centers

    For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 
5322, and 5506, $40,000,000, to remain available until expended:  
Provided, That $9,000,000 is available to carry out the transit 
cooperative research program under section 5313 of title 49, United 
States Code, $4,100,000 is available for the National Transit Institute 
under section 5315 of title 49, United States Code, and $6,500,000 is 
available for university transportation centers program under section 
5506 of title 49, United States Code:  Provided further, That 
$25,400,000 is available to carry out national research programs under 
sections 5312, 5313, 5314, and 5322 of title 49, United States Code.

                       capital investment grants

              (including rescission and transfer of funds)

    For necessary expenses to carry out section 5309 of title 49, 
United States Code, $1,955,000,000, to remain available until expended, 
of which $38,000,000 shall be available to carry out section 5309(e) of 
such title:  Provided, That not less than $510,000,000 shall be 
available for preliminary engineering, final design, and construction 
of projects expected to receive a Full Funding Grant Agreements during 
calendar year 2012:  Provided further, That the funds awarded for 
preliminary engineering and final design under such a grant shall be 
made available to cover those costs immediately upon grant award:  
Provided further, That of the funds appropriated under this heading in 
Public Law 111-8, $27,000,000 are hereby rescinded.

       grants for energy efficiency and greenhouse gas reductions

    For grants to public transit agencies for capital investments that 
will reduce the energy consumption or greenhouse gas emissions of their 
public transportation systems, $25,000,000, to remain available through 
September 30, 2014:  Provided, That priority shall be given to projects 
that use innovative and potentially replicable approaches to reducing 
energy consumption or greenhouse gas emissions.

             washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as 
authorized under section 601 of division B of Public Law 110-432, 
$150,000,000, to remain available until expended:  Provided, That the 
Secretary shall approve grants for capital and preventive maintenance 
expenditures for the Washington Metropolitan Area Transit Authority 
only after receiving and reviewing a request for each specific project: 
 Provided further, That prior to approving such grants, the Secretary 
shall determine that the Washington Metropolitan Area Transit Authority 
has placed the highest priority on those investments that will improve 
the safety of the system.

       administrative provisions--federal transit administration

    Sec. 160.  The limitations on obligations for the programs of the 
Federal Transit Administration shall not apply to any authority under 
49 U.S.C. 5338, previously made available for obligation, or to any 
other authority previously made available for obligation.
    Sec. 161.  Notwithstanding any other provision of law, funds 
appropriated or limited by this Act under the Federal Transit 
Administration's discretionary program appropriations headings for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 2014, and other recoveries, 
shall be directed to projects eligible to use the funds for the 
purposes for which they were originally provided.
    Sec. 162.  Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2011, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure, 
may be transferred to and administered under the most recent 
appropriation heading for any such section.
    Sec. 163.  Notwithstanding any other provision of law, unobligated 
funds made available for new fixed guideway system projects under the 
heading ``Federal Transit Administration, Capital Investment Grants'' 
in any appropriations Act prior to this Act may be used during this 
fiscal year to satisfy expenses incurred for such projects.
    Sec. 164.  In addition to the amounts made available under section 
5327(c)(1) of title 49, United States Code, the Secretary may use, for 
program management activities described in section 5327(c)(2), 1 
percent of the amount made available to carry out section 5316 of title 
49, United States Code:  Provided, That funds made available for 
program management oversight shall be used to oversee the compliance of 
a recipient or subrecipient of Federal transit assistance consistent 
with activities identified under section 5327(c)(2) and for purposes of 
enforcement.
    Sec. 165. (a) Notwithstanding any other provision of law, 
unobligated funds or recoveries under section 5309 of title 49, United 
States Code, that are available to the Secretary of Transportation for 
reallocation shall be directed to projects eligible to use the funds 
for the purposes for which they were originally provided.
    Sec. 166.  Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(6)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-
related elements of such vessels and facilities, and for repair 
facilities.
    Sec. 167.  Hereafter, the Secretary may not enforce regulations 
related to charter bus service under part 604 of title 49, Code of 
Federal Regulations, for any transit agency who during fiscal year 2008 
was both initially granted a 60-day period to come into compliance with 
part 604, and then was subsequently granted an exception from said 
part.
    Sec. 168.  Hereafter, for purposes of applying the project 
justification and local financial commitment criteria of 49 U.S.C. 
5309(d) to a New Starts project, the Secretary may consider the costs 
and ridership of any connected project in an instance in which private 
parties are making significant financial contributions to the 
construction of the connected project; additionally, the Secretary may 
consider the significant financial contributions of private parties to 
the connected project in calculating the non-Federal share of net 
capital project costs for the New Starts project.
    Sec. 169.  Hereafter, all bus new fixed guideway capital projects 
recommended in the President's fiscal year 2012 budget request for 
funds appropriated under the Capital Investment Grants heading in this 
Act or any other Act shall be funded instead from amounts allocated 
under 49 U.S.C. 5309(m)(2)(C):  Provided, That all such projects shall 
remain subject to the appropriate requirements of 49 U.S.C. 5309(d) and 
(e).

             Saint Lawrence Seaway Development Corporation

    The Saint Lawrence Seaway Development Corporation is hereby 
authorized to make such expenditures, within the limits of funds and 
borrowing authority available to the Corporation, and in accord with 
law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of the Government 
Corporation Control Act, as amended, as may be necessary in carrying 
out the programs set forth in the Corporation's budget for the current 
fiscal year.

                       operations and maintenance

                    (harbor maintenance trust fund)

    For necessary expenses for operations, maintenance, and capital 
asset renewal of those portions of the St. Lawrence Seaway owned, 
operated, and maintained by the Saint Lawrence Seaway Development 
Corporation, $34,000,000, to be derived from the Harbor Maintenance 
Trust Fund, pursuant to Public Law 99-662.

                        Maritime Administration

                       maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag 
merchant fleet to serve the national security needs of the United 
States, $174,000,000, to remain available until expended.

                        operations and training

                         (including rescission)

    For necessary expenses of operations and training activities 
authorized by law, $154,886,000, of which $11,100,000 shall remain 
available until expended for maintenance and repair of training ships 
at State Maritime Academies, and of which $2,400,000 shall remain 
available through September 30, 2013 for Student Incentive Program 
payments at State Maritime Academies, and of which $22,485,000 shall 
remain available until expended for facilities maintenance and repair, 
equipment, and capital improvements at the United State Merchant Marine 
Academy:  Provided, That amounts apportioned for the United States 
Merchant Marine Academy shall be available only upon allotments made 
personally by the Secretary of Transportation or the Assistant 
Secretary for Budget and Programs:  Provided further, That the 
Superintendent, Deputy Superintendent and the Director of the Office of 
Resource Management of the United State Merchant Marine Academy may not 
be allotment holders for the United States Merchant Marine Academy, and 
the Administrator of the Maritime Administration shall hold all 
allotments made by the Secretary of Transportation or the Assistant 
Secretary for Budget and Programs under the previous proviso:  Provided 
further, That 50 percent of the funding made available for the United 
States Merchant Marine Academy under this heading shall be available 
only after the Secretary, in consultation with the Superintendent and 
the Maritime Administrator, completes a plan detailing by program or 
activity how such funding will be expended at the Academy, and this 
plan is submitted to the House and Senate Committees on Appropriations: 
 Provided further, That of the prior year unobligated balances under 
this heading for information technology requirements of Public Law 111-
207, $1,000,000 are permanently rescinded.

                             ship disposal

    For necessary expenses related to the disposal of obsolete vessels 
in the National Defense Reserve Fleet of the Maritime Administration, 
$10,000,000, to remain available until expended.

                     assistance to small shipyards

    To make grants to qualified shipyards as authorized under section 
3508 of Public Law 110-417 or section 54101 of title 46, United States 
Code, $10,000,000, to remain available until expended:  Provided, That 
to be considered for assistance, a qualified shipyard shall submit an 
application for assistance no later than 60 days after enactment of 
this Act:  Provided further, That from applications submitted under the 
previous proviso, the Secretary of Transportation shall make grants no 
later than 120 days after enactment of this Act in such amounts as the 
Secretary determines.

          maritime guaranteed loan (title xi) program account

              (including rescission and transfer of funds)

    For the necessary administrative expenses of the maritime 
guaranteed loan program, $4,000,000 shall be paid to the appropriation 
for ``Operations and Training'', Maritime Administration:  Provided, 
That of the unobligated balance of funds made available for obligation 
under Public Law 110-329 and Public Law 111-118, $35,000,000 are 
permanently rescinded.

           administrative provisions--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control of the Maritime 
Administration, and payments received therefor shall be credited to the 
appropriation charged with the cost thereof:  Provided, That rental 
payments under any such lease, contract, or occupancy for items other 
than such utilities, services, or repairs shall be covered into the 
Treasury as miscellaneous receipts.
    Sec. 171.  Notwithstanding any other provision of law, none of the 
funds provided in this or any other Act shall hereafter be used to make 
a determination of the nonavailability of qualified United States flag 
capacity for purposes of 46 U.S.C. 501(b) for the transportation of 
crude oil distributed from the Strategic Petroleum Reserve unless as 
part of that determination the Secretary of Transportation, after 
consultation with representatives from the United States flag maritime 
industry, provides to the Secretary of Homeland Security a list of 
United States flag vessels with single or collective capacity that may 
be capable of providing the requested transportation services and a 
written justification for not using such United States flag vessels.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

                         (pipeline safety fund)

                     (including transfer of funds)

    For necessary operational expenses of the Pipeline and Hazardous 
Materials Safety Administration, $22,158,000, of which $639,000 shall 
be derived from the Pipeline Safety Fund:  Provided, That $1,000,000 
shall be transferred to ``Pipeline Safety'' in order to fund ``Pipeline 
Safety Information Grants to Communities'' as authorized under section 
60130 of title 49, United States Code.

                       hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety 
functions of the Pipeline and Hazardous Materials Safety 
Administration, $39,020,000, of which $1,716,000 shall remain available 
until September 30, 2014:  Provided, That up to $800,000 in fees 
collected under 49 U.S.C. 5108(g) shall be deposited in the general 
fund of the Treasury as offsetting receipts:  Provided further, That 
there may be credited to this appropriation, to be available until 
expended, funds received from States, counties, municipalities, other 
public authorities, and private sources for expenses incurred for 
training, for reports publication and dissemination, and for travel 
incurred in performance of hazardous materials exemptions and approvals 
functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

    For expenses necessary to conduct the functions of the pipeline 
safety program, for grants-in-aid to carry out a pipeline safety 
program, as authorized by 49 U.S.C. 60107, and to discharge the 
pipeline program responsibilities of the Oil Pollution Act of 1990, 
$118,364,000, of which $21,510,000 shall be derived from the Oil Spill 
Liability Trust Fund and shall remain available until September 30, 
2014; of which $93,854,000 shall be derived from the Pipeline Safety 
Fund, of which $54,265,000 shall remain available until September 30, 
2014; of which $3,000,000, to remain available until expended, shall be 
derived from the Pipeline Safety Design Review Fund, as established by 
this Act.

                     emergency preparedness grants

                     (emergency preparedness fund)

    For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to 
be derived from the Emergency Preparedness Fund, to remain available 
until September 30, 2013:  Provided, That not more than $28,318,000 
shall be made available for obligation in fiscal year 2012 from amounts 
made available by 49 U.S.C. 5116(i) and 5128(b)-(c):  Provided further, 
That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or 
5128(c) shall be made available for obligation by individuals other 
than the Secretary of Transportation, or his designee:  Provided 
further, That unobligated balances of funds provided under this 
paragraph not needed for fiscal year 2012 from the sum made available 
herein shall remain available until expended to invest in the data 
management and information technology modernization efforts, including 
related equipment and non-payroll administrative expenses associated 
solely with this information technology and telecommunications 
infrastructure.

   administrative provision--pipeline and hazardous materials safety 
                             administration

                    cost recovery for design reviews

    Sec. 180.  Section 60117(n) of title 49, United States Code, is 
amended to read as follows:
    ``(n) Cost Recovery For Design Reviews.--
            ``(1) In general.--If the Secretary conducts facility 
        design safety reviews in connection with a proposal to 
        construct, expand, or operate a gas or hazardous liquid 
        pipeline or liquefied natural gas pipeline facility, including 
        construction inspections and oversight, the Secretary may 
        require the person or entity proposing the project to pay the 
        costs incurred by the Secretary relating to such reviews. If 
        the Secretary exercises the cost recovery authority described 
        in this section, the Secretary shall prescribe a fee structure 
        and assessment methodology that is based on the costs of 
        providing these reviews and shall prescribe procedures to 
        collect fees under this section. This authority is in addition 
        to the authority provided in section 60301 of this title.
            ``(2) Notification.--For any new pipeline construction 
        project in which the Secretary will conduct design reviews, the 
        person or entity proposing the project shall notify the 
        Secretary and provide design specifications, construction plans 
        and procedures, and related materials at least 120 days prior 
        to the commencement of construction.
            ``(3) Deposit and use.--The Secretary shall deposit funds 
        paid under this subsection into the Pipeline Safety Design 
        Review Fund. Funds deposited under this section are authorized 
        to be appropriated for the purposes set forth in this chapter. 
        Fees authorized under this section shall be collected and 
        available for obligation only to the extent and in the amount 
        provided in advance in appropriations acts.''.

           Research and Innovative Technology Administration

                        research and development

    For necessary expenses of the Research and Innovative Technology 
Administration, $15,981,000, of which $9,007,000 shall remain available 
until September 30, 2014:  Provided, That there may be credited to this 
appropriation, to be available until expended, funds received from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training.

                      Office of Inspector General

                         salaries and expenses

    For necessary expenses of the Office of Inspector General to carry 
out the provisions of the Inspector General Act of 1978, as amended, 
$82,409,000:  Provided, That the Inspector General shall have all 
necessary authority, in carrying out the duties specified in the 
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate 
allegations of fraud, including false statements to the government (18 
U.S.C. 1001), by any person or entity that is subject to regulation by 
the Department:  Provided further, That the funds made available under 
this heading may be used to investigate, pursuant to section 41712 of 
title 49, United States Code:
            (1) unfair or deceptive practices and unfair methods of 
        competition by domestic and foreign air carriers and ticket 
        agents; and
            (2) the compliance of domestic and foreign air carriers 
        with respect to item (1) of this proviso.

                      Surface Transportation Board

                         salaries and expenses

    For necessary expenses of the Surface Transportation Board, 
including services authorized by 5 U.S.C. 3109, $29,310,000:  Provided, 
That notwithstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Chairman of the Surface 
Transportation Board shall be credited to this appropriation as 
offsetting collections and used for necessary and authorized expenses 
under this heading:  Provided further, That the sum herein appropriated 
from the general fund shall be reduced on a dollar-for-dollar basis as 
such offsetting collections are received during fiscal year 2012, to 
result in a final appropriation from the general fund estimated at no 
more than $28,060,000.

            General Provisions--Department of Transportation

    Sec. 190.  During the current fiscal year, applicable 
appropriations to the Department of Transportation shall be available 
for maintenance and operation of aircraft; hire of passenger motor 
vehicles and aircraft; purchase of liability insurance for motor 
vehicles operating in foreign countries on official department 
business; and uniforms or allowances therefor, as authorized by law (5 
U.S.C. 5901-5902).
    Sec. 191.  Appropriations contained in this Act for the Department 
of Transportation shall be available for services as authorized by 5 
U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the rate for an Executive Level IV.
    Sec. 192.  None of the funds in this Act shall be available for 
salaries and expenses of more than 110 political and Presidential 
appointees in the Department of Transportation:  Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 193.  Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration 
from States, counties, municipalities, other public authorities, and 
private sources for expenses incurred for training may be credited 
respectively to the Federal Highway Administration's ``Federal-Aid 
Highways'' account, the Federal Transit Administration's ``Research and 
University Research Centers'' account, and to the Federal Railroad 
Administration's ``Safety and Operations'' account, except for State 
rail safety inspectors participating in training pursuant to 49 U.S.C. 
20105.
    Sec. 194.  None of the funds in this Act to the Department of 
Transportation may be used to make a grant unless the Secretary of 
Transportation notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any project 
competitively selected to receive a discretionary grant award, any 
discretionary grant award, letter of intent, or full funding grant 
agreement totaling $1,000,000 or more is announced by the department or 
its modal administrations from:
            (1) any discretionary grant program of the Federal Highway 
        Administration including the emergency relief program;
            (2) the airport improvement program of the Federal Aviation 
        Administration;
            (3) any program of the Federal Railroad Administration;
            (4) any program of the Federal Transit Administration other 
        than the formula grants and fixed guideway modernization 
        programs; or
            (5) any funding provided under the headings ``National 
        Infrastructure Investments'' and ``Assistance to Small 
        Shipyards'' in this Act:  Provided, That the Secretary gives 
        concurrent notification to the House and Senate Committees on 
        Appropriations for any ``quick release'' of funds from the 
        emergency relief program:  Provided further, That no 
        notification shall involve funds that are not available for 
        obligation.
    Sec. 195.  Rebates, refunds, incentive payments, minor fees and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations 
of the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 196.  Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third-party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments or contractor support in the implementation 
        of the Improper Payments Information Act of 2002:  Provided, 
        That amounts in excess of that required for paragraphs (1) and 
        (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and 
                period for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts:  Provided further, That prior to the transfer 
                of any such recovery to an appropriations account, the 
                Secretary shall notify to the House and Senate 
                Committees on Appropriations of the amount and reasons 
                for such transfer:  Provided further, That for purposes 
                of this section, the term ``improper payments'', has 
                the same meaning as that provided in section 2(d)(2) of 
                Public Law 107-300.
    Sec. 197.  Notwithstanding any other provision of law, if any funds 
provided in or limited by this Act are subject to a reprogramming 
action that requires notice to be provided to the House and Senate 
Committees on Appropriations, said reprogramming action shall be 
approved or denied solely by the Committees on Appropriations:  
Provided, That the Secretary may provide notice to other congressional 
committees of the action of the Committees on Appropriations on such 
reprogramming but not sooner than 30 days following the date on which 
the reprogramming action has been approved or denied by the House and 
Senate Committees on Appropriations.
    Sec. 198.  None of the funds appropriated or otherwise made 
available under this Act may be used by the Surface Transportation 
Board of the Department of Transportation to charge or collect any 
filing fee for rate or practice complaints filed with the Board in an 
amount in excess of the amount authorized for district court civil suit 
filing fees under section 1914 of title 28, United States Code.
    This title may be cited as the Department of Transportation 
Appropriations Act, 2012.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

               administration, operations, and management

    For necessary salaries and expenses for administration, management 
and operations of the Department of Housing and Urban Development, 
$549,499,000, of which not to exceed $4,610,000 shall be available for 
the immediate Office of the Secretary and Deputy Secretary; not to 
exceed $1,700,000 shall be available for the Office of Hearings and 
Appeals; not to exceed $741,000 shall be available for the Office of 
Small and Disadvantaged Business Utilization; not to exceed $47,984,000 
shall be available for the Office of the Chief Financial Officer; not 
to exceed $94,380,000 shall be available for the Office of the General 
Counsel; not to exceed $2,695,000 shall be available to the Office of 
Congressional and Intergovernmental Relations; not to exceed $3,988,000 
shall be available for the Office of Public Affairs; not to exceed 
$546,000 shall be available to the Office of the Chief Operating 
Officer, not to exceed $256,744,000 shall be available for the Office 
of the Chief Human Capital Officer; not to exceed $10,476,000 shall be 
available for the Office of Departmental Operations and Coordination; 
not to exceed $47,543,000 shall be available for the Office of Field 
Policy and Management; not to exceed $14,654,000 shall be available for 
the Office of the Chief Procurement Officer; not to exceed $3,708,000 
shall be available for the Office of Departmental Equal Employment 
Opportunity; not to exceed $1,448,000 shall be available for the Center 
for Faith-Based and Community Initiatives; not to exceed $2,627,000 
shall be available for the Office of Sustainable Housing and 
Communities; not to exceed $5,605,000 shall be available for the Office 
of Strategic Planning and Management; not to exceed $7,415,000 shall be 
available for the Office of the Chief Disaster and Emergency Management 
Officer; and not to exceed $42,635,000 shall be available for the 
Office of the Chief Information Officer:  Provided further, That the 
Secretary shall provide the Committees on Appropriations quarterly 
written notification regarding the status of pending congressional 
reports:  Provided further, That the Secretary shall provide all signed 
reports required by Congress electronically:  Provided further, That 
not to exceed $25,000 of the amount made available under this paragraph 
for the immediate Office of the Secretary shall be available for 
official reception and representation expenses as the Secretary may 
determine.

                  Program Office Salaries and Expenses

                       public and indian housing

    For necessary salaries and expenses of the Office of Public and 
Indian Housing, $201,233,000.

                   community planning and development

    For necessary salaries and expenses of the Office of Community 
Planning and Development mission area, $101,076,000.

                                housing

    For necessary salaries and expenses of the Office of Housing, 
$392,796,000, of which $8,200,000 shall be for the Office of Risk and 
Regulatory Affairs.

                    policy development and research

    For necessary salaries and expenses of the Office of Policy 
Development and Research, $23,016,000.

                   fair housing and equal opportunity

    For necessary salaries and expenses of the Office of Fair Housing 
and Equal Opportunity, $74,766,000.

            office of healthy homes and lead hazard control

    For necessary salaries and expenses of the Office of Healthy Homes 
and Lead Hazard Control, $7,502,000.

                    rental assistance demonstration

    To conduct a demonstration designed to preserve and improve public 
housing through the voluntary conversion of properties with assistance 
under section 9 of the U.S. Housing Act of 1937, (hereinafter, ``the 
Act''), to properties with assistance under a project-based subsidy 
contract under section 8 of the Act, which shall be eligible for 
renewal under section 524 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997, or assistance under section 8(o)(13) of 
the Act, the Secretary may transfer amounts provided under the headings 
``Public Housing Capital Fund'' and ``Public Housing Operating Fund'' 
to the headings ``Tenant-Based Rental Assistance'' or ``Project-Based 
Rental Assistance'':  Provided, That project applications may be 
received under this demonstration until September 30, 2015:  Provided 
further, That any increase in cost for ``Tenant-Based Rental 
Assistance'' or ``Project-Based Rental Assistance'' associated with 
such conversion shall be equal to amounts transferred from ``Public 
Housing Capital Fund'' and ``Public Housing Operating Fund'':  Provided 
further, That not more than 60,000 units shall be converted under the 
authority provided under this heading:  Provided further, That tenants 
of such converted properties shall, at a minimum, maintain the same 
rights under such conversion as those provided under section 9 of the 
Act:  Provided further, That the Secretary shall select properties from 
applications for conversion as part of this demonstration through a 
competitive process:  Provided further, That in establishing criteria 
for such competition, the Secretary shall seek to demonstrate the 
feasibility of this conversion model to recapitalize and operate public 
housing properties (1) in different markets and geographic areas, (2) 
within portfolios managed by public housing agencies of varying sizes, 
and (3) by leveraging other sources of funding to recapitalize 
properties:  Provided further, That the Secretary shall provide an 
opportunity for public comment on draft eligibility and selection 
criteria and procedures that will apply to the selection of properties 
that will participate in the demonstration:  Provided further, That the 
Secretary shall provide an opportunity for comment from residents of 
properties to be proposed for participation in the demonstration to the 
owners or public housing agencies responsible for such properties:  
Provided further, That the Secretary may waive or specify alternative 
requirements for (except for requirements related to fair housing, 
nondiscrimination, labor standards, and the environment) any provision 
of section 8(o)(13) or any provision that governs the use of assistance 
from which a property is converted under the demonstration or funds 
made available under the headings of ``Public Housing Capital Fund'', 
``Public Housing Operating Fund'', and ``Project-Based Rental 
Assistance'', under this Act or any prior Act or any Act enacted during 
the period of conversion of assistance under the demonstration for 
properties with assistance converted under the demonstration, upon a 
finding by the Secretary that any such waivers or alternative 
requirements are necessary for the effective conversion of assistance 
under the demonstration:  Provided further, That the Secretary shall 
publish by notice in the Federal Register any waivers or alternative 
requirements pursuant to the previous proviso no later than 10 days 
before the effective date of such notice:  Provided further, That the 
demonstration may proceed after the Secretary publishes notice of its 
terms in the Federal Register:  Provided further, That notwithstanding 
sections 3 and 16 of the Act, the conversion of assistance under the 
demonstration shall not be the basis for re-screening or termination of 
assistance or eviction of any tenant family in a property participating 
in the demonstration, and such a family shall not be considered a new 
admission for any purpose, including compliance with income targeting 
requirements:  Provided further, That in the case of a property with 
assistance converted under the demonstration from assistance under 
section 9 of the Act, section 18 of the Act shall not apply to a 
property converting assistance under the demonstration for all or 
substantially all of its units, the Secretary shall require ownership 
or control of assisted units by a public or nonprofit entity except as 
determined by the Secretary to be necessary pursuant to foreclosure, 
bankruptcy, or termination and transfer of assistance for material 
violations or substantial default, shall require long-term renewable 
use and affordability restrictions for assisted units, and may allow 
ownership to be transferred to a for-profit entity to facilitate the 
use of tax credits only if the public housing agency preserves its 
interest in the property in a manner approved by the Secretary:  
Provided further, That the Secretary may permit transfer of assistance 
at or after conversion under the demonstration to replacement units 
subject to the requirements in the previous proviso:  Provided further, 
That the Secretary may establish the requirements for converted 
assistance under the demonstration through contracts, use agreements, 
regulations, or other means:  Provided further, That the Secretary 
shall assess and publish findings regarding the impact of the 
conversion of assistance under the demonstration on the preservation 
and improvement of public housing, the amount of private sector 
leveraging as a result of such conversion, and the effect of such 
conversion on tenants.

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $14,872,357,000, to remain available until 
expended, shall be available on October 1, 2011 (in addition to the 
$4,000,000,000 previously appropriated under this heading that will 
become available on October 1, 2011), and $4,000,000,000, to remain 
available until expended, shall be available on October 1, 2012:  
Provided, That of the amounts made available under this heading are 
provided as follows:
            (1) Not less than $17,143,905,000 shall be available for 
        renewals of expiring section 8 tenant-based annual 
        contributions contracts (including renewals of enhanced 
        vouchers under any provision of law authorizing such assistance 
        under section 8(t) of the Act) and including renewal of other 
        special purpose incremental vouchers:  Provided, That 
        notwithstanding any other provision of law, from amounts 
        provided under this paragraph and any carryover, the Secretary 
        for the calendar year 2012 funding cycle shall provide renewal 
        funding for each public housing agency based on validated 
        voucher management system (VMS) leasing and cost data for the 
        prior calendar year and by applying an inflation factor as 
        established by the Secretary, by notice published in the 
        Federal Register, and by making any necessary adjustments for 
        the costs associated with the first-time renewal of vouchers 
        under this paragraph including tenant protection and HOPE VI 
        vouchers:  Provided further, That none of the funds provided 
        under this paragraph may be used to fund a total number of unit 
        months under lease which exceeds a public housing agency's 
        authorized level of units under contract, except for public 
        housing agencies participating in the Moving to Work (MTW) 
        demonstration, which are instead governed by the terms and 
        conditions of their MTW agreements:  Provided further, That the 
        Secretary shall, to the extent necessary to stay within the 
        amount specified under this paragraph (except as otherwise 
        modified under this Act), pro rate each public housing agency's 
        allocation otherwise established pursuant to this paragraph:  
        Provided further, That except as provided in the following 
        provisos, the entire amount specified under this paragraph 
        (except as otherwise modified under this Act) shall be 
        obligated to the public housing agencies based on the 
        allocation and pro rata method described above, and the 
        Secretary shall notify public housing agencies of their annual 
        budget not later than 60 days after enactment of this Act:  
        Provided further, That the Secretary may extend the 60-day 
        notification period with the prior written approval of the 
        House and Senate Committees on Appropriations:  Provided 
        further, That public housing agencies participating in the 
        Moving to Work demonstration shall be funded pursuant to their 
        Moving to Work agreements and shall be subject to the same pro 
        rata adjustments under the previous provisos:  Provided 
        further, That up to $103,000,000 shall be available only: (1) 
        to adjust the allocations for public housing agencies, after 
        application for an adjustment by a public housing agency that 
        experienced a significant increase, as determined by the 
        Secretary, in renewal costs of tenant-based rental assistance 
        resulting from unforeseen circumstances or from portability 
        under section 8(r) of the Act; (2) for vouchers that were not 
        in use during the 12-month period in order to be available to 
        meet a commitment pursuant to section 8(o)(13) of the Act; (3) 
        for adjustments for costs associated with HUD-Veterans Affairs 
        Supportive Housing (HUD-VASH) vouchers; and (4) for incremental 
        tenant-based assistance for eligible families currently 
        assisted under the Disaster Voucher Program as authorized by 
        Public Law 109-148 under this heading and the Disaster Housing 
        Assistance Program for Hurricanes Ike and Gustav on the 
        condition that such vouchers will not be re-issued when 
        families leave the program:  Provided further, That of the 
        amounts made available under this paragraph, up to $15,000,000 
        may be transferred to and merged with the appropriation for 
        ``Transformation Initiative'';
            (2) $75,000,000 shall be for section 8 rental assistance 
        for relocation and replacement of housing units that are 
        demolished or disposed of pursuant to section 18 of the Act, 
        conversion of section 23 projects to assistance under section 
        8, the family unification program under section 8(x) of the 
        Act, relocation of witnesses in connection with efforts to 
        combat crime in public and assisted housing pursuant to a 
        request from a law enforcement or prosecution agency, enhanced 
        vouchers under any provision of law authorizing such assistance 
        under section 8(t) of the Act, HOPE VI vouchers, mandatory and 
        voluntary conversions, and tenant protection assistance 
        including replacement and relocation assistance or for project-
        based assistance to prevent the displacement of unassisted 
        elderly tenants currently residing in section 202 properties 
        financed between 1959 and 1974 that are refinanced pursuant to 
        Public Law 106-569, as amended, or under the authority as 
        provided under this Act:  Provided, That when a public housing 
        development is submitted for demolition or disposition under 
        section 18 of the Act, the Secretary may provide section 8 
        rental assistance when the units pose an imminent health and 
        safety risk to residents:  Provided further, That the Secretary 
        may only provide replacement vouchers for units that were 
        occupied within the previous 24 months that cease to be 
        available as assisted housing, subject only to the availability 
        of funds:  Provided further, That of the amounts made available 
        under this paragraph, $10,000,000 shall be available to provide 
        tenant protection assistance, not otherwise provided under this 
        paragraph, to residents residing in low-vacancy areas and who 
        may have to pay rents greater than 30 percent of household 
        income, as the result of (1) the maturity of a HUD-insured, 
        HUD-held or section 202 loan that requires the permission of 
        the Secretary prior to loan prepayment; (2) the expiration of a 
        rental assistance contract for which the tenants are not 
        eligible for enhanced voucher or tenant protection assistance 
        under existing law; or (3) the expiration of affordability 
        restrictions accompanying a mortgage or preservation program 
        administered by the Secretary:  Provided further, That such 
        tenant protection assistance made available under the previous 
        proviso may be provided under the authority of section 8(t) or 
        section 8(o)(13) of the United States Housing Act of 1937 (42 
        U.S.C. 1437f(t)):  Provided further, That the Secretary shall 
        issue guidance to implement the previous provisos, including, 
        but not limited to, requirements for defining eligible at-risk 
        households within 120 days of the enactment of this Act;
            (3) $1,400,000,000 shall be for administrative and other 
        expenses of public housing agencies in administering the 
        section 8 tenant-based rental assistance program, of which up 
        to $50,000,000 shall be available to the Secretary to allocate 
        to public housing agencies that need additional funds to 
        administer their section 8 programs, including fees associated 
        with section 8 tenant protection rental assistance, the 
        administration of disaster related vouchers, Veterans Affairs 
        Supportive Housing vouchers, and other incremental vouchers:  
        Provided, That no less than $1,350,000,000 of the amount 
        provided in this paragraph shall be allocated to public housing 
        agencies for the calendar year 2012 funding cycle based on 
        section 8(q) of the Act (and related Appropriation Act 
        provisions) as in effect immediately before the enactment of 
        the Quality Housing and Work Responsibility Act of 1998 (Public 
        Law 105-276):  Provided further, That if the amounts made 
        available under this paragraph are insufficient to pay the 
        amounts determined under the previous proviso, the Secretary 
        may decrease the amounts allocated to agencies by a uniform 
        percentage applicable to all agencies receiving funding under 
        this paragraph or may, to the extent necessary to provide full 
        payment of amounts determined under the previous proviso, 
        utilize unobligated balances, including recaptures and 
        carryovers, remaining from funds appropriated to the Department 
        of Housing and Urban Development under this heading from prior 
        fiscal years, notwithstanding the purposes for which such 
        amounts were appropriated:  Provided further, That amounts 
        provided under this paragraph shall be only for activities 
        related to the provision of tenant-based rental assistance 
        authorized under section 8, including related development 
        activities;
            (4) $60,000,000 shall be available for family self-
        sufficiency coordinators under section 23 of the Act;
            (5) $113,452,000 for the renewal of tenant-based assistance 
        contracts under section 811 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013), including necessary 
        administrative expenses;
            (6) $75,000,000 for incremental rental voucher assistance 
        for use through a supported housing program administered in 
        conjunction with the Department of Veterans Affairs as 
        authorized under section 8(o)(19) of the United States Housing 
        Act of 1937:  Provided, That the Secretary of Housing and Urban 
        Development shall make such funding available, notwithstanding 
        section 204 (competition provision) of this title, to public 
        housing agencies that partner with eligible VA Medical Centers 
        or other entities as designated by the Secretary of the 
        Department of Veterans Affairs, based on geographical need for 
        such assistance as identified by the Secretary of the 
        Department of Veterans Affairs, public housing agency 
        administrative performance, and other factors as specified by 
        the Secretary of Housing and Urban Development in consultation 
        with the Secretary of the Department of Veterans Affairs:  
        Provided further, That the Secretary of Housing and Urban 
        Development may waive, or specify alternative requirements for 
        (in consultation with the Secretary of the Department of 
        Veterans Affairs), any provision of any statute or regulation 
        that the Secretary of Housing and Urban Development administers 
        in connection with the use of funds made available under this 
        paragraph (except for requirements related to fair housing, 
        nondiscrimination, labor standards, and the environment), upon 
        a finding by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective delivery and 
        administration of such voucher assistance:  Provided further, 
        That assistance made available under this paragraph shall 
        continue to remain available for homeless veterans upon turn-
        over;
            (7) $5,000,000 for payments to public housing authorities 
        to be competitively awarded in order to demonstrate the 
        effectiveness of leveraging mainstream resources to address the 
        needs of families and individuals who are homeless or at risk 
        of homelessness, as defined by the Secretary of Housing and 
        Urban Development, to be administered by the Secretary in 
        conjunction with the Department of Health and Human Services 
        and the Department of Education:  Provided, That funds provided 
        under this paragraph shall be awarded to public housing 
        authorities that (1) partner with eligible State and local 
        entities responsible for distributing Temporary Assistance for 
        Needy Families (TANF) and other health and human services, as 
        designated by the Secretary of the Department of Health and 
        Human Services, and (2) partner with school homelessness 
        liaisons funded through the Department of Education's Education 
        for Homeless Children and Youth Program:  Provided further, 
        That the funds may also be available to public housing 
        authorities that partner with eligible State Medicaid agencies 
        and State behavioral health entities, as designated by the 
        Secretary of the Department of Health and Human Services, to 
        provide housing in conjunction with Medicaid case management, 
        substance abuse treatment, and mental health services; and
            (8) The Secretary shall separately track all special 
        purpose vouchers funded under this heading.

                        housing certificate fund

                              (rescission)

    Of the unobligated balances, including recaptures and carryover, 
remaining from funds appropriated to the Department of Housing and 
Urban Development under this heading, $200,000,000 are rescinded, to be 
effected by the Secretary of Housing and Urban Development no later 
than September 30, 2012:  Provided, That if insufficient funds exist 
under these headings, the remaining balance may be derived from any 
other unobligated balances available under any heading under this title 
funded in fiscal year 2011 and prior years:  Provided further, That the 
Secretary shall notify the Committees on Appropriations of the 
unobligated balances used to meet this rescission 30 days in advance of 
such rescission:  Provided further, That any such balances governed by 
reallocation provisions under the statute authorizing the program for 
which the funds were originally appropriated shall be available for the 
rescission:  Provided further, That any obligated balances of contract 
authority from fiscal year 1974 and prior that have been terminated 
shall be cancelled.

                      public housing capital fund

    For the Public Housing Capital Fund Program to carry out capital 
and management activities for public housing agencies, as authorized 
under section 9 of the United States Housing Act of 1937 (42 U.S.C. 
1437g) (the ``Act'') $1,875,000,000, to remain available until 
September 30, 2015:  Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2012 the Secretary of Housing 
and Urban Development may not delegate to any Department official other 
than the Deputy Secretary and the Assistant Secretary for Public and 
Indian Housing any authority under paragraph (2) of section 9(j) 
regarding the extension of the time periods under such section:  
Provided further, That for purposes of such section 9(j), the term 
``obligate'' means, with respect to amounts, that the amounts are 
subject to a binding agreement that will result in outlays, immediately 
or in the future:  Provided further, That up to $10,000,000 shall be to 
support the ongoing Public Housing Financial and Physical Assessment 
activities of the Real Estate Assessment Center (REAC):  Provided 
further, That of the total amount provided under this heading, not to 
exceed $20,000,000 shall be available for the Secretary to make grants, 
notwithstanding section 204 of this Act, to public housing agencies for 
emergency capital needs including safety and security measures 
necessary to address crime and drug-related activity as well as needs 
resulting from unforeseen or unpreventable emergencies and natural 
disasters excluding Presidentially declared emergencies and natural 
disasters under the Robert T. Stafford Disaster Relief and Emergency 
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2012:  Provided 
further, That of the total amount provided under this heading 
$50,000,000 shall be for supportive services, service coordinator and 
congregate services as authorized by section 34 of the Act (42 U.S.C. 
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.):  Provided further, 
That of the total amount provided under this heading, up to $5,000,000 
is to support the costs of administrative and judicial receiverships:  
Provided further, That from the funds made available under this 
heading, the Secretary shall provide bonus awards in fiscal year 2012 
to public housing agencies that are designated high performers.

                     public housing operating fund

    For 2012 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $3,961,850,000, 
of which $20,000,000 shall be available until September 30, 2013:  
Provided, That in determining public housing agencies', including 
Moving to Work agencies', calendar year 2012 funding allocations under 
this heading, the Secretary shall take into account public housing 
agencies' excess operating fund reserves, as determined by the 
Secretary:  Provided further, That Moving to Work agencies shall 
receive a pro-rata reduction consistent with their peer groups:  
Provided further, That no public housing agency shall be left with less 
than $100,000 in operating reserves:  Provided further, That the 
Secretary shall not offset excess reserves by more than $750,000,000:  
Provided further, That in implementing such allocation reductions, the 
Secretary shall establish a process by which public housing agencies 
can appeal the initial allocation amounts and the Secretary shall 
consider adjustments based on such factors, including prior funding 
reservations, commitments related to mixed finance developments, or 
reporting errors:  Provided further, That the Secretary shall notify 
public housing agencies of such process and what documentation may be 
required as part of such appeal:  Provided further, That following the 
appeals process established under the previous two provisos, the 
Secretary shall make final allocations:  Provided further, That of the 
amount provided under this heading up to $20,000,000 may be set aside 
to provide assistance to any public housing authority who encounters 
financial hardship as a direct result of an excess reserve offset 
applied to an allocation of funding under this heading:  Provided 
further, That the Secretary shall provide flexibility to public housing 
agencies to use excess operating reserves for capital improvements.

                          choice neighborhoods

    For competitive grants under the Choice Neighborhoods Initiative 
(subject to section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v), unless otherwise specified under this heading), for 
transformation, rehabilitation, and replacement housing needs of both 
public and HUD-assisted housing and to transform neighborhoods of 
poverty into functioning, sustainable mixed income neighborhoods with 
appropriate services, schools, public assets, transportation and access 
to jobs, $120,000,000, to remain available until September 30, 2014:  
Provided, That grant funds may be used for resident and community 
services, community development, and affordable housing needs in the 
community, and for conversion of vacant or foreclosed properties to 
affordable housing:  Provided further, That grantees shall undertake 
comprehensive local planning with input from residents and the 
community, and that grantees shall provide a match in State, local, 
other Federal or private funds:  Provided further, That grantees may 
include local governments, tribal entities, public housing authorities, 
and nonprofits:  Provided further, That for-profit developers may apply 
jointly with a public entity:  Provided further, That of the amount 
provided, not less than $80,000,000 shall be awarded to public housing 
authorities:  Provided further, That such grantees shall create 
partnerships with other local organizations including assisted housing 
owners, service agencies, and resident organizations:  Provided 
further, That the Secretary shall consult with the Secretaries of 
Education, Labor, Transportation, Health and Human Services, 
Agriculture, and Commerce and the Administrator of the Environmental 
Protection Agency to coordinate and leverage other appropriate Federal 
resources:  Provided further, That no more than $5,000,000 of funds 
made available under this heading may be provided to assist communities 
in developing comprehensive strategies for implementing this program or 
implementing other revitalization efforts in conjunction with community 
notice and input:  Provided further, That the Secretary shall develop 
and publish guidelines for the use of such competitive funds, including 
but not limited to eligible activities, program requirements, and 
performance metrics.

                  native american housing block grants

    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$650,000,000, to remain available until expended:  Provided, That, 
notwithstanding the Native American Housing Assistance and Self-
Determination Act of 1996, to determine the amount of the allocation 
under title I of such Act for each Indian tribe, the Secretary shall 
apply the formula under section 302 of such Act with the need component 
based on single-race census data and with the need component based on 
multi-race census data, and the amount of the allocation for each 
Indian tribe shall be the greater of the two resulting allocation 
amounts:  Provided further, That of the amounts made available under 
this heading, $3,500,000 shall be contracted for assistance for a 
national organization representing Native American housing interests 
for providing training and technical assistance to Indian housing 
authorities and tribally designated housing entities as authorized 
under NAHASDA; and $4,250,000 shall be to support the inspection of 
Indian housing units, contract expertise, training, and technical 
assistance in the training, oversight, and management of such Indian 
housing and tenant-based assistance, including up to $300,000 for 
related travel:  Provided further, That of the amount provided under 
this heading, $2,000,000 shall be made available for the cost of 
guaranteed notes and other obligations, as authorized by title VI of 
NAHASDA:  Provided further, That such costs, including the costs of 
modifying such notes and other obligations, shall be as defined in 
section 502 of the Congressional Budget Act of 1974, as amended:  
Provided further, That these funds are available to subsidize the total 
principal amount of any notes and other obligations, any part of which 
is to be guaranteed, not to exceed $20,000,000.

                  native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized 
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $13,000,000, to 
remain available until expended:  Provided, That of this amount, 
$300,000 shall be for training and technical assistance activities, 
including up to $100,000 for related travel by Hawaii-based HUD 
employees.

           indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z), 
$7,000,000, to remain available until expended:  Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974:  Provided 
further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, up to $428,000,000:  
Provided further, That up to $750,000 shall be for administrative 
contract expenses including management processes and systems to carry 
out the loan guarantee program.

      native hawaiian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z) and 
for such costs for loans used for refinancing, $386,000, to remain 
available until expended:  Provided, That such costs, including the 
costs of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974:  Provided further, That these 
funds are available to subsidize total loan principal, any part of 
which is to be guaranteed, not to exceed $41,504,000.

