[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2112 Reported in House (RH)]
Union Calendar No. 56
112th CONGRESS
1st Session
H. R. 2112
[Report No. 112-101]
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
June 3, 2011
Mr. Kingston, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
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, 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:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $4,293,000: 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, $423,000
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,
$10,707,000.
national appeals division
For necessary expenses of the National Appeals Division,
$12,091,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $8,004,000.
office of homeland security
For necessary expenses of the Office of Homeland Security,
$1,272,000.
Office of Advocacy and Outreach
For necessary expenses of the Office of Advocacy and Outreach,
$1,209,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief Information
Officer, $35,000,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,310,000: 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, $760,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights, $19,288,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant Secretary for
Administration, $683,000.
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. 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, 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 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.
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.), $3,393,000, 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.
departmental administration
(including transfers of funds)
For Departmental Administration, $23,900,000, 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.
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, $3,289,000: 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.
Office of Communications
For necessary expenses of the Office of Communications, $8,058,000.
Office of Inspector General
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.
Office of the General Counsel
For necessary expenses of the Office of the General Counsel,
$35,204,000.
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, $760,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$70,000,000.
National Agricultural Statistics Service
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.
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,
$993,345,000: 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,
$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.
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.
extension activities
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.
integrated activities
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.
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, $760,000.
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),
$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.
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, $3,200,000, to
remain available until expended.
Agricultural Marketing Service
Marketing Services
For necessary expenses of the Agricultural Marketing Service,
$77,500,000: 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 $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.
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 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.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
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.
limitation on inspection and weighing services expenses
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.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary for
Food Safety, $689,000.
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), $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.
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, $760,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
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.
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), $3,550,000.
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), $3,605,000, 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: $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.
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.
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''.
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.
Risk Management Agency
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).
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, $760,000.
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,
$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.
watershed rehabilitation program
Under the authorities of Section 14 of the Watershed Protection and
Flood Prevention Act, $15,000,000 is provided.
TITLE III
RURAL DEVELOPMENT
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary for
Rural Development, $760,000.
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;
$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.
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: $24,845,666,000 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.
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.
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.
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''.
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,
$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.
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, $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.
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), $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.
rural housing assistance grants
(including transfer of funds)
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.
Rural Community Facilities Program Account
(including transfers of funds)
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.
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 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.
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)), $14,758,000.
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.
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''.
Rural Economic Development Loans Program Account
(including cancellation 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
hereby permanently cancelled.
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), $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).
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), $1,300,000:
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
(including transfers of funds)
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.
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; 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.
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''.
distance learning, telemedicine, and broadband program
(including cancellation of funds)
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.
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, $689,000.
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; $18,770,571,000, 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''.
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), $6,048,250,000, 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.
supplemental nutrition assistance program
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.
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, $192,500,000, 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.
nutrition programs administration
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.
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), $175,000,000: 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.
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, $2,385,000, 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.
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, $1,040,198,000, to remain available until
expended.
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,
$6,820,000; 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''.
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), $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.
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; $3,654,148,000: 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.
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,
$8,788,000, to remain available until expended.
INDEPENDENT AGENCIES
commodity futures trading commission
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.
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 cancellations, recissions 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 461 passenger motor vehicles, of which 456 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 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.
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 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. 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 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.
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. 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.
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.
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. 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.
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--
(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. 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.
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--
(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''.
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.
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.
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. 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).
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)).
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.
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.
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''.
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''.
(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''.
Sec. 726. 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''.
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''.
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:
(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.
(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 1241-1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000.
(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 209,000 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 Biomass Crop Assistance Program authorized by
section 9011 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8111).
(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.
(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).
(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).
(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.
(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.
Sec. 729. The funds made available in Public Law 111-344 through
February 12, 2012 for trade adjustment for farmers are hereby
rescinded.
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.
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.
(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.
(c) Entities.--The following entities are eligible to receive real
property under subsection (b):
(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)).
(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)).
(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)).
(d) Conditions on Receipt.--As a condition of the conveyance of
real property under subsection (b), the recipient of the property
must--
(1) be located in the same State or territory of the United
States in which the property is located; and
(2) agree to accept and use the property for agricultural
and natural resources research for a minimum of 25 years.
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:
``(l) Food Donation Program.--
``(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.
``(2) Guidance.--
``(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.
``(B) Updates.--The Secretary shall update such
guidance as necessary.
``(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).
``(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)).''.
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.
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.
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--
(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, 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.
(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, 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.
(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.
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.
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.
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.
Sec. 739. None of the funds made available in this Act may be used
to pay the salaries or expenses of personnel to--
(1) inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(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
(3) implement or enforce section 352.19 of title 9, Code of
Federal Regulations.
Sec. 740. None of the funds made available by this Act may be used
by the Food and Drug Administration to write, prepare, develop or
publish a proposed, interim, or final rule, regulation, or guidance
that is intended to restrict the use of a substance or a compound
unless the Secretary bases such rule, regulation or guidance on hard
science (and not on such factors as cost and consumer behavior), and
determines that the weight of toxicological evidence, epidemiological
evidence, and risk assessments clearly justifies such action, including
a demonstration that a product containing such substance or compound is
more harmful to users than a product that does not contain such
substance or compound, or in the case of pharmaceuticals, has been
demonstrated by scientific study to have none of the purported
benefits.
Sec. 741. The Secretary of Agriculture shall reduce the payment
rate for upland cotton under section 1103(b) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8713(b)) as necessary so that
reductions in the amount of direct payments made to producers for
upland cotton completely offset the costs incurred by the Commodity
Credit Corporation to provide payments to the Brazil Cotton Institute.
Sec. 742. 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.
Sec. 743. None of the funds made available by this Act or any
other Act may be used to provide payments (or to pay the salaries and
expenses of personnel to provide payments) to the Brazil Cotton
Institute.
Sec. 744. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to pay the salaries
and expenses of personnel of the Department of Agriculture to provide
any benefit described in section 1001D(b)(1)(C) of the Food Security
Act of 1985 (7 U.S.C. 1308-3a(b)(1)(C)) to a person or legal entity if
the average adjusted gross income of the person or legal entity exceeds
$250,000.
Sec. 745. 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.
spending reduction account
Sec. 746. 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.
This Act may be cited as the ``Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropriations Act,
2012''.
Union Calendar No. 56
112th CONGRESS
1st Session
H. R. 2112
[Report No. 112-101]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 3, 2011
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed