[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2112 Public Print (PP)]
112th CONGRESS
1st Session
H. R. 2112
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 1, 2011
Ordered to be printed with the amendments of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>That 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:</DELETED>
<DELETED>TITLE I</DELETED>
<DELETED>AGRICULTURAL PROGRAMS</DELETED>
<DELETED>Production, Processing and Marketing</DELETED>
<DELETED>Office of the Secretary</DELETED>
<DELETED> For necessary expenses of the Office of the Secretary of
Agriculture, $4,293,000 (increased by $136,070,000) (reduced by
$136,070,000): 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.</DELETED>
<DELETED>Office of Tribal Relations</DELETED>
<DELETED> For necessary expenses of the Office of Tribal Relations,
$423,000 to support communication and consultation activities with
Federally Recognized Tribes, as well as other requirements established
by law.</DELETED>
<DELETED>Executive Operations</DELETED>
<DELETED>office of the chief economist</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Economist, $10,707,000.</DELETED>
<DELETED>national appeals division</DELETED>
<DELETED> For necessary expenses of the National Appeals Division,
$12,091,000.</DELETED>
<DELETED>office of budget and program analysis</DELETED>
<DELETED> For necessary expenses of the Office of Budget and Program
Analysis, $8,004,000.</DELETED>
<DELETED>office of homeland security</DELETED>
<DELETED> For necessary expenses of the Office of Homeland Security,
$1,272,000.</DELETED>
<DELETED>Office of Advocacy and Outreach</DELETED>
<DELETED> For necessary expenses of the Office of Advocacy and
Outreach, $1,209,000.</DELETED>
<DELETED>Office of the Chief Information Officer</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Information Officer, $35,000,000 (reduced by $1,000,000).</DELETED>
<DELETED>Office of the Chief Financial Officer</DELETED>
<DELETED> For necessary expenses of the Office of the Chief
Financial Officer, $5,310,000.</DELETED>
<DELETED>Office of the Assistant Secretary for Civil Rights</DELETED>
<DELETED> For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $760,000.</DELETED>
<DELETED>Office of Civil Rights</DELETED>
<DELETED> For necessary expenses of the Office of Civil Rights,
$19,288,000.</DELETED>
<DELETED>Office of the Assistant Secretary for Administration</DELETED>
<DELETED> For necessary expenses of the Office of the Assistant
Secretary for Administration, $683,000.</DELETED>
<DELETED>Agriculture Buildings and Facilities and Rental
Payments</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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. 121, 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, $209,505,000 (reduced
by $342,000), to remain available until expended; of which $151,396,000
shall be available for payments to the General Services Administration
for rent; of which $11,452,000 shall be available for payment to the
Department of Homeland Security for building security activities; and
of which $46,657,000 (reduced by $342,000) shall be available for
buildings operations and maintenance expenses: Provided, That the
Secretary may use unobligated balances from prior years to cover
shortfalls incurred in prior year rental payments: 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.</DELETED>
<DELETED>Hazardous Materials Management</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.), $3,393,000, 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.</DELETED>
<DELETED>departmental administration</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For Departmental Administration, $23,900,000 (reduced by
$5,000,000) (reduced by $2,390,000), to provide for necessary expenses
for management support services to offices of the Department and for
general administration 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.</DELETED>
<DELETED>Office of the Assistant Secretary for Congressional
Relations</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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, $3,289,000: 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
congressional relations activities.</DELETED>
<DELETED>Office of Communications</DELETED>
<DELETED> For necessary expenses of the Office of Communications,
$8,058,000.</DELETED>
<DELETED>Office of Inspector General</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$80,000,000, 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.</DELETED>
<DELETED>Office of the General Counsel</DELETED>
<DELETED> For necessary expenses of the Office of the General
Counsel, $35,204,000.</DELETED>
<DELETED>Office of the Under Secretary for Research, Education and
Economics</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Research, Education and Economics, $760,000.</DELETED>
<DELETED>Economic Research Service</DELETED>
<DELETED> For necessary expenses of the Economic Research Service,
$70,000,000.</DELETED>
<DELETED>National Agricultural Statistics Service</DELETED>
<DELETED> For necessary expenses of the National Agricultural
Statistics Service, $149,500,000, of which up to $40,000,000 shall be
available until expended for the Census of Agriculture.</DELETED>
<DELETED>Agricultural Research Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $993,345,000 (increased by $2,000,000): 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.</DELETED>
<DELETED>National Institute of Food and Agriculture</DELETED>
<DELETED>research and education activities</DELETED>
<DELETED> For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and for other
expenses, $600,800,000, as follows: to carry out the provisions of the
Hatch Act of 1887 (7 U.S.C. 361a-i), $208,000,000; for grants for
cooperative forestry research (16 U.S.C. 582a through a-7),
$30,000,000; for payments to eligible institutions (7 U.S.C. 3222),
$48,000,000, provided that each institution receives no less than
$1,000,000; for special grants (7 U.S.C. 450i(c)), $1,250,000; for
competitive grants for Integrated Pest Management and Biological
Control (7 U.S.C. 450i(c)), $14,000,000; for competitive grants (7
U.S.C. 450i(b)), $229,500,000, to remain available until expended; for
the support of animal health and disease programs (7 U.S.C. 3195),
$4,000,000; for a program pursuant to section 1415A of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3151a), $4,200,000, to remain available until expended; for a
higher education multicultural scholars program (7 U.S.C. 3152(b)(5)),
$1,000,000, to remain available until expended (7 U.S.C. 2209b); for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241), $7,800,000; 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,
$2,700,000; for secondary education, 2-year post-secondary education,
and agriculture in the K-12 classroom (7 U.S.C. 3152(j)), $900,000; for
aquaculture grants (7 U.S.C. 3322), $3,300,000; for sustainable
agriculture research and education (7 U.S.C. 5811), $12,300,000; 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,
$16,400,000, to remain available until expended (7 U.S.C. 2209b); for
payments to the 1994 Institutions pursuant to section 534(a)(1) of
Public Law 103-382, $2,800,000; 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), $900,000;
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), $750,000; for competitive grants for policy
research (7 U.S.C. 3155), $3,000,000; and for necessary expenses of
Research and Education Activities, $10,000,000, of which $2,500,000 for
the Research, Education, and Economics Information System and
$2,000,000 for the Electronic Grants Information System, are to remain
available until expended.</DELETED>
<DELETED>native american institutions endowment fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>extension activities</DELETED>
<DELETED> For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $411,200,000, 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, $259,200,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$3,600,000; payments for the nutrition and family education program for
low-income areas under section 3(d) of the Act, $58,000,000; payments
for the pest management program under section 3(d) of the Act,
$8,400,000; payments for New Technologies for Agriculture Extension
under section 3(d) of the Act, $1,400,000; payments to upgrade
research, extension, and teaching facilities at institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222, $16,700,000, to remain
available until expended; payments for youth-at-risk programs under
section 3(d) of the Smith-Lever Act, $7,100,000; payments for carrying
out the provisions of the Renewable Resources Extension Act of 1978 (16
U.S.C. 1671 et seq.), $3,400,000; payments for the federally-recognized
Tribes Extension Program under section 3(d) of the Smith-Lever Act,
$2,600,000; payments for sustainable agriculture programs under section
3(d) of the Act, $4,000,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-419 (7
U.S.C. 2662(i)), $1,500,000; payments for cooperative extension work by
eligible institutions (7 U.S.C. 3221), $36,000,000, provided that each
institution receives no less than $1,000,000; for grants to youth
organizations pursuant to 7 U.S.C. 7630, $1,500,000; for payments to
carry out the food animal residue avoidance database program as
authorized by 7 U.S.C. 7642, $1,000,000; and for necessary expenses of
Extension Activities, $6,800,000.</DELETED>
<DELETED>integrated activities</DELETED>
<DELETED> For the integrated research, education, and extension
grants program authorized under section 406 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
including necessary administrative expenses, $8,000,000, as follows:
for a competitive organic transition program, $4,000,000; and for the
regional pest management centers program $4,000,000.</DELETED>
<DELETED>Office of the Under Secretary for Marketing and Regulatory
Programs</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs, $760,000.</DELETED>
<DELETED>Animal and Plant Health Inspection Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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), $790,000,000, of which $2,000,000, 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 $16,000,000, 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 $32,500,000, to remain available until expended, shall be for
Animal Health Technical Services; of which $54,000,000, to remain
available until expended, shall be used to support avian health; of
which $4,200,000, to remain available until expended, shall be for
information technology infrastructure; of which $147,000,000, to remain
available until expended, shall be for specialty crop pests; of which,
$9,000,000, to remain available until expended, shall be for field crop
and rangeland ecosystem pests; of which $52,000,000, to remain
available until expended, shall be for tree and wood pests; of which
$2,300,000, 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 damage management program for aviation safety; and up to 25
percent of the screwworm program shall remain available until expended:
Provided, 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>buildings and facilities</DELETED>
<DELETED> 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, $3,200,000, to
remain available until expended.</DELETED>
<DELETED>Agricultural Marketing Service</DELETED>
<DELETED>Marketing Services</DELETED>
<DELETED> For necessary expenses of the Agricultural Marketing
Service, $77,500,000 (increased by $300,000): 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).</DELETED>
<DELETED>limitation on administrative expenses</DELETED>
<DELETED> Not to exceed $61,000,000 (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.</DELETED>
<DELETED>funds for strengthening markets, income, and supply (section
32)</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>payments to states and possessions</DELETED>
<DELETED> For payments to State 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)), $1,331,000.</DELETED>
<DELETED>Grain Inspection, Packers and Stockyards
Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Grain Inspection, Packers
and Stockyards Administration, $37,000,000: 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.</DELETED>
<DELETED>limitation on inspection and weighing services
expenses</DELETED>
<DELETED> Not to exceed $47,500,000 (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.</DELETED>
<DELETED>Office of the Under Secretary for Food Safety</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Food Safety, $689,000.</DELETED>
<DELETED>Food Safety and Inspection Service</DELETED>
<DELETED> 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), $972,028,000; 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 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.</DELETED>
<DELETED>Office of the Under Secretary for Farm and Foreign
Agricultural Services</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services,
$760,000.</DELETED>
<DELETED>Farm Service Agency</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For necessary expenses of the Farm Service Agency,
$1,176,500,000: 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.</DELETED>
<DELETED>state mediation grants</DELETED>
<DELETED> For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,550,000.</DELETED>
<DELETED>grassroots source water protection program</DELETED>
<DELETED> 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), $3,605,000, to remain
available until expended.</DELETED>
<DELETED>dairy indemnity program</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>agricultural credit insurance fund program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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: $1,500,000,000 for unsubsidized
guaranteed farm ownership loans and $475,000,000 for farm ownership
direct loans; $1,500,000,000 for unsubsidized guaranteed operating
loans and $1,050,090,000 for direct operating 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.</DELETED>
<DELETED> For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership,
$22,800,000 for direct loans; farm operating loans, $26,100,000 for
unsubsidized guaranteed operating loans, $59,120,000 for direct
operating loans; and Indian highly fractionated land loans,
$193,000.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs, $268,634,000, of
which $260,730,000 shall be paid to the appropriation for ``Farm
Service Agency, Salaries and Expenses''.</DELETED>
<DELETED> Funds appropriated by this Act to the Agricultural Credit
Insurance 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.</DELETED>
<DELETED>Risk Management Agency</DELETED>
<DELETED> For necessary expenses of the Risk Management Agency,
$68,016,000: 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).</DELETED>
<DELETED>CORPORATIONS</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Crop Insurance Corporation Fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Commodity Credit Corporation Fund</DELETED>
<DELETED>reimbursement for net realized losses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>hazardous waste management</DELETED>
<DELETED>(limitation on expenses)</DELETED>
<DELETED> 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).</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>CONSERVATION PROGRAMS</DELETED>
<DELETED>Office of the Under Secretary for Natural Resources and
Environment</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Natural Resources and Environment, $760,000.</DELETED>
<DELETED>Natural Resources Conservation Service</DELETED>
<DELETED>conservation operations</DELETED>
<DELETED> 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,
$770,956,000, 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.</DELETED>
<DELETED>watershed rehabilitation program</DELETED>
<DELETED> Under the authorities of Section 14 of the Watershed
Protection and Flood Prevention Act, $15,000,000 is provided.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>RURAL DEVELOPMENT</DELETED>
<DELETED>Office of the Under Secretary for Rural Development</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Rural Development, $760,000.</DELETED>
<DELETED>Rural Development Salaries and Expenses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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;
$161,011,000: 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 $10,000 may be expended to
provide modest non-monetary 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.</DELETED>
<DELETED>Rural Housing Service</DELETED>
<DELETED>rural housing insurance fund program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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: $24,845,666,000 for loans to section 502 borrowers, of
which $845,666,000 shall be for direct loans, and of which
$24,000,000,000 shall be for unsubsidized guaranteed loans; and
$58,617,000 for section 515 rental housing loans.</DELETED>
<DELETED> 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: $40,000,000 for 502 direct loans; and
$20,000,000 for repair, rehabilitation, and new construction of section
515 rental housing: Provided, 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.</DELETED>
<DELETED> In addition, for the cost of direct loans, grants, and
contracts, as authorized by 42 U.S.C. 1484 and 1486, $12,500,000, 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.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs, $400,000,000 shall
be paid to the appropriation for ``Rural Development, Salaries and
Expenses''.</DELETED>
<DELETED>rental assistance program</DELETED>
<DELETED> 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,
$890,000,000; 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 $1,500,000 is available for newly constructed units financed
by section 515 of the Housing Act of 1949, and not less than $2,500,000
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 one-year period: Provided further, That any unexpended
balances remaining at the end of such one-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 multi-family housing project financed under section
514 or 516 of the Act.</DELETED>
<DELETED>multi-family housing revitalization program account</DELETED>
<DELETED> For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding subsection
(b) of such section, $11,000,000, to remain available until expended,
which 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, 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.</DELETED>
<DELETED>mutual and self-help housing grants</DELETED>
<DELETED> For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $22,000,000, 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.</DELETED>
<DELETED>rural housing assistance grants</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For grants and contracts for very low-income housing
repair made by the Rural Housing Service, as authorized by 42 U.S.C.
1474, $32,000,000, 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.</DELETED>
<DELETED>Rural Community Facilities Program Account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For the cost of direct loans and 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, $18,000,000, to remain available until expended:
Provided, That $3,000,000 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, non-profit 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 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.</DELETED>
<DELETED>Rural Business--Cooperative Service</DELETED>
<DELETED>rural business program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For the cost of loan guarantees and grants, for the rural
business development programs authorized by sections 306 and 310B and
described in section 381E(d)(3) of the Consolidated Farm and Rural
Development Act, $64,500,000, to remain available until expended:
Provided, That of the amount appropriated under this heading, not to
exceed $500,000 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: Provided
further, That $2,250,000 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 $3,400,000 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 section 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.</DELETED>
<DELETED>rural development loan fund program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$14,758,000.</DELETED>
<DELETED> For the cost of direct loans, $5,000,000, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $750,000
shall be available through June 30, 2012, for Federally Recognized
Native American Tribes; and of which $1,500,000 shall be available
through June 30, 2012, for Mississippi Delta Regional counties (as
determined in accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be 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.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
direct loan programs, $3,500,000 shall be paid to the appropriation for
``Rural Development, Salaries and Expenses''.</DELETED>
<DELETED>Rural Economic Development Loans Program Account</DELETED>
<DELETED>(including cancellation of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 hereby permanently cancelled.</DELETED>
<DELETED>rural cooperative development grants</DELETED>
<DELETED> For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932), $22,500,000 of which, $2,000,000 shall be for cooperative
agreements for the appropriate technology transfer for rural areas
program: Provided, That, not to exceed $3,000,000 shall be for
cooperatives or associations of cooperatives whose primary focus is to
provide assistance to small, socially disadvantaged producers and whose
governing board and/or membership is comprised of at least 75 percent
socially disadvantaged members; and of which $12,500,000, 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).</DELETED>
<DELETED>rural energy for america program</DELETED>
<DELETED> 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),
$1,300,000 (increased by $1,000,000): 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.</DELETED>
<DELETED>Rural Utilities Service</DELETED>
<DELETED>rural water and waste disposal program</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For the cost of direct loans 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, $500,000,000, to remain
available until expended, of which not to exceed $497,000 shall be
available for the rural utilities program described in section
306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be
available for the rural utilities program described in section 306E of
such Act: Provided, That $65,000,000 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 and/
or 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 $3,400,000
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 $14,000,000 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 not to
exceed $3,400,000 shall be for solid waste management grants: 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 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.</DELETED>
<DELETED>rural electrification and telecommunications loans program
account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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; 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.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct and guaranteed loan programs, $30,000,000, which
shall be paid to the appropriation for ``Rural Development, Salaries
and Expenses''.</DELETED>
<DELETED>distance learning, telemedicine, and broadband
program</DELETED>
<DELETED>(including cancellation of funds)</DELETED>
<DELETED> For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $15,000,000,
to remain available until expended.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>DOMESTIC FOOD PROGRAMS</DELETED>
<DELETED>Office of the Under Secretary for Food, Nutrition and Consumer
Services</DELETED>
<DELETED> For necessary expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services,
$689,000.</DELETED>
<DELETED>Food and Nutrition Service</DELETED>
<DELETED>child nutrition programs</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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; $18,770,571,000, 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 of the total amount available, $16,516,000 shall be
available to carry out section 19 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''.</DELETED>
<DELETED>special supplemental nutrition program for women, infants, and
children (wic)</DELETED>
<DELETED> 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), $6,048,250,000, 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 $14,000,000 shall be used for infrastructure, not less than
$50,000,000 shall be used for management information systems, not less
than $75,000,000 shall be used for breastfeeding peer counselors and
other related activities, and not less than $7,500,000 shall be used
for breastfeeding performance awards: 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.</DELETED>
<DELETED>supplemental nutrition assistance program</DELETED>
<DELETED> For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $71,173,308,000, 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 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 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 funds made available under this
heading may be available 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.</DELETED>
<DELETED>commodity assistance program</DELETED>
<DELETED> 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,
$192,500,000 (increased by $5,000,000), 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 2012 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.</DELETED>
<DELETED>nutrition programs administration</DELETED>
<DELETED> For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition assistance
program, $125,000,000: Provided, That of the funds provided herein,
$1,500,000 shall be used for the purposes of section 4404 of Public Law
107-171, as amended by section 4401 of Public Law 110-246.</DELETED>
<DELETED>TITLE V</DELETED>
<DELETED>FOREIGN ASSISTANCE AND RELATED PROGRAMS</DELETED>
<DELETED>Foreign Agricultural Service</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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), $175,000,000 (reduced by $2,500,000): 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,
funds made available for the Borlaug International Agricultural Science
and Technology Fellowship program, 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.</DELETED>
<DELETED>food for peace title i direct credit and food for progress
program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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, $2,385,000, which shall be paid to 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.</DELETED>
<DELETED>food for peace title ii grants</DELETED>
<DELETED> 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, $1,040,198,000, to remain available until
expended.</DELETED>
<DELETED>commodity credit corporation export (loans) credit guarantee
program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and GSM 103,
$6,820,000; 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 $6,465,000 shall
be paid to the appropriation for ``Foreign Agricultural Service,
Salaries and Expenses'', and of which $355,000 shall be paid to the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.</DELETED>
<DELETED>mcgovern-dole international food for education and child
nutrition program grants</DELETED>
<DELETED> 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), $180,000,000, 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.</DELETED>
<DELETED>TITLE VI</DELETED>
<DELETED>RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION</DELETED>
<DELETED>Department of Health and Human Services</DELETED>
<DELETED>food and drug administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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; $3,654,148,000:
Provided, That of the amount provided under this heading, $856,041,000
shall be derived from prescription drug user fees authorized by 21
U.S.C. 379h, and 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; $67,118,000 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 section 740 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379j-12), 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 section 741 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 379j-21), and shall be credited to this account and shall
remain available until expended; and $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 $36,000,000 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 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 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 of the total amount
appropriated: (1) $799,820,000 shall be for the Center for Food Safety
and Applied Nutrition and related field activities in the Office of
Regulatory Affairs; (2) $1,031,205,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the Office of
Regulatory Affairs; (3) $327,651,000 shall be for the Center for
Biologics Evaluation and Research and for related field activities in
the Office of Regulatory Affairs; (4) $157,874,000 shall be for the
Center for Veterinary Medicine and for related field activities in the
Office of Regulatory Affairs; (5) $321,171,000 shall be for the Center
for Devices and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $51,461,000 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 $124,273,000 shall
be for Rent and Related activities, of which $37,073,000 is for White
Oak Consolidation, other than the amounts paid to the General Services
Administration for rent; (9) not to exceed $177,130,000 shall be for
payments to the General Services Administration for rent; and (10)
$208,812,000 shall be for other activities, including the Office of the
Commissioner; the Office of Foods; the Office of the Chief Scientist;
the Office of Policy, Planning and Budget; the Office of International
Programs; the Office of Administration; 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 may be transferred from one specified activity to
another with the prior approval of the Committees on Appropriations of
both Houses of Congress.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>buildings and facilities</DELETED>
<DELETED> 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,
$8,788,000, to remain available until expended.</DELETED>
<DELETED>INDEPENDENT AGENCIES</DELETED>
<DELETED>commodity futures trading commission</DELETED>
<DELETED> For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase and
hire of passenger motor vehicles, and the rental of space (to include
multiple year leases) in the District of Columbia and elsewhere,
$171,930,000, to remain available until September 30, 2013, including
not to exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials.</DELETED>
<DELETED>Farm Credit Administration</DELETED>
<DELETED>limitation on administrative expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE VII</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED>(including cancellations, recissions and transfers of
funds)</DELETED>
<DELETED> 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 461 passenger motor vehicles, of which 456 shall
be for replacement only, and for the hire of such vehicles.</DELETED>
<DELETED> 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 notification
to 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 the prior notification to the
Committees on Appropriations of both Houses of Congress: 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
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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 706. 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).</DELETED>
<DELETED> 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 unless prior
notification has been transmitted to 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 709. 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 of 1936, 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.</DELETED>
<DELETED> 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) of such Act in
the form of unrecovered indirect costs not otherwise charged against
the grant, consistent with the indirect rate of cost approved for a
recipient.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 CFR 246.10 when issuing
liquid infant formula to participants.</DELETED>
<DELETED> Sec. 713. None of the funds appropriated or otherwise
made available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301-10.122 through 301-10.124 of title 41, Code of Federal
Regulations.</DELETED>
<DELETED> 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,
that is authorized or required to be carried out using funds of the
Commodity Credit Corporation--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> Sec. 715. In carrying out subsection (h) of section 502
of the Housing Act of 1949, the Secretary may use the authority
described in subsections (h) and (j) of section 538 of such
Act.</DELETED>
<DELETED> Sec. 716. Clause (ii) of section 524(b)(4)(B) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended--
</DELETED>
<DELETED> (1) in the heading, by striking ``fiscal years
2008 through 2012'' and inserting ``certain fiscal years'';
and</DELETED>
<DELETED> (2) in the text, by striking ``2012'' and
inserting ``2014''.</DELETED>
<DELETED> 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 made in fiscal years 2005, 2006, 2007, and
2008.</DELETED>
<DELETED> Sec. 718. None of the funds appropriated or otherwise
made available by this Act or any other Act shall be used to pay the
salaries and expenses of personnel to carry out 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 Contract -
$5,000,000; Removal of Defective Commodities - $2,500,000; Disaster
Relief - $5,000,000; Additional Fruits, Vegetables, and Nuts Purchases
-$206,000,000; Fresh Fruit and Vegetable Program - $20,000,000;
Estimated Future Needs - $196,713,000; and, Administrative Funds -
$47,787,000: 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 Act of August
24, 1935 (7 U.S.C. 612c), 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 720. None of the funds in this Act shall be
available to pay indirect costs charged against any agricultural
research, education, or extension grant awards issued by the National
Institute of Food and Agriculture that exceed 30 percent of total
Federal funds provided under each award: Provided, That notwithstanding
section 1462 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act
for grants awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect costs for
each grant awarded under section 9 of the Small Business Act (15 U.S.C.