                   Community Planning and Development

              housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $330,000,000, to remain available until September 30, 
2013, except that amounts allocated pursuant to section 854(c)(3) of 
such Act shall remain available until September 30, 2014:  Provided, 
That the Secretary shall renew all expiring contracts for permanent 
supportive housing that were funded under section 854(c)(3) of such Act 
that meet all program requirements before awarding funds for new 
contracts and activities authorized under this section.

                       community development fund

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $3,001,027,000, to remain available until September 30, 
2013, unless otherwise specified:  Provided, That of the total amount 
provided, $2,851,027,000 is for carrying out the community development 
block grant program under title I of the Housing and Community 
Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 
5301 et seq.):  Provided further, That unless explicitly provided for 
under this heading (except for planning grants provided in the second 
paragraph and amounts made available under the third paragraph), not to 
exceed 20 percent of any grant made with funds appropriated under this 
heading shall be expended for planning and management development and 
administration:  Provided further, That $60,000,000 shall be for grants 
to Indian tribes notwithstanding section 106(a)(1) of such Act, of 
which, notwithstanding any other provision of law (including section 
204 of this Act), up to $3,960,000 may be used for emergencies that 
constitute imminent threats to health and safety.
    Of the amounts made available under this heading, $90,000,000 shall 
be made available for a Sustainable Communities Initiative to improve 
regional planning efforts that integrate housing and transportation 
decisions, and increase the capacity to improve land use and zoning:  
Provided, That $63,000,000 shall be for Regional Integrated Planning 
Grants to support the linking of transportation and land use planning:  
Provided further, That not less than $15,750,000 of the funding made 
available for Regional Integrated Planning Grants shall be awarded to 
metropolitan areas of less than 500,000:  Provided further, That 
$27,000,000 shall be for Community Challenge Planning Grants to foster 
reform and reduce barriers to achieve affordable, economically vital, 
and sustainable communities:  Provided further, That the Secretary will 
consult with the Secretary of Transportation in evaluating grant 
proposals.

           community development block grant disaster funding

    For an additional amount for the ``Community Development Fund'', 
for necessary expenses related to disaster relief, long-term recovery, 
and restoration of infrastructure, housing, and economic revitalization 
resulting from a major disaster designation pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122(2)) in 2011, $400,000,000, to remain available until expended, for 
activities authorized under title I of the Housing and Community 
Development Act of 1974 (Public Law 93-383):  Provided, That the amount 
provided under this heading is designated by Congress as being for 
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended:  Provided further, That funds shall be awarded directly to the 
State or unit of general local government at the discretion of the 
Secretary:  Provided further, That prior to the obligation of funds a 
grantee shall submit a plan to the Secretary detailing the proposed use 
of all funds, including criteria for eligibility and how the use of 
these funds will address long-term recovery and restoration of 
infrastructure:  Provided further, That funds provided under this 
heading may be used by a State or locality as a matching requirement, 
share, or contribution for any other Federal program:  Provided 
further, That such funds may not be used for activities reimbursable 
by, or for which funds are made available by, the Federal Emergency 
Management Agency or the Army Corps of Engineers:  Provided further, 
That funds allocated under this heading shall not adversely affect the 
amount of any formula assistance received by a State or subdivision 
thereof under the Community Development Fund:  Provided further, That a 
State or subdivision thereof may use up to 5 percent of its allocation 
for administrative costs:  Provided further, That in administering the 
funds under this heading, the Secretary of Housing and Urban 
Development may waive, or specify alternative requirements for, any 
provision of any statute or regulation that the Secretary administers 
in connection with the obligation by the Secretary or the use by the 
recipient of these funds or guarantees (except for requirements related 
to fair housing, nondiscrimination, labor standards, and the 
environment), upon a request by a State or subdivision thereof 
explaining why such waiver is required to facilitate the use of such 
funds or guarantees, if the Secretary finds that such waiver would not 
be inconsistent with the overall purpose of title I of the Housing and 
Community Development Act of 1974:  Provided further, That the 
Secretary shall publish in the Federal Register any waiver of any 
statute or regulation that the Secretary administers pursuant to title 
I of the Housing and Community Development Act of 1974 no later than 5 
days before the effective date of such waiver.

         community development loan guarantees program account

    For the cost of guaranteed loans, $4,960,000, to remain available 
until September 30, 2012, as authorized by section 108 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 5308):  Provided, That 
such costs, including the cost of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974:  
Provided further, That these funds are available to subsidize total 
loan principal, any part of which is to be guaranteed, not to exceed 
$200,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.

                  home investment partnerships program

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,000,000,000, to remain available until September 30, 2013:  
Provided, That notwithstanding the amount made available under this 
heading, the threshold reduction requirements in sections 216(10) and 
217(b)(4) of such Act shall not apply to allocation of such amount:  
Provided further, That funds made available under this heading used for 
projects not completed within 4 years of the commitment date, as 
determined by a signature of each party to the agreement shall be 
repaid:  Provided further, That the Secretary may extend the deadline 
for 1 year if the Secretary determines that the failure to complete the 
project is beyond the control of the participating jurisdiction:  
Provided further, That no funds provided under this heading may be 
committed to any project included as part of a participating 
jurisdiction's plan under section 105(b), unless each participating 
jurisdiction certifies that it has conducted an underwriting review, 
assessed developer capacity and fiscal soundness, and examined 
neighborhood market conditions to ensure adequate need for each 
project:  Provided further, That any homeownership units funded under 
this heading which cannot be sold to an eligible homeowner within 6 
months of project completion shall be rented to an eligible tenant:  
Provided further, That no funds provided under this heading may be 
awarded for development activities to a community housing development 
organization that cannot demonstrate that it is has staff with 
demonstrated development experience:  Provided further, That funds 
provided in prior appropriations Acts for technical assistance, that 
were made available for Community Housing Development Organizations 
technical assistance, and that still remain available, may be used for 
HOME technical assistance notwithstanding the purposes for which such 
amounts were appropriated.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, 
as authorized under section 11 of the Housing Opportunity Program 
Extension Act of 1996, as amended, $57,000,000, to remain available 
until September 30, 2013:  Provided, That of the total amount provided 
under this heading, $17,000,000 shall be made available to the Self-
Help and Assisted Homeownership Opportunity Program as authorized under 
section 11 of the Housing Opportunity Program Extension Act of 1996, as 
amended:  Provided further, That $35,000,000 shall be made available 
for the second, third and fourth capacity building activities 
authorized under section 4(a) of the HUD Demonstration Act of 1993 (42 
U.S.C. 9816 note), of which not less than $5,000,000 may be made 
available for rural capacity-building activities:  Provided further, 
That $5,000,000 shall be made available for capacity-building 
activities for a national organization with expertise in rural housing, 
including experience working with rural housing organizations, local 
governments, and Indian tribes.

                       homeless assistance grants

                     (including transfer of funds)

    For the emergency solutions grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, 
as amended; the continuum of care program as authorized under subtitle 
C of title IV of such Act; and the rural housing stability assistance 
program as authorized under subtitle D of title IV of such Act, 
$1,901,190,000, of which $1,896,190,000 shall remain available until 
September 30, 2014, and of which $5,000,000 shall remain available 
until expended for project-based rental assistance with rehabilitation 
projects with 10-year grant terms and any rental assistance amounts 
that are recaptured under such continuum of care program shall remain 
available until expended:  Provided, That not less than $286,000,000 of 
the funds appropriated under this heading shall be available for such 
emergency solutions grants program:  Provided further, That not less 
than $1,602,190,000 of the funds appropriated under this heading shall 
be available for such continuum of care and rural housing stability 
assistance programs:  Provided further, That up to $8,000,000 of the 
funds appropriated under this heading shall be available for the 
national homeless data analysis project:  Provided further, That for 
all match requirements applicable to funds made available under this 
heading for this fiscal year and prior years, a grantee may use (or 
could have used) as a source of match funds other funds administered by 
the Secretary and other Federal agencies unless there is (or was) a 
specific statutory prohibition on any such use of any such funds:  
Provided further, That the Secretary shall renew on an annual basis 
expiring contracts or amendments to contracts funded under the 
continuum of care program if the program is determined to be needed 
under the applicable continuum of care and meets appropriate program 
requirements and financial standards, as determined by the Secretary:  
Provided further, That all awards of assistance under this heading 
shall be required to coordinate and integrate homeless programs with 
other mainstream health, social services, and employment programs for 
which homeless populations may be eligible, including Medicaid, State 
Children's Health Insurance Program, Temporary Assistance for Needy 
Families, Food Stamps, and services funding through the Mental Health 
and Substance Abuse Block Grant, Workforce Investment Act, and the 
Welfare-to-Work grant program:  Provided further, That all balances for 
Shelter Plus Care renewals previously funded from the Shelter Plus Care 
Renewal account and transferred to this account shall be available, if 
recaptured, for continuum of care renewals in fiscal year 2012.

                            Housing Programs

                    project-based rental assistance

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937 (42 
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for, 
$9,018,672,000, to remain available until expended, shall be available 
on October 1, 2011 (in addition to the $400,000,000 previously 
appropriated under this heading that will become available October 1, 
2012), and $400,000,000, to remain available until expended, shall be 
available on October 1, 2012:  Provided, That the amounts made 
available under this heading shall be available for expiring or 
terminating section 8 project-based subsidy contracts (including 
section 8 moderate rehabilitation contracts), for amendments to section 
8 project-based subsidy contracts (including section 8 moderate 
rehabilitation contracts), for contracts entered into pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11401), for renewal of section 8 contracts for units in projects that 
are subject to approved plans of action under the Emergency Low Income 
Housing Preservation Act of 1987 or the Low-Income Housing Preservation 
and Resident Homeownership Act of 1990, and for administrative and 
other expenses associated with project-based activities and assistance 
funded under this paragraph:  Provided further, That of the total 
amounts provided under this heading, not to exceed $289,000,000 shall 
be available for performance-based contract administrators for section 
8 project-based assistance:  Provided  further, That the Secretary of 
Housing and Urban Development may also use such amounts in the previous 
proviso for performance-based contract administrators for the 
administration of: interest reduction payments pursuant to section 
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent 
supplement payments pursuant to section 101 of the Housing and Urban 
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental 
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental 
assistance contracts for the elderly under section 202(c)(2) of the 
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance 
contracts for supportive housing for persons with disabilities under 
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing 
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to 
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat. 
667); and loans under section 202 of the Housing Act of 1959 (Public 
Law 86-372; 73 Stat. 667):  Provided further, That amounts recaptured 
under this heading may be used for renewals of or amendments to section 
8 project-based contracts or for performance-based contract 
administrators, notwithstanding the purposes for which such amounts 
were appropriated.

                        housing for the elderly

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for senior 
preservation rental assistance contracts, as authorized by section 
811(e) of the American Housing and Economic Opportunity Act of 2000, as 
amended, and for supportive services associated with the housing, 
$369,627,000 to remain available until September 30, 2015:  Provided, 
That of the amount provided under this heading, up to $91,000,000 shall 
be for service coordinators and the continuation of existing congregate 
service grants for residents of assisted housing projects, and of which 
up to $20,000,000 shall be for grants under section 202b of the Housing 
Act of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects 
under such section to assisted living, service-enriched housing, or 
related use for substantial and emergency repairs as determined by the 
Secretary:  Provided further, That amounts under this heading shall be 
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 capital advance 
projects:  Provided further, That the Secretary may waive the 
provisions of section 202 governing the terms and conditions of project 
rental assistance, except that the initial contract term for such 
assistance shall not exceed 5 years in duration.

                 housing for persons with disabilities

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with 
disabilities, as authorized by section 811 of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013) and for project rental 
assistance for supportive housing for persons with disabilities under 
section 811(d)(2) of such Act, including amendments to contracts for 
such assistance and renewal of expiring contracts for such assistance 
for up to a 1-year term, and for supportive services associated with 
the housing for persons with disabilities as authorized by section 
811(b)(1) of such Act, $150,000,000 to remain available until September 
30, 2015:  Provided, That the Secretary may waive the provisions of 
section 811 governing the terms and conditions of project rental 
assistance, except that the initial contract term for such assistance 
shall not exceed 5 years in duration:  Provided further, That amounts 
made available under this heading shall be available for Real Estate 
Assessment Center inspections and inspection-related activities 
associated with section 811 Capital Advance Projects:  Provided 
further, That the Secretary shall conduct a demonstration program to 
make available funds provided under this heading for project rental 
assistance to State housing finance agencies and other appropriate 
entities as authorized under section 811(b)(3) of the Cranston-Gonzalez 
National Affordable Housing Act (42 U.S.C. 8013(b)(3)).

                     Housing Counseling Assistance

    For contracts, grants, and other assistance excluding loans, as 
authorized under section 106 of the Housing and Urban Development Act 
of 1968, as amended, $60,000,000, including up to $2,500,000 for 
administrative contract services, to remain available until September 
30, 2012:  Provided, That grants made available from amounts provided 
under this heading shall be awarded within 120 days of enactment of 
this Act:  Provided further, That funds shall be used for providing 
counseling and advice to tenants and homeowners, both current and 
prospective, with respect to property maintenance, financial 
management/literacy, and such other matters as may be appropriate to 
assist them in improving their housing conditions, meeting their 
financial needs, and fulfilling the responsibilities of tenancy or 
homeownership; for program administration; and for housing counselor 
training.

                    other assisted housing programs

                       rental housing assistance

    For amendments to or extensions for up to 1 year of contracts under 
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 
1701s) and section 236(f)(2) of the National Housing Act (12 U.S.C. 
1715z-1) in State-aided, noninsured rental housing projects, 
$1,300,000, to remain available until expended.

                            rent supplement

                              (rescission)

    Of the amounts recaptured from terminated contracts under section 
101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) 
and section 236 of the National Housing Act (12 U.S.C. 1715z-1) 
$231,600,000 are rescinded:  Provided, That no amounts may be rescinded 
from amounts that were designated by the Congress as an emergency 
requirement pursuant to the Concurrent Resolution on the Budget or the 
Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

            payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 
et seq.), up to $9,000,000, to remain available until expended, of 
which $4,000,000 is to be derived from the Manufactured Housing Fees 
Trust Fund:  Provided, That not to exceed the total amount appropriated 
under this heading shall be available from the general fund of the 
Treasury to the extent necessary to incur obligations and make 
expenditures pending the receipt of collections to the Fund pursuant to 
section 620 of such Act:  Provided further, That the amount made 
available under this heading from the general fund shall be reduced as 
such collections are received during fiscal year 2011 so as to result 
in a final fiscal year 2011 appropriation from the general fund 
estimated at not more than $5,000,000 and fees pursuant to such section 
620 shall be modified as necessary to ensure such a final fiscal year 
2011 appropriation:  Provided further, That for the dispute resolution 
and installation programs, the Secretary of Housing and Urban 
Development may assess and collect fees from any program participant:  
Provided further, That such collections shall be deposited into the 
Fund, and the Secretary, as provided herein, may use such collections, 
as well as fees collected under section 620, for necessary expenses of 
such Act:  Provided further, That notwithstanding the requirements of 
section 620 of such Act, the Secretary may carry out responsibilities 
of the Secretary under such Act through the use of approved service 
providers that are paid directly by the recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

    New commitments to guarantee single family loans insured under the 
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to 
remain available until September 30, 2013:  Provided, That during 
fiscal year 2012, obligations to make direct loans to carry out the 
purposes of section 204(g) of the National Housing Act, as amended, 
shall not exceed $50,000,000:  Provided further, That the foregoing 
amount in the previous proviso shall be for loans to nonprofit and 
governmental entities in connection with sales of single family real 
properties owned by the Secretary and formerly insured under the Mutual 
Mortgage Insurance Fund. For administrative contract expenses of the 
Federal Housing Administration, $206,586,000, to remain available until 
September 30, 2013, of which up to $70,652,000 may be transferred to 
and merged with the Working Capital Fund:  Provided further, That to 
the extent guaranteed loan commitments exceed $200,000,000,000 on or 
before April 1, 2012, an additional $1,400 for administrative contract 
expenses shall be available for each $1,000,000 in additional 
guaranteed loan commitments (including a pro rata amount for any amount 
below $1,000,000), but in no case shall funds made available by this 
proviso exceed $30,000,000.

                general and special risk program account

    During fiscal year 2012, commitments to guarantee loans incurred 
under the General and Special Risk Insurance Funds, as authorized by 
sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 and 
1735c), shall not exceed $25,000,000,000 in total loan principal, any 
part of which is to be guaranteed.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238, and 519(a) of the National 
Housing Act, shall not exceed $20,000,000, which shall be for loans to 
nonprofit and governmental entities in connection with the sale of 
single family real properties owned by the Secretary and formerly 
insured under such Act.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 
1721(g)), shall not exceed $500,000,000,000, to remain available until 
September 30, 2013:  Provided, That $20,000,000 shall be available for 
personnel compensation and benefits, and other administrative expenses 
of the Government National Mortgage Association:  Provided further, 
That to the extent that guaranteed loan commitments will and do exceed 
$300,000,000,000, an additional $100 for personnel compensation and 
benefits, and administrative expenses shall be available until expended 
for each $1,000,000 in additional guaranteed loan commitments 
(including a pro rata amount for any amount below $1,000,000):  
Provided further, That receipts from Commitment and Multiclass fees 
collected pursuant to title III of the National Housing Act, as 
amended, shall be credited as offsetting collections to this account.

                    Policy Development and Research

                        research and technology

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including 
carrying out the functions of the Secretary of Housing and Urban 
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of 
1968, $45,825,000, to remain available until September 30, 2013:  
Provided, That with respect to amounts made available under this 
heading, notwithstanding section 204 of this title, the Secretary may 
enter into cooperative agreements funded with philanthropic entities, 
other Federal agencies, or State or local governments and their 
agencies for research projects:  Provided further, That with respect to 
the previous proviso, such partners to the cooperative agreements must 
contribute at least a 50 percent match toward the cost of the project:  
Provided further, That for non-competitive agreements entered into in 
accordance with the previous two provisos, the Secretary of Housing and 
Urban Development shall comply with section 2(b) of the Federal Funding 
Accountability and Transparency Act of 2006 (Public Law 109-282, 31 
U.S.C. note) in lieu of compliance with section 102(a)(4)(C) with 
respect to documentation of award decisions.

                   Fair Housing and Equal Opportunity

                        fair housing activities

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act of 1987, as amended, 
$70,847,000, to remain available until September 30, 2013, of which 
$42,500,000 shall be to carry out activities pursuant to such section 
561:  Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may 
assess and collect fees to cover the costs of the Fair Housing Training 
Academy, and may use such funds to provide such training:  Provided 
further, That no funds made available under this heading shall be used 
to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan:  
Provided further, That of the funds made available under this heading, 
$300,000 shall be available to the Secretary of Housing and Urban 
Development for the creation and promotion of translated materials and 
other programs that support the assistance of persons with limited 
English proficiency in utilizing the services provided by the 
Department of Housing and Urban Development.

            Office of Healthy Homes and Lead Hazard Control

                         lead hazard reduction

    For the Lead Hazard Reduction Program, as authorized by section 
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$120,000,000, to remain available until September 30, 2013, pursuant to 
sections 501 and 502 of the Housing and Urban Development Act of 1970 
that shall include research, studies, testing, and demonstration 
efforts, including education and outreach concerning lead-based paint 
poisoning and other housing-related diseases and hazards:  Provided, 
That for purposes of environmental review, pursuant to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
provisions of the law that further the purposes of such Act, a grant 
under the Healthy Homes Initiative, Operation Lead Elimination Action 
Plan (LEAP), or the Lead Technical Studies program under this heading 
or under prior appropriations Acts for such purposes under this 
heading, shall be considered to be funds for a special project for 
purposes of section 305(c) of the Multifamily Housing Property 
Disposition Reform Act of 1994:  Provided further, That of the total 
amount made available under this heading, $45,000,000 shall be made 
available on a competitive basis for areas with the highest lead paint 
abatement needs:  Provided further, That each recipient of funds 
provided under the second proviso shall make a matching contribution in 
an amount not less than 25 percent:  Provided further, That the 
Secretary may waive the matching requirement cited in the preceding 
proviso on a case by case basis if the Secretary determines that such a 
waiver is necessary to advance the purposes of this program:  Provided 
further, That each applicant shall submit a detailed plan and strategy 
that demonstrates adequate capacity that is acceptable to the Secretary 
to carry out the proposed use of funds pursuant to a notice of funding 
availability:  Provided further, That amounts made available under this 
heading in this or prior appropriations Acts, and that still remain 
available, may be used for any purpose under this heading 
notwithstanding the purpose for which such amounts were appropriated if 
a program competition is undersubscribed and there are other program 
competitions under this heading that are oversubscribed.

                          Working Capital Fund

    For additional capital for the Working Capital Fund (42 U.S.C. 
3535) for the maintenance of infrastructure for Department-wide 
information technology systems, for the continuing operation and 
maintenance of both Department-wide and program-specific information 
systems, and for program-related maintenance activities, $192,475,000, 
to remain available until September 30, 2013:  Provided, That any 
amounts transferred to this Fund under this Act shall remain available 
until expended:  Provided further, That any amounts transferred to this 
Fund from amounts appropriated by previously enacted appropriations 
Acts may be used for the purposes specified under this Fund, in 
addition to any other information technology the purposes for which 
such amounts were appropriated:  Provided further, That not more than 
25 percent of the funds made available under this heading for 
Development, Modernization and Enhancement, including development and 
deployment of a Next Generation of Voucher Management System and 
development and deployment of modernized Federal Housing Administration 
systems may be obligated until the Secretary submits to the Committees 
on Appropriations a plan for expenditure that--(A) identifies for each 
modernization project: (i) the functional and performance capabilities 
to be delivered and the mission benefits to be realized, (ii) the 
estimated life-cycle cost, and (iii) key milestones to be met; (B) 
demonstrates that each modernization project is: (i) compliant with the 
department's enterprise architecture, (ii) being managed in accordance 
with applicable life-cycle management policies and guidance, (iii) 
subject to the department's capital planning and investment control 
requirements, and (iv) supported by an adequately staffed project 
office; and (C) has been reviewed by the Government Accountability 
Office.

                      Office of Inspector General

    For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as amended, 
$124,750,000:  Provided, That the Inspector General shall have 
independent authority over all personnel issues within this office.

                       Transformation Initiative

                     (including transfer of funds)

    Of the amounts made available in this Act under each of the 
following headings under this title, the Secretary may transfer to, and 
merge with, this account up to 0.5 percent from each such account, and 
such transferred amounts shall be available until September 30, 2014, 
for: (1) research, evaluation, and program metrics; (2) program 
demonstrations; and (3) technical assistance and capacity building:  
``Choice Neighborhoods Initiative'', ``Housing Opportunities for 
Persons With AIDS'', ``Community Development Fund'', ``HOME Investment 
Partnerships Program'', ``Self-Help and Assisted Homeownership 
Opportunity Program'', ``Homeless Assistance Grants'', ``Housing for 
the Elderly'', ``Housing for Persons With Disabilities'', ``Housing 
Counseling Assistance'', ``Payment to Manufactured Housing Fees Trust 
Fund'', ``Mutual Mortgage Insurance Program Account'', ``Lead Hazard 
Reduction'', ``Rental Housing Assistance'', and ``Fair Housing 
Activities'':  Provided, That of the amounts made available under this 
paragraph, not less than $45,000,000 shall be available for technical 
assistance and capacity building:  Provided further, That technical 
assistance activities shall include, technical assistance for HUD 
programs, including HOME, Community Development Block Grant, homeless 
programs, HOPWA, HOPE VI, Public Housing, the Housing Choice Voucher 
Program, Fair Housing Initiative Program, Housing Counseling, Healthy 
Homes, Sustainable Communities, and other technical assistance as 
determined by the Secretary:  Provided further, That the Secretary 
shall submit a plan to the House and Senate Committees on 
Appropriations for approval detailing how the funding provided under 
this heading will be allocated to each of the four categories 
identified under this heading and for what projects or activities 
funding will be used:  Provided further, That following the initial 
approval of this plan, the Secretary may amend the plan with the 
approval of the House and Senate Committees on Appropriations:  
Provided further, That with respect to amounts made available under 
this heading for research, evaluation, program metrics, and program 
demonstrations, notwithstanding section 204 of this title, the 
Secretary may make grants or enter into cooperative agreements that 
include a substantial match contribution.