638).</DELETED>
<DELETED> Sec. 721. None of the funds made available by this or any
other Act may be used to write, prepare, develop, or publish a final
rule or an interim final rule in furtherance of, or otherwise to
implement, the proposed rule entitled ``Implementation of Regulations
Required Under Title XI of the Food, Conservation, and Energy Act of
2008; Conduct in Violation of the Act'' (75 Fed. Reg. 35338 (June 22,
2010)).</DELETED>
<DELETED> Sec. 722. The unobligated balances available for the
Natural Resources Conservation Service, Forestry Incentives Program, as
identified by Treasury Appropriation Fund Symbol 12X3336, $5,500,000
are rescinded, and the unobligated balances available for the Natural
Resources Conservation Service, Great Plains Conservation Program, as
identified by Treasury Appropriation Fund Symbol 12X2268, $500,000 are
rescinded.</DELETED>
<DELETED> Sec. 723. Of the unobligated balances provided pursuant
to section 16(h)(1)(A) of the Food and Nutrition Act of 2008,
$11,000,000 is hereby rescinded.</DELETED>
<DELETED> Sec. 724. Section 1238E(a) of the Food Security Act of
1985 (16 U.S.C. 3838e(a)) is amended by striking ``2012'' and inserting
``2014''.</DELETED>
<DELETED> Sec. 725. (a) 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''.</DELETED>
<DELETED> (b) 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''.</DELETED>
<DELETED> Sec. 726. Section 1241(a) of the Food Security Act of
1985 (16 U.S.C. 3841(a)) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in paragraph (4)(E), by striking ``fiscal year
2012'' and inserting ``each of fiscal years 2012 through
2014''.</DELETED>
<DELETED> Sec. 727. 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''.</DELETED>
<DELETED> Sec. 728. 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:</DELETED>
<DELETED> (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
$634,000,000.</DELETED>
<DELETED> (2) The Watershed Rehabilitation program
authorized by section 14(h) of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012(h)).</DELETED>
<DELETED> (3) The Environmental Quality Incentives Program
as authorized by sections 1241-1240H of the Food Security Act
of 1985 (16 U.S.C. 3839aa-3839aa-8) in excess of
$1,400,000,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 209,000 acres in fiscal year
2012.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (9) The Biomass Crop Assistance Program authorized
by section 9011 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8111).</DELETED>
<DELETED> (10) 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
$55,000,000.</DELETED>
<DELETED> (11) 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).</DELETED>
<DELETED> (12) The Rural Microentrepreneur Assistance
Program authorized by section 6022 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 2008s).</DELETED>
<DELETED> (13) 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.</DELETED>
<DELETED> (14) 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.</DELETED>
<DELETED> Sec. 729. The funds made available in Public Law 111-344
through February 12, 2012 for trade adjustment for farmers are hereby
rescinded.</DELETED>
<DELETED> Sec. 730. None of the funds appropriated or otherwise
made available by this Act shall be used to pay the salaries and
expenses of personnel to carry out the emergency food assistance
program authorized by section 27(a) of the Food and Nutrition Stamp Act
of 2008 (7 U.S.C. 2036(a)) if such program exceeds
$200,000,000.</DELETED>
<DELETED> Sec. 731. (a) Closure and Conveyance of Agricultural
Research Service Facilities.--The Secretary of Agriculture may close up
to 10 facilities of the Agricultural Research Service, as proposed in
the budget of the President for fiscal year 2012 submitted to Congress
pursuant to section 1105 of title 31, United States Code.</DELETED>
<DELETED> (b) Conveyance Authority.--With respect to an Agricultural
Research Service facility to be closed pursuant to subsection (a), the
Secretary of Agriculture may convey, with or without consideration, all
right, title, and interest of the United States in and to any real
property, including improvements and equipment thereon, of the facility
to an eligible entity specified in subsection (c). If the Agricultural
Research Service facility consists of more than one parcel of real
property, the Secretary may convey each parcel separately and to
different eligible entities.</DELETED>
<DELETED> (c) Entities.--The following entities are eligible to
receive real property under subsection (b):</DELETED>
<DELETED> (1) Land-grant colleges and universities (as
defined in section 1404(13) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103(13)).</DELETED>
<DELETED> (2) 1994 Institutions (as defined in section 532
of the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382)).</DELETED>
<DELETED> (3) Hispanic-serving agricultural colleges and
universities (as defined in section 1404(10) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103(10)).</DELETED>