    General Provisions--Department of Housing and Urban Development

    Sec. 201.  Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act 
of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts of budget 
authority or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement 
occurred after January 1, 1992, in accordance with such section. 
Notwithstanding the previous sentence, the Secretary may award up to 15 
percent of the budget authority or cash recaptured and not rescinded or 
remitted to the Treasury to provide project owners with incentives to 
refinance their project at a lower interest rate.
    Sec. 202.  None of the amounts made available under this Act may be 
used during fiscal year 2012 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a nonfrivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts 
made available under this title for fiscal year 2012 that are allocated 
under such section, the Secretary of Housing and Urban Development 
shall allocate and make a grant, in the amount determined under 
subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2012 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify 
        under clause (i) in fiscal year 2011 do not have the number of 
        cases of acquired immunodeficiency syndrome (AIDS) required 
        under such clause.
    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2012, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    (c) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2012 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)), to the city of New York, New 
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey 
Metropolitan Division (hereafter ``metropolitan division'') of the New 
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be 
adjusted by the Secretary of Housing and Urban Development by:
            (1) allocating to the city of Jersey City, New Jersey, the 
        proportion of the metropolitan area's or division's amount that 
        is based on the number of cases of AIDS reported in the portion 
        of the metropolitan area or division that is located in Hudson 
        County, New Jersey, and adjusting for the proportion of the 
        metropolitan division's high-incidence bonus if this area in 
        New Jersey also has a higher than average per capita incidence 
        of AIDS; and
            (2) allocating to the city of Paterson, New Jersey, the 
        proportion of the metropolitan area's or division's amount that 
        is based on the number of cases of AIDS reported in the portion 
        of the metropolitan area or division that is located in Bergen 
        County and Passaic County, New Jersey, and adjusting for the 
        proportion of the metropolitan division's high incidence bonus 
        if this area in New Jersey also has a higher than average per 
        capita incidence of AIDS. The recipient cities shall use 
        amounts allocated under this subsection to carry out eligible 
        activities under section 855 of the AIDS Housing Opportunity 
        Act (42 U.S.C. 12904) in their respective portions of the 
        metropolitan division that is located in New Jersey.
    (d) Notwithstanding any other provision of law, the amount 
allocated for fiscal year 2012 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than 
average per capita incidence of AIDS, shall be adjusted by the 
Secretary on the basis of area incidence reported over a 3-year period.
    Sec. 204.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 205.  Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a 
contract or fee basis, and for utilizing and making payment for 
services and facilities of the Federal National Mortgage Association, 
Government National Mortgage Association, Federal Home Loan Mortgage 
Corporation, Federal Financing Bank, Federal Reserve banks or any 
member thereof, Federal Home Loan banks, and any insured bank within 
the meaning of the Federal Deposit Insurance Corporation Act, as 
amended (12 U.S.C. 1811-1).
    Sec. 206.  Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 207.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act are hereby authorized to make such expenditures, within the 
limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2012 for such corporation or 
agency except as hereinafter provided:  Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 208.  The Secretary of Housing and Urban Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
to these Committees upon request.
    Sec. 209. (a) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2012 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the city of 
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the 
metropolitan division's amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan division that is 
located in New Jersey, and adjusting for the proportion of the 
metropolitan division's high incidence bonus if this area in New Jersey 
also has a higher than average per capita incidence of AIDS. The State 
of New Jersey shall use amounts allocated to the State under this 
subsection to carry out eligible activities under section 855 of the 
AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the 
metropolitan division that is located in New Jersey.
    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise would be allocated for fiscal year 
2012 under section 854(c) of the AIDS Housing Opportunity Act (42 
U.S.C. 12903(c)) to the city of Raleigh, North Carolina, on behalf of 
the Raleigh-Cary North Carolina Metropolitan Statistical Area. Any 
amounts allocated to Wake County shall be used to carry out eligible 
activities under section 855 of such Act (42 U.S.C. 12904) within such 
metropolitan statistical area.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation of the amounts that otherwise 
would be allocated for fiscal year 2012 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunction with the 
State(s), for a formula allocation on behalf of a metropolitan 
statistical area, to designate the State or States in which the 
metropolitan statistical area is located as the eligible grantee(s) of 
the allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each State 
shall be in proportion to the number of cases of AIDS reported in the 
portion of the metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used to carry 
out eligible activities within the portion of the metropolitan 
statistical area located in that State.
    Sec. 210.  The President's formal budget request for fiscal year 
2013, as well as the Department of Housing and Urban Development's 
congressional budget justifications to be submitted to the Committees 
on Appropriations of the House of Representatives and the Senate, shall 
use the identical account and sub-account structure provided under this 
Act.
    Sec. 211.  A public housing agency or such other entity that 
administers Federal housing assistance for the Housing Authority of the 
county of Los Angeles, California, the States of Alaska, Iowa, and 
Mississippi shall not be required to include a resident of public 
housing or a recipient of assistance provided under section 8 of the 
United States Housing Act of 1937 on the board of directors or a 
similar governing board of such agency or entity as required under 
section (2)(b) of such Act. Each public housing agency or other entity 
that administers Federal housing assistance under section 8 for the 
Housing Authority of the county of Los Angeles, California and the 
States of Alaska, Iowa and Mississippi that chooses not to include a 
resident of public housing or a recipient of section 8 assistance on 
the board of directors or a similar governing board shall establish an 
advisory board of not less than six residents of public housing or 
recipients of section 8 assistance to provide advice and comment to the 
public housing agency or other administering entity on issues related 
to public housing and section 8. Such advisory board shall meet not 
less than quarterly.
    Sec. 212. (a) Notwithstanding any other provision of law, subject 
to the conditions listed in subsection (b), for fiscal years 2012 and 
2013, the Secretary of Housing and Urban Development may authorize the 
transfer of some or all project-based assistance, debt and statutorily 
required low-income and very low-income use restrictions, associated 
with one or more multifamily housing project to another multifamily 
housing project or projects.
    (b) Phased Transfers.--Transfers of project-based assistance under 
this section may be done in phases to accommodate the financing and 
other requirements related to rehabilitating or constructing the 
project or projects to which the assistance is transferred, to ensure 
that such project or projects meet the standards under section (c).
    (c) The transfer authorized in subsection (a) is subject to the 
following conditions:
            (1) Number and bedroom size of units.--
                    (A) For occupied units in the transferring project: 
                the number of low-income and very low-income units and 
                the configuration (i.e. bedroom size) provided by the 
                transferring project shall be no less than when 
                transferred to the receiving project or projects and 
                the net dollar amount of Federal assistance provided by 
                the transferring project shall remain the same in the 
                receiving project or projects.
                    (B) For unoccupied units in the transferring 
                project: the Secretary may authorize a reduction in the 
                number of dwelling units in the receiving project or 
                projects to allow for a reconfiguration of bedroom 
                sizes to meet current market demands, as determined by 
                the Secretary and provided there is no increase in the 
                project-based section 8 budget authority.
            (2) The transferring project shall, as determined by the 
        Secretary, be either physically obsolete or economically 
        nonviable.
            (3) The receiving project or projects shall meet or exceed 
        applicable physical standards established by the Secretary.
            (4) The owner or mortgagor of the transferring project 
        shall notify and consult with the tenants residing in the 
        transferring project and provide a certification of approval by 
        all appropriate local governmental officials.
            (5) The tenants of the transferring project who remain 
        eligible for assistance to be provided by the receiving project 
        or projects shall not be required to vacate their units in the 
        transferring project or projects until new units in the 
        receiving project are available for occupancy.
            (6) The Secretary determines that this transfer is in the 
        best interest of the tenants.
            (7) If either the transferring project or the receiving 
        project or projects meets the condition specified in subsection 
        (d)(2)(A), any lien on the receiving project resulting from 
        additional financing obtained by the owner shall be subordinate 
        to any FHA-insured mortgage lien transferred to, or placed on, 
        such project by the Secretary, except that the Secretary may 
        waive this requirement upon determination that such a waiver is 
        necessary to facilitate the financing of acquisition, 
        construction, and/or rehabilitation of the receiving project or 
        projects.
            (8) If the transferring project meets the requirements of 
        subsection (c)(2)(E), the owner or mortgagor of the receiving 
        project or projects shall execute and record either a 
        continuation of the existing use agreement or a new use 
        agreement for the project where, in either case, any use 
        restrictions in such agreement are of no lesser duration than 
        the existing use restrictions.
    (d) For purposes of this section--
            (1) the terms ``low-income'' and ``very low-income'' shall 
        have the meanings provided by the statute and/or regulations 
        governing the program under which the project is insured or 
        assisted;
            (2) the term ``multifamily housing project'' means housing 
        that meets one of the following conditions--
                    (A) housing that is subject to a mortgage insured 
                under the National Housing Act;
                    (B) housing that has project-based assistance 
                attached to the structure including projects undergoing 
                mark to market debt restructuring under the Multifamily 
                Assisted Housing Reform and Affordability Housing Act;
                    (C) housing that is assisted under section 202 of 
                the Housing Act of 1959 as amended by section 801 of 
                the Cranston-Gonzales National Affordable Housing Act;
                    (D) housing that is assisted under section 202 of 
                the Housing Act of 1959, as such section existed before 
                the enactment of the Cranston-Gonzales National 
                Affordable Housing Act; or
                    (E) housing or vacant land that is subject to a use 
                agreement;
            (3) the term ``project-based assistance'' means--
                    (A) assistance provided under section 8(b) of the 
                United States Housing Act of 1937;
                    (B) assistance for housing constructed or 
                substantially rehabilitated pursuant to assistance 
                provided under section 8(b)(2) of such Act (as such 
                section existed immediately before October 1, 1983);
                    (C) rent supplement payments under section 101 of 
                the Housing and Urban Development Act of 1965;
                    (D) interest reduction payments under section 236 
                and/or additional assistance payments under section 
                236(f)(2) of the National Housing Act;
                    (E) assistance payments made under section 
                202(c)(2) of the Housing Act of 1959; and
                    (F) assistance payments made under section 
                811(d)(2) of the Housing Act of 1959;
            (4) the term ``receiving project or projects'' means the 
        multifamily housing project or projects to which some or all of 
        the project-based assistance, debt, and statutorily required 
        use low-income and very low-income restrictions are to be 
        transferred;
            (5) the term ``transferring project'' means the multifamily 
        housing project which is transferring some or all of the 
        project-based assistance, debt and the statutorily required 
        low-income and very low-income use restrictions to the 
        receiving project or projects; and
            (6) the term ``Secretary'' means the Secretary of Housing 
        and Urban Development.
    Sec. 213.  The funds made available for Native Alaskans under the 
heading ``Native American Housing Block Grants'' in title III of this 
Act shall be allocated to the same Native Alaskan housing block grant 
recipients that received funds in fiscal year 2005.
    Sec. 214.  No funds provided under this title may be used for an 
audit of the Government National Mortgage Association that makes 
applicable requirements under the Federal Credit Reform Act of 1990 (2 
U.S.C. 661 et seq.).
    Sec. 215. (a) No assistance shall be provided under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is 
        defined in section 3(b)(3)(E) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
        assistance under such section 8 as of November 30, 2005; and
            (7) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).
    (b) For purposes of determining the eligibility of a person to 
receive assistance under section 8 of the United States Housing Act of 
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts 
received for tuition) that an individual receives under the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, 
or an institution of higher education (as defined under the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to 
that individual, except for a person over the age of 23 with dependent 
children.
    Sec. 216.  Notwithstanding the limitation in the first sentence of 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-g), the 
Secretary of Housing and Urban Development may, until September 30, 
2012, insure and enter into commitments to insure mortgages under 
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20).
    Sec. 217.  Notwithstanding any other provision of law, in fiscal 
year 2011, in managing and disposing of any multifamily property that 
is owned or has a mortgage held by the Secretary of Housing and Urban 
Development, and during the process of foreclosure on any property with 
a contract for rental assistance payments under section 8 of the United 
States Housing Act of 1937 or other Federal programs, the Secretary 
shall maintain any rental assistance payments under section 8 of the 
United States Housing Act of 1937 and other programs that are attached 
to any dwelling units in the property. To the extent the Secretary 
determines, in consultation with the tenants and the local government, 
that such a multifamily property owned or held by the Secretary is not 
feasible for continued rental assistance payments under such section 8 
or other programs, based on consideration of (1) the costs of 
rehabilitating and operating the property and all available Federal, 
State, and local resources, including rent adjustments under section 
524 of the Multifamily Assisted Housing Reform and Affordability Act of 
1997 (``MAHRAA'') and (2) environmental conditions that cannot be 
remedied in a cost-effective fashion, the Secretary may, in 
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other 
existing housing properties, or provide other rental assistance. The 
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the 
exercise of contractual abatement remedies to assist relocation of 
tenants for imminent major threats to health and safety after written 
notice to and informed consent of the affected tenants and use of other 
available remedies, such as partial abatements or receivership. After 
disposition of any multifamily property described under this section, 
the contract and allowable rent levels on such properties shall be 
subject to the requirements under section 524 of MAHRAA.
    Sec. 218.  During fiscal year 2012, in the provision of rental 
assistance under section 8(o) of the United States Housing Act of 1937 
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the 
economy and effectiveness of providing such assistance for use in 
assisted living facilities that is carried out in the counties of the 
State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of 
such section 8(o), a family residing in an assisted living facility in 
any such county, on behalf of which a public housing agency provides 
assistance pursuant to section 8(o)(18) of such Act, may be required, 
at the time the family initially receives such assistance, to pay rent 
in an amount exceeding 40 percent of the monthly adjusted income of the 
family by such a percentage or amount as the Secretary of Housing and 
Urban Development determines to be appropriate.
    Sec. 219.  The Secretary of Housing and Urban Development shall 
report quarterly to the House of Representatives and Senate Committees 
on Appropriations on HUD's use of all sole-source contracts, including 
terms of the contracts, cost, and a substantive rationale for using a 
sole-source contract.
    Sec. 220.  Notwithstanding any other provision of law, the 
recipient of a grant under section 202b of the Housing Act of 1959 (12 
U.S.C. 1701q) after December 26, 2000, in accordance with the 
unnumbered paragraph at the end of section 202(b) of such Act, may, at 
its option, establish a single-asset nonprofit entity to own the 
project and may lend the grant funds to such entity, which may be a 
private nonprofit organization described in section 831 of the American 
Homeownership and Economic Opportunity Act of 2000.
    Sec. 221. (a) The amounts provided under the subheading ``Program 
Account'' under the heading ``Community Development Loan Guarantees'' 
may be used to guarantee, or make commitments to guarantee, notes, or 
other obligations issued by any State on behalf of nonentitlement 
communities in the State in accordance with the requirements of section 
108 of the Housing and Community Development Act of 1974 in fiscal year 
2012 and subsequent years:  Provided, That, any State receiving such a 
guarantee or commitment shall distribute all funds subject to such 
guarantee to the units of general local government in nonentitlement 
areas that received the commitment.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Secretary of Housing and Urban Development shall promulgate 
regulations governing the administration of the funds described under 
subsection (a).
    Sec. 222.  Section 24 of the United States Housing Act of 1937 (42 
U.S.C. 1437v) is amended--
            (1) in subsection (m)(1), by striking ``fiscal year'' and 
        all that follows through the period at the end and inserting 
        ``fiscal year 2012.''; and
            (2) in subsection (o), by striking ``September'' and all 
        that follows through the period at the end and inserting 
        ``September 30, 2012.''.
    Sec. 223.  Public housing agencies that own and operate 400 or 
fewer public housing units may elect to be exempt from any asset 
management requirement imposed by the Secretary of Housing and Urban 
Development in connection with the operating fund rule:  Provided, That 
an agency seeking a discontinuance of a reduction of subsidy under the 
operating fund formula shall not be exempt from asset management 
requirements.
    Sec. 224.  With respect to the use of amounts provided in this Act 
and in future Acts for the operation, capital improvement and 
management of public housing as authorized by sections 9(d) and 9(e) of 
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 
Secretary shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the use of capital 
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2) 
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):  
Provided, That a public housing agency may not use capital funds 
authorized under section 9(d) for activities that are eligible under 
section 9(e) for assistance with amounts from the operating fund in 
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
    Sec. 225.  No official or employee of the Department of Housing and 
Urban Development shall be designated as an allotment holder unless the 
Office of the Chief Financial Officer has determined that such 
allotment holder has implemented an adequate system of funds control 
and has received training in funds control procedures and directives. 
The Chief Financial Officer shall ensure that, not later than 90 days 
after the date of enactment of this Act, a trained allotment holder 
shall be designated for each HUD subaccount under the heading 
``Administration, Operations, and Management'' as well as each account 
receiving appropriations for ``Program Office Salaries and Expenses'' 
within the Department of Housing and Urban Development.
    Sec. 226.  The Secretary of Housing and Urban Development shall 
report quarterly to the House and Senate Committees on Appropriations 
on the status of all section 8 project-based housing, including the 
number of all project-based units by region as well as an analysis of 
all federally subsidized housing being refinanced under the Mark-to-
Market program. The Secretary shall in the report identify all existing 
units maintained by region as section 8 project-based units and all 
project-based units that have opted out of section 8 or have otherwise 
been eliminated as section 8 project-based units. The Secretary shall 
identify in detail and by project all the efforts made by the 
Department to preserve all section 8 project-based housing units and 
all the reasons for any units which opted out or otherwise were lost as 
section 8 project-based units. Such analysis shall include a review of 
the impact of the loss of any subsidized units in that housing 
marketplace, such as the impact of cost and the loss of available 
subsidized, low-income housing in areas with scarce housing resources 
for low-income families.
    Sec. 227.  Payment of attorney fees in program-related litigation 
must be paid from individual program office personnel benefits and 
compensation funding. The annual budget submission for program office 
personnel benefit and compensation funding must include program-related 
litigation costs for attorney fees as a separate line item request.
    Sec. 228.  The Secretary of the Department of Housing and Urban 
Development shall for fiscal year 2012 and subsequent fiscal years, 
notify the public through the Federal Register and other means, as 
determined appropriate, of the issuance of a notice of the availability 
of assistance or notice of funding availability (NOFA) for any program 
or discretionary fund administered by the Secretary that is to be 
competitively awarded. Notwithstanding any other provision of law, for 
fiscal year 2012 and subsequent fiscal years, the Secretary may make 
the NOFA available only on the Internet at the appropriate Government 
Web site or through other electronic media, as determined by the 
Secretary.
    Sec. 229.  No property identified by the Secretary of Housing and 
Urban Development as surplus Federal property for use to assist the 
homeless shall be made available to any homeless group unless the group 
is a member in good standing under any of HUD's homeless assistance 
programs or is in good standing with any other program which receives 
funds from any other Federal or State agency or entity:  Provided, That 
an exception may be made for an entity not involved with Federal 
homeless programs to use surplus Federal property for the homeless only 
after the Secretary or another responsible Federal agency has fully and 
comprehensively reviewed all relevant finances of the entity, the track 
record of the entity in assisting the homeless, the ability of the 
entity to manage the property, including all costs, the ability of the 
entity to administer homeless programs in a manner that is effective to 
meet the needs of the homeless population that is expected to use the 
property and any other related issues that demonstrate a commitment to 
assist the homeless:  Provided further, That the Secretary shall not 
require the entity to have cash in hand in order to demonstrate 
financial ability but may rely on the entity's prior demonstrated fund-
raising ability or commitments for in-kind donations of goods and 
services:  Provided further, That the Secretary shall make all such 
information and its decision regarding the award of the surplus 
property available to the committees of jurisdiction, including a full 
justification of the appropriateness of the use of the property to 
assist the homeless as well as the appropriateness of the group seeking 
to obtain the property to use such property to assist the homeless:  
Provided further, That, this section shall apply to properties in 
fiscal years 2011 and 2012 made available as surplus Federal property 
for use to assist the homeless.
    Sec. 230.  The Secretary of the Department of Housing and Urban 
Development is authorized to transfer up to 5 percent or $5,000,000, 
whichever is less, of the funds made available for salaries and 
expenses under any account or any set-aside within any account under 
this title under the general heading ``Program Office Salaries and 
Expenses'', and under the account heading ``Administration, Operations 
and Management'', to any other such account or any other such set-aside 
within any such account:  Provided, That no appropriation for salaries 
and expenses in any such account or set-aside shall be increased or 
decreased by more than 5 percent or $5,000,000, whichever is less, 
without prior written approval of the House and Senate Committees on 
Appropriations.
    Sec. 231.  The Disaster Housing Assistance Programs, administered 
by the Department of Housing and Urban Development, shall be considered 
a ``program of the Department of Housing and Urban Development'' under 
section 904 of the McKinney Act for the purpose of income verifications 
and matching.
    Sec. 232.  Of the amounts made available for salaries and expenses 
under all accounts under this title (except for the Office of Inspector 
General account), a total of up to $10,000,000 may be transferred to 
and merged with amounts made available in the ``Working Capital Fund'' 
account under this title.
    Sec. 233.  Title II of division I of Public Law 108-447 and title 
III of Public Law 109-115 are each amended by striking the item related 
to ``Flexible Subsidy Fund''.
    Sec. 234.  The Secretary of Housing and Urban Development may 
increase, pursuant to this section, the number of Moving-to-Work 
agencies authorized under section 204, title II, of the Departments of 
Veterans Affairs and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321) 
by adding to the program up to three Public Housing Agencies that are 
High Performing Agencies under the Public Housing Assessment System 
(PHAS) or the Section Eight Management Assessment Program (SEMAP). No 
PHA shall be granted this designation through this section that 
administers in excess of 20,000 aggregate housing vouchers and public 
housing units. No PHA granted this designation through this section 
shall receive more funding under sections 8 or 9 of the United States 
Housing Act of 1937 than they otherwise would have received absent this 
designation. In addition to other reporting requirements, all Moving-
to-Work agencies shall report financial data to the Department of 
Housing and Urban Development as specified by the Secretary, so that 
the effect of Moving-to-Work policy changes can be measured.
    Sec. 235.  Of the unobligated balances remaining from funds 
appropriated under the heading ``Tenant-Based Rental Assistance'' under 
the ``Full-Year Continuing Appropriations Act, 2011'', $750,000,000 are 
rescinded from the $4,000,000,000 which are available on October 1, 
2011:  Provided, That such amounts may be derived from reductions to 
public housing agencies' calendar year 2012 allocations based on the 
excess amounts of public housing agencies' net restricted assets 
accounts, including the net restricted assets of MTW agencies (in 
accordance with VMS data in calendar year 2011 that is verifiable and 
complete), as determined by the Secretary:  Provided further, That in 
making such adjustments, the Secretary shall preserve public housing 
authority reserves at no less than one month, to the extent 
practicable.
    Sec. 236.  The United States Housing Act of 1937 (42 U.S.C. 1437) 
is amended--
            (1) in section 3(a)(1) by inserting before the period at 
        the end of the second sentence the following: ``, except in the 
        case of any family with a fixed income, as defined by the 
        Secretary, after the initial review of the family's income, the 
        public housing agency or owner shall not be required to conduct 
        a review of the family's income for any year for which such 
        family certifies, in accordance with such requirements as the 
        Secretary shall establish, that 90 percent or more of the 
        income of the family consists of fixed income, and that the 
        sources of such income have not changed since the previous 
        year, except that the public housing agency or owner shall 
        conduct a review of each such family's income not less than 
        once every 3 years'';
            (2) in section 3(b)(2) by inserting after the second 
        sentence the following new sentence: ``The term `extremely low-
        income families' means very low-income families whose incomes 
        do not exceed the higher of (A) the poverty guidelines updated 
        periodically by the Department of Health and Human Services 
        under the authority of section 673(2) of the Community Services 
        Block Grant Act (42 U.S.C. 9902(2)), applicable to a family of 
        the size involved; or (B) 30 percent of the median family 
        income for the area, as determined by the Secretary, with 
        adjustments for smaller and larger families, except that the 
        Secretary may establish income ceilings higher or lower than 30 
        percent of the median for the area on the basis of the 
        Secretary's findings that such variations are necessary because 
        of unusually high or low family incomes, and except that clause 
        (A) of this sentence shall not apply in the case of public 
        housing agencies located in Puerto Rico or any other territory 
        or possession of the United States.'';
            (3) in paragraph (2) of section 3(b) by adding at the end 
        the following new sentence: ``The Secretary shall periodically, 
        but not less than annually, determine or establish area median 
        incomes and income ceilings and limits in accordance with this 
        paragraph'';
            (4) in section 3(b)(5)(A)--
                    (A) in clause (i) by striking ``$400'' and 
                inserting in lieu thereof ``$675''; and
                    (B) in clause (ii), in the matter preceding 
                subclause (I), by striking ``3 percent'' and inserting 
                in lieu thereof ``10 percent'';
            (5) in paragraph (1) of section 8(c)--
                    (A) by inserting ``(A)'' after the paragraph 
                designation;
                    (B) by striking the fourth, fifth, seventh, eighth, 
                ninth, and tenth sentences; and
                    (C) by adding at the end the following:
                    ``(B) Fair market rentals for an area shall be 
                published not less than annually by the Secretary on 
                the Department's Web site and in any other manner 
                specified by the Secretary. The Secretary shall publish 
                notice of the publication of such fair market rentals 
                in the Federal Register, and such fair market rentals 
                shall become effective no earlier than 30 days after 
                the date of such publication. The Secretary shall 
                establish a procedure for public housing agencies and 
                other interested parties to comment on such fair market 
                rentals and to request, within a time specified by the 
                Secretary, reevaluation of the fair market rental in a 
                jurisdiction. The Secretary shall publish for comment 
                in the Federal Register notices of proposed material 
                changes in the methodology for estimating fair market 
                rentals and notices specifying the final decisions 
                regarding such proposed substantial methodological 
                changes and responses to public comments.'';
            (6) in subparagraph (B) of section 8(o)(1) by inserting 
        before the period at the end the following: ``, except that no 
        public housing agency shall be required as a result of a 
        reduction in the fair market rental to reduce the payment 
        standard applied to a family continuing to reside in a unit for 
        which the family was receiving assistance under this section at 
        the time the fair market rental was reduced. The Secretary 
        shall allow public housing agencies to request exception 
        payment standards within fair market rental areas subject to 
        criteria and procedures established by the Secretary'';
            (7) in subparagraph (D) of section 8(o)(1) by inserting 
        before the period at the end the following: ``except that a 
        public housing agency may establish a payment standard of not 
        more than 120 percent of the fair market rent, where necessary, 
        as a reasonable accommodation for a person with a disability, 
        without approval of the Secretary. A public housing agency may 
        seek approval of the Secretary to use a payment standard 
        greater than 120 percent of the fair market rent as a 
        reasonable accommodation for a disabled family or other family 
        with a person with a disability. In connection with the use of 
        any increased payment standard established or approved pursuant 
        to either of the preceding two sentences as a reasonable 
        accommodation for a person with a disability, the Secretary may 
        not establish additional requirements regarding the amount of 
        adjusted income paid by such person for rent'';
            (8) in section 16(a)(2)(A) by striking ``families whose 
        incomes'' and all that follows through ``low family incomes'' 
        and inserting in lieu thereof ``extremely low-income 
        families'';
            (9) in section 16(b)(1) by striking ``families whose 
        incomes'' and all that follows through ``low family incomes'' 
        and inserting in lieu thereof ``extremely low-income 
        families''; and
            (10) in section 16(c)(3) by striking ``families whose 
        incomes'' and all that follows through ``low family incomes'' 
        and inserting in lieu thereof ``extremely low-income 
        families''.
    Sec. 237.  Section 579 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (42 U.S.C. 1437f) is amended by striking 
``October 1, 2011'' each place it appears and inserting in lieu thereof 
``October 1, 2015''.