<DELETED> (d) Conditions on Receipt.--As a condition of the
conveyance of real property under subsection (b), the recipient of the
property must--</DELETED>
<DELETED> (1) be located in the same State or territory of
the United States in which the property is located;
and</DELETED>
<DELETED> (2) agree to accept and use the property for
agricultural and natural resources research for a minimum of 25
years.</DELETED>
<DELETED> Sec. 732. Section 9 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(l) Food Donation Program.--</DELETED>
<DELETED> ``(1) In general.--Each school and local
educational agency participating in the school lunch program
under this Act may donate any food not consumed under such
program to eligible local food banks or charitable
organizations.</DELETED>
<DELETED> ``(2) Guidance.--</DELETED>
<DELETED> ``(A) In general.--Not later than 180 days
after the date of the enactment of this subsection, the
Secretary shall develop and publish guidance to schools
and local educational agencies participating in the
school lunch program under this Act to assist such
schools and local educational agencies in donating food
under this subsection.</DELETED>
<DELETED> ``(B) Updates.--The Secretary shall update
such guidance as necessary.</DELETED>
<DELETED> ``(3) Liability.--Any school or local educational
agency making donations pursuant to this subsection shall be
exempt from civil and criminal liability to the extent provided
under the Bill Emerson Good Samaritan Food Donation Act (42
U.S.C. 1791).</DELETED>
<DELETED> ``(4) Definition.--In this subsection, the term
`eligible local food banks or charitable organizations' means
any food bank or charitable organization which is exempt from
tax under section 501(c)(3) of the Internal Revenue Code of
1986 (26 U.S.C. 501(c)(3)).''.</DELETED>
<DELETED> Sec. 733. Notwithstanding this Act or any other Act, of
the unobligated balances available to the Department of Agriculture
from prior appropriations, with the exception of Rural Development and
Domestic Food Programs, $63,000,000 in appropriated discretionary funds
are hereby 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.</DELETED>
<DELETED> Sec. 734. 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.</DELETED>
<DELETED> Sec. 735. (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--
</DELETED>
<DELETED> (1) creates new programs;</DELETED>
<DELETED> (2) eliminates a program, project, or
activity;</DELETED>
<DELETED> (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or
restricted;</DELETED>
<DELETED> (4) relocates an office or employees;</DELETED>
<DELETED> (5) reorganizes offices, programs, or activities;
or</DELETED>
<DELETED> (6) contracts out or privatizes any functions or
activities presently performed by Federal employees;</DELETED>
<DELETED>unless the Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures Trading
Commission (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.</DELETED>
<DELETED> </DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) augments existing programs, projects, or
activities;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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, the Secretary of
Health and Human Services, or the Chairman of the Commodity
Futures Trading Commission (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.</DELETED>
<DELETED> (c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures Trading
Commission shall notify 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.</DELETED>
<DELETED> Sec. 736. 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.</DELETED>
<DELETED> Sec. 737. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended for
broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.</DELETED>
<DELETED> Sec. 738. No employee of the Department of Agriculture
may be detailed or assigned from an agency or office funded by this 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.</DELETED>
<DELETED> Sec. 739. None of the funds made available in this Act
may be used to pay the salaries or expenses of personnel to--</DELETED>
<DELETED> (1) inspect horses under section 3 of the Federal
Meat Inspection Act (21 U.S.C. 603);</DELETED>
<DELETED> (2) inspect horses under section 903 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 1901 note; Public Law 104-127); or</DELETED>
<DELETED> (3) implement or enforce section 352.19 of title
9, Code of Federal Regulations.</DELETED>
<DELETED> Sec. 740. None of the funds made available by this Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that was convicted (or had an officer or
agent of such corporation acting on behalf of the corporation
convicted) of a felony criminal violation under any Federal or State
law within the preceding 24 months.</DELETED>
<DELETED> Sec. 741. None of the funds made available by this Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability.</DELETED>
<DELETED>spending reduction account</DELETED>
<DELETED> Sec. 742. The amount by which the applicable allocation
of new budget authority made by the Committee on Appropriations of the
House of Representatives under section 302(b) of the Congressional
Budget Act of 1974 exceeds the amount of proposed new budget authority
is $0 (increased by $2,390,000).</DELETED>
<DELETED> Sec. 743. Each amount made available by titles I through
VI (other than an amount required to be made available by a provision
of law) is hereby reduced by 0.78 percent.</DELETED>
<DELETED> Sec. 744. None of the funds made available by this Act to
the Food and Drug Administration may be used to approve any application
submitted under section 512 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b) for approval of genetically engineered
salmon.</DELETED>
<DELETED> Sec. 745. None of the funds made available by this Act
may be used to provide assistance under title II of the Food for Peace
Act (7 U.S.C. 1721 et seq.) to the Democratic People's Republic of
Korea (North Korea).</DELETED>
<DELETED> Sec. 746. None of the funds made available by this Act
may be used to pay the salaries and expenses of personnel who provide
nonrecourse marketing assistance loans for mohair under section 1201 of
the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8731).</DELETED>
<DELETED> Sec. 747. None of the funds made available by this Act
may be used by the Department of Agriculture, the Food and Drug
Administration, the Commodity Futures Trading Commission, or any other
Federal Agency receiving funds under this Act to lease or purchase new
light duty vehicles, for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum-Federal
Fleet Performance, dated May 24, 2011.</DELETED>
<DELETED> Sec. 748. The amount otherwise provided by this Act for
``Integrated Activities'' is hereby increased by, and the amount
otherwise provided by this Act for ``National Institute of Food and
Agriculture-research and education activities'' is hereby reduced (to
be derived from amounts for competitive grants (7 U.S.C. 22 450i(b)))
by, $4,400,000, respectively.</DELETED>
<DELETED> Sec. 749. None of the funds made available by this Act
may be used to enforce section 526 of the Energy Independence and
Security Act of 2007 (Public Law 110-140; 42 U.S.C. 17142).</DELETED>
<DELETED> Sec. 750. None of the funds made available by this Act
may be used to support any Know Your Farmer, Know Your Food initiative
of the Department of Agriculture.</DELETED>
<DELETED> Sec. 751. None of the funds made available by this Act
may be used to provide payments (or to pay the salaries and expenses of
personnel to provide payments) to the Brazil Cotton
Institute.</DELETED>
<DELETED> Sec. 752. For the cost of broadband loans, as authorized
by section 601 of the Rural Electrification Act of 1936, to remain
available until expended, there is hereby appropriated, and the amount
otherwise provided by this Act for payments to the General Services
Administration for rent under the heading ``Agriculture Buildings and
Facilities and Rental Payments'' is hereby reduced by,
$6,000,000.</DELETED>
<DELETED> Sec. 753. None of the funds made available by this Act
may be used for mifepristone, commonly known as RU-486.</DELETED>
<DELETED> Sec. 754. None of the funds made available by this Act
may be used by the Commodity Futures Trading Commission to promulgate
any final rules under paragraph (13) or (14) of section 2(a) of the
Commodity Exchange Act, as added by section 727 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act, until 12 months after the
promulgation of final swap transaction reporting rules under section 21
of the Commodity Exchange Act.</DELETED>
<DELETED> Sec. 755. None of the funds made available by this Act
may be used to implement the Departmental Regulation of the Department
of Agriculture entitled ``Policy Statement on Climate Change
Adaptation'' (Departmental Regulation 1070-001 (June 3,
2011)).</DELETED>
<DELETED> Sec. 756. For preventive measures authorized under the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.)
and the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et
seq.), including research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing
structures, and changes in use of land, there is hereby appropriated,
and the amount otherwise provided by this Act for ``Agricultural
Programs--Agriculture Buildings and Facilities and Rental Payments'' is
reduced by, $3,000,000, to remain available until expended.</DELETED>
<DELETED> Sec. 757. None of the funds made available by this Act
may be used for the construction of an ethanol blender pump or an
ethanol storage facility.</DELETED>
<DELETED> This Act may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2012''.</DELETED>
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.''.
Passed the House of Representatives June 16, 2011.
Attest:
KAREN L. HAAS,
Clerk.
Passed the Senate November 1, 2011.
Attest:
NANCY ERICKSON,
Secretary.