                     housing loan limit extensions

    Sec. 238. (a) Federal Housing Administration.--Notwithstanding any 
other provision of law, for mortgages for which a Federal Housing 
Administration case number has been assigned during the period 
beginning on the date of enactment of this Act and ending on December 
31, 2013, the dollar amount limitation on the principal obligation for 
purposes of section 203 of the National Housing Act (12 U.S.C. 1709) 
shall be considered to be, except for purposes of section 255(g) of 
such Act (12 U.S.C. 1715z-20(g)), the greater of--
            (1) the dollar amount limitation on the principal 
        obligation of a mortgage determined under section 203(b)(2) of 
        the National Housing Act (12 U.S.C. 1709(b)(2)); or
            (2) the dollar amount limitation that was prescribed for 
        such size residence for such area for 2008 pursuant to section 
        202 of the Economic Stimulus Act of 2008 (Public Law 110-185; 
        122 Stat. 620).
    (b) Fannie Mae and Freddie Mac Loan Limit Extension.--
            (1) In general.--Notwithstanding any other provision of 
        law, for mortgage loans originated during the period beginning 
        on the date of enactment of this Act and ending on December 31, 
        2013, the limitation on the maximum original principal 
        obligation of a mortgage that may be purchased by the Federal 
        National Mortgage Association or the Federal Home Loan Mortgage 
        Corporation shall be the greater of--
                    (A) the limitation in effect at the time of the 
                purchase of the mortgage loan, as determined pursuant 
                to section 302(b)(2) of the Federal National Mortgage 
                Association Charter Act (12 U.S.C. 1717(b)(2)) or 
                section 305(a)(2) of the Federal Home Loan Mortgage 
                Corporation Act (12 U.S.C. 1454(a)(2)), respectively; 
                or
                    (B) the limitation that was prescribed for loans 
                originated during the period beginning on July 1, 2007 
                and ending on December 31, 2008, pursuant to section 
                201 of the Economic Stimulus Act of 2008 (Public Law 
                110-185, 122 Stat. 619).
            (2) Premium loan fee.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the Federal Housing Finance Agency 
                shall, by rule or order, impose a premium loan fee to 
                be charged by the Federal National Mortgage Association 
                and the Federal Home Loan Mortgage Corporation with 
                respect to mortgage loans made eligible for purchase by 
                the Federal National Mortgage Association and the 
                Federal Home Loan Mortgage Corporation by a higher 
                limitation provided under paragraph (1)(B), annually 
                during the life of the loan, of 15 basis points of the 
                unpaid principal balance of the mortgage, to achieve an 
                estimated $300,000,000 from the revenue raised from 
                such fees.
                    (B) Premium loan fee structure.--The premium loan 
                fee is independent of any guarantee fees, upfront or 
                ongoing, charged to the borrower, and the premium loan 
                fee shall not be affected by changes in guarantee fees.
            (3) Use of fees.--
                    (A) In general.--The fees imposed under paragraph 
                (2) by the Federal Housing Finance Agency shall be 
                deposited in the fund established under subparagraph 
                (C), and shall be used to pay for costs associated with 
                maintaining loan limits established under this section.
                    (B) Subject to appropriations.--Amounts in the fund 
                established under subparagraph (C) shall be available 
                only to the extent provided in a subsequent 
                appropriations Act.
                    (C) Fund.--There is established in the United 
                States Treasury a fund, for the deposit of fees imposed 
                under paragraph (2), to be used to pay for costs 
                associated with maintaining loan limits established 
                under this section.
            (4) FHFA report on fees.--The Federal Housing Finance 
        Agency shall include in each annual report required by section 
        1601 of the Housing and Economic Recovery Act of 2008 related 
        to the period described in paragraph (2)(B) a section that 
        provides the basis for and an analysis of the premium loan fee 
        charged in each year covered by the report.
    (c) Department of Veterans Affairs Loan Limit Extension.--Section 
501 of the Veterans' Benefits Improvement Act of 2008 (Public Law 110-
389; 122 Stat. 4175; 38 U.S.C. 3703 note) is amended, in the matter 
before paragraph (1), by striking ``December 31, 2011'' and inserting 
``December 31, 2013''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

                         salaries and expenses

    For expenses necessary for the Access Board, as authorized by 
section 502 of the Rehabilitation Act of 1973, as amended, $7,400,000:  
Provided, That, notwithstanding any other provision of law, there may 
be credited to this appropriation funds received for publications and 
training expenses.

                      Federal Maritime Commission

                         salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 
U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 
5 U.S.C. 5901-5902, $24,100,000.

  National Railroad Passenger Corporation Office of Inspector General

                      office of inspector general

                         salaries and expenses

    For necessary expenses of the Office of Inspector General for the 
National Railroad Passenger Corporation to carry out the provisions of 
the Inspector General Act of 1978, as amended, $19,311,000:  Provided, 
That the Inspector General shall have all necessary authority, in 
carrying out the duties specified in the Inspector General Act, as 
amended (5 U.S.C. App. 3), to investigate allegations of fraud, 
including false statements to the government (18 U.S.C. 1001), by any 
person or entity that is subject to regulation by the National Railroad 
Passenger Corporation:  Provided further, That the Inspector General 
may enter into contracts and other arrangements for audits, studies, 
analyses, and other services with public agencies and with private 
persons, subject to the applicable laws and regulations that govern the 
obtaining of such services within the National Railroad Passenger 
Corporation:  Provided further, That the Inspector General may select, 
appoint, and employ such officers and employees as may be necessary for 
carrying out the functions, powers, and duties of the Office of 
Inspector General, subject to the applicable laws and regulations that 
govern such selections, appointments, and employment within Amtrak:  
Provided further, That concurrent with the President's budget request 
for fiscal year 2013, the Inspector General shall submit to the House 
and Senate Committees on Appropriations a budget request for fiscal 
year 2013 in similar format and substance to those submitted by 
executive agencies of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902), 
$99,275,000, of which not to exceed $2,000 may be used for official 
reception and representation expenses. The amounts made available to 
the National Transportation Safety Board in this Act include amounts 
necessary to make lease payments on an obligation incurred in fiscal 
year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $135,000,000, of 
which $5,000,000 shall be for a multi-family rental housing program:  
Provided, That in addition, $65,000,000 shall be made available until 
expended to the Neighborhood Reinvestment Corporation for mortgage 
foreclosure mitigation activities, under the following terms and 
conditions:
            (1) The Neighborhood Reinvestment Corporation (``NRC'') 
        shall make grants to counseling intermediaries approved by the 
        Department of Housing and Urban Development (HUD) (with match 
        to be determined by the NRC based on affordability and the 
        economic conditions of an area; a match also may be waived by 
        the NRC based on the aforementioned conditions) to provide 
        mortgage foreclosure mitigation assistance primarily to States 
        and areas with high rates of defaults and foreclosures to help 
        eliminate the default and foreclosure of mortgages of owner-
        occupied single-family homes that are at risk of such 
        foreclosure. Other than areas with high rates of defaults and 
        foreclosures, grants may also be provided to approved 
        counseling intermediaries based on a geographic analysis of the 
        Nation by the NRC which determines where there is a prevalence 
        of mortgages that are risky and likely to fail, including any 
        trends for mortgages that are likely to default and face 
        foreclosure. A State Housing Finance Agency may also be 
        eligible where the State Housing Finance Agency meets all the 
        requirements under this paragraph. A HUD-approved counseling 
        intermediary shall meet certain mortgage foreclosure mitigation 
        assistance counseling requirements, as determined by the NRC, 
        and shall be approved by HUD or the NRC as meeting these 
        requirements.
            (2) Mortgage foreclosure mitigation assistance shall only 
        be made available to homeowners of owner-occupied homes with 
        mortgages in default or in danger of default. These mortgages 
        shall likely be subject to a foreclosure action and homeowners 
        will be provided such assistance that shall consist of 
        activities that are likely to prevent foreclosures and result 
        in the long-term affordability of the mortgage retained 
        pursuant to such activity or another positive outcome for the 
        homeowner. No funds made available under this paragraph may be 
        provided directly to lenders or homeowners to discharge 
        outstanding mortgage balances or for any other direct debt 
        reduction payments.
            (3) The use of Mortgage Foreclosure Mitigation Assistance 
        by approved counseling intermediaries and State Housing Finance 
        Agencies shall involve a reasonable analysis of the borrower's 
        financial situation, an evaluation of the current value of the 
        property that is subject to the mortgage, counseling regarding 
        the assumption of the mortgage by another non-Federal party, 
        counseling regarding the possible purchase of the mortgage by a 
        non-Federal third party, counseling and advice of all likely 
        restructuring and refinancing strategies or the approval of a 
        work-out strategy by all interested parties.
            (4) NRC may provide up to 15 percent of the total funds 
        under this paragraph to its own charter members with expertise 
        in foreclosure prevention counseling, subject to a 
        certification by the NRC that the procedures for selection do 
        not consist of any procedures or activities that could be 
        construed as an unacceptable conflict of interest or have the 
        appearance of impropriety.
            (5) HUD-approved counseling entities and State Housing 
        Finance Agencies receiving funds under this paragraph shall 
        have demonstrated experience in successfully working with 
        financial institutions as well as borrowers facing default, 
        delinquency and foreclosure as well as documented counseling 
        capacity, outreach capacity, past successful performance and 
        positive outcomes with documented counseling plans (including 
        post mortgage foreclosure mitigation counseling), loan workout 
        agreements and loan modification agreements. NRC may use other 
        criteria to demonstrate capacity in underserved areas.
            (6) Of the total amount made available under this 
        paragraph, up to $3,000,000 may be made available to build the 
        mortgage foreclosure and default mitigation counseling capacity 
        of counseling intermediaries through NRC training courses with 
        HUD-approved counseling intermediaries and their partners, 
        except that private financial institutions that participate in 
        NRC training shall pay market rates for such training.
            (7) Of the total amount made available under this 
        paragraph, up to 4 percent may be used for associated 
        administrative expenses for the NRC to carry out activities 
        provided under this section.
            (8) Mortgage foreclosure mitigation assistance grants may 
        include a budget for outreach and advertising, and training, as 
        determined by the NRC.
            (9) The NRC shall continue to report bi-annually to the 
        House and Senate Committees on Appropriations as well as the 
        Senate Banking Committee and House Financial Services Committee 
        on its efforts to mitigate mortgage default.

           United States Interagency Council on Homelessness

                           operating expenses

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference 
rooms, and the employment of experts and consultants under section 3109 
of title 5, United States Code) of the United States Interagency 
Council on Homelessness in carrying out the functions pursuant to title 
II of the McKinney-Vento Homeless Assistance Act, as amended, 
$3,640,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

    Sec. 401.  Such sums as may be necessary for fiscal year 2012 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 402.  None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 403.  None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 404.  The expenditure of any appropriation under this Act for 
any consulting service through procurement contract pursuant to section 
3109 of title 5, United States Code, shall be limited to those 
contracts where such expenditures are a matter of public record and 
available for public inspection, except where otherwise provided under 
existing law, or under existing Executive order issued pursuant to 
existing law.
    Sec. 405.  Except as otherwise provided in this Act, none of the 
funds provided in this Act, provided by previous appropriations Acts to 
the agencies or entities funded in this Act that remain available for 
obligation or expenditure in fiscal year 2012, or provided from any 
accounts in the Treasury derived by the collection of fees and 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that:
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel for any program, project, 
        or activity for which funds have been denied or restricted by 
        the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either the House or Senate Committees on Appropriations for 
        a different purpose;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is less;
            (6) reduces existing programs, projects, or activities by 
        $5,000,000 or 10 percent, whichever is less; or
            (7) creates, reorganizes, or restructures a branch, 
        division, office, bureau, board, commission, agency, 
        administration, or department different from the budget 
        justifications submitted to the Committees on Appropriations or 
        the table accompanying the explanatory statement accompanying 
        this Act, whichever is more detailed, unless prior approval is 
        received from the House and Senate Committees on 
        Appropriations:  Provided, That not later than 60 days after 
        the date of enactment of this Act, each agency funded by this 
        Act shall submit a report to the Committees on Appropriations 
        of the Senate and of the House of Representatives to establish 
        the baseline for application of reprogramming and transfer 
        authorities for the current fiscal year:  Provided further, 
        That the report shall include:
                    (A) a table for each appropriation with a separate 
                column to display the President's budget request, 
                adjustments made by Congress, adjustments due to 
                enacted rescissions, if appropriate, and the fiscal 
                year enacted level;
                    (B) a delineation in the table for each 
                appropriation both by object class and program, 
                project, and activity as detailed in the budget 
                appendix for the respective appropriation; and
                    (C) an identification of items of special 
                congressional interest:  Provided further, That the 
                amount appropriated or limited for salaries and 
                expenses for an agency shall be reduced by $100,000 per 
                day for each day after the required date that the 
                report has not been submitted to the Congress.
    Sec. 406.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the 
end of fiscal year 2012 from appropriations made available for salaries 
and expenses for fiscal year 2012 in this Act, shall remain available 
through September 30, 2013, for each such account for the purposes 
authorized:  Provided, That a request shall be submitted to the House 
and Senate Committees on Appropriations for approval prior to the 
expenditure of such funds:  Provided further, That these requests shall 
be made in compliance with reprogramming guidelines under section 405 
of this Act.
    Sec. 407.  All Federal agencies and departments that are funded 
under this Act shall issue a report to the House and Senate Committees 
on Appropriations on all sole-source contracts by no later than July 
30, 2012. Such report shall include the contractor, the amount of the 
contract and the rationale for using a sole-source contract.
    Sec. 408. (a) None of the funds made available in this Act may be 
obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some 
        participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;
            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.
    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 409.  No funds in this Act may be used to support any Federal, 
State, or local projects that seek to use the power of eminent domain, 
unless eminent domain is employed only for a public use:  Provided, 
That for purposes of this section, public use shall not be construed to 
include economic development that primarily benefits private entities:  
Provided further, That any use of funds for mass transit, railroad, 
airport, seaport or highway projects as well as utility projects which 
benefit or serve the general public (including energy-related, 
communication-related, water-related and wastewater-related 
infrastructure), other structures designated for use by the general 
public or which have other common-carrier or public-utility functions 
that serve the general public and are subject to regulation and 
oversight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownsfield as defined 
in the Small Business Liability Relief and Brownsfield Revitalization 
Act (Public Law 107-118) shall be considered a public use for purposes 
of eminent domain.
    Sec. 410.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 411.  No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee who has left to 
enter the Armed Forces of the United States and has satisfactorily 
completed his period of active military or naval service, and has 
within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more 
than 1 year, made application for restoration to his former position 
and has been certified by the Office of Personnel Management as still 
qualified to perform the duties of his former position and has not been 
restored thereto.
    Sec. 412.  No funds appropriated pursuant to this Act may be 
expended by an entity unless the entity agrees that in expending the 
assistance the entity will comply with sections 2 through 4 of the Act 
of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy 
American Act'').
    Sec. 413.  No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 414.  None of the funds made available in this Act may be used 
for first-class airline accommodations in contravention of sections 
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
    Sec. 415.  None of the funds made available in this Act may be used 
to purchase a light bulb for an office building unless the light bulb 
has, to the extent practicable, an Energy Star or Federal Energy 
Management Program designation.
    Sec. 416.  None of the funds made available in this Act may be used 
to establish, issue, implement, administer, or enforce any prohibition 
or restriction on the establishment or effectiveness of any occupancy 
preference for veterans in supportive housing for the elderly that:
            (1) is provided assistance by the Department of Housing and 
        Urban Development; and
            (2) is or would be located on property of the Department of 
        Veterans Affairs; or
            (3) is subject to an enhanced use lease with the Department 
        of Veterans Affairs.
    Sec. 417.  None of the funds made available under this Act or any 
prior Act may be provided to the Association of Community Organizations 
for Reform Now (ACORN), or any of its affiliates, subsidiaries, or 
allied organizations.
    Sec. 418.  Concurrent with the issuance of any notice of funding 
availability or any other notice designed to solicit applications for a 
program through which grants or credit assistance are awarded through a 
competitive process, the Secretary of Transportation and the Secretary 
of Housing and Urban Development shall post on their Web sites 
information about such program, including, but not limited to, the 
goals of the program, the criteria that will be used in awarding grants 
or credit assistance, and the process by which applications will be 
selected for the award of a grant or credit assistance:  Provided, That 
concurrent with the public announcement of grants or credit assistance 
to be awarded through such competitive program, the Secretary of 
Transportation and the Secretary of Housing and Urban Development shall 
post on their Web sites information on each applicant to be awarded a 
grant or credit assistance, including, but not limited to, the name and 
address of the applicant, the amount of the grant or credit assistance 
to be awarded, the amount of financing expected from other sources, and 
an explanation of how such award is consistent with program goals.
    Sec. 419.  Notwithstanding section 701, none of the funds made 
available by this Act may be used to purchase new passenger motor 
vehicles, except for national security, law enforcement needs, public 
transit, safety, and research:  Provided further,  all agencies and 
departments funded by divisions A, B, and C of this Act shall send to 
Congress at the end of the Fiscal Year a report containing a complete 
inventory of the total number of vehicles owned, permanently retired, 
and purchased during Fiscal Year 2012 as well as the total cost of the 
vehicle fleet, including maintenance, fuel, storage, purchasing, and 
leasing.
    Sec. 420 .  A person or entity that receives a Federal loan using 
amounts made available under division A, division B, or division C of 
this Act may not repay the loan using a Federal grant or other award 
funded with amounts made available under division A, division B, or 
division C of this Act:  Provided further,  a grant or other award 
funded with amounts made available under division A, division B, or 
division C of this Act may not be used to repay a Federal loan.
    This Act may be cited as the ``Transportation, Housing and Urban 
Development, and Related Agencies Appropriations Act, 2012''.

            Amend the title so as to read: ``An Act making consolidated 
        appropriations for the Departments of Agriculture, Commerce, 
        Justice, Transportation, and Housing and Urban Development, and 
        related programs for the fiscal year ending September 30, 2012, 
        and for other purposes.''.

            Attest:

                                                             Secretary.
112th CONGRESS

  1st Session

                               H.R. 2112

_______________________________________________________________________

                               AMENDMENTS