[Congressional Record Volume 157, Number 165 (Tuesday, November 1, 2011)]
[Senate]
[Pages S6932-S6980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND
RELATED AGENCIES APPROPRIATIONS ACT OF 2012
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of H.R. 2112, which the clerk will
report.
The legislative clerk read as follows:
A bill (H.R. 2112) making appropriations for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2012, and for other purposes.
Pending:
Crapo amendment No. 814 (to amendment No. 738), to provide
for the orderly implementation of the provisions of title VII
of the Dodd-Frank Wall Street Reform and Consumer Protection
Act.
Lee motion to recommit Appropriations.
Blunt (for DeMint) amendment No. 763 (to amendment No.
738), to prohibit the use of funds to implement regulations
regarding the removal of essential-use designation for
epinephrine used in oral pressurized metered-dose inhalers.
Blunt (for DeMint) amendment No. 764 (to amendment No.
738), to eliminate a certain increase in funding.
Coburn amendment No. 794 (to amendment No. 738), to provide
taxpayers with an annual report disclosing the cost of,
performance by, and areas for improvements for Government
programs.
Coburn amendment No. 795 (to amendment No. 738), to collect
more than $500,000,000 from developers for failed, botched,
and abandoned projects.
Coburn amendment No. 797 (to amendment No. 738), to delay
or cancel new construction, purchasing, leasing, and
renovation of Federal buildings and office space.
Coburn amendment No. 799 (to amendment No. 738), to
prohibit the use of funds to carry out the Rural Energy for
America Program.
Coburn amendment No. 800 (to amendment No. 738), to reduce
funding for the Rural Development Agency.
Coburn amendment No. 801 (to amendment No. 738), to
eliminate funding for the Small Community Air Service
Development Program.
Coburn amendment No. 833 (to amendment No. 738), to end the
outdated direct payment program and to begin restoring the
farm safety net as a true risk management tool.
The ACTING PRESIDENT pro tempore. The Senator from Wisconsin.
Amendment No. 800
Mr. KOHL. Madam President, the first amendment we will be considering
today is the Coburn amendment to reduce funding for the rural
development mission area by $1 billion, or 41 percent, spread equally
over the agency. I am opposing this amendment. This is not the time to
curtail essential programs that support jobs and incomes in our rural
areas. So I will oppose this amendment, and I urge my colleagues to do
so as well.
I would now like to yield to Senator Sherrod Brown of Ohio.
The ACTING PRESIDENT pro tempore. The Senator from Ohio.
Mr. BROWN of Ohio. Madam President, I rise in opposition to the
Coburn amendment's 41 percent of a $1 billion cut to USDA's rural
development mission. Everyone in this Chamber talks
[[Page S6933]]
about job growth, as we should--some of us want to do some more
specific things than others perhaps--but we have to ask the question:
If we are going to consider a 40-percent cut to rural development, how
does a small town recruit a 21st-century business or support
entrepreneurs when the best it can offer is dial-up Internet access?
How does a rural village in Allen County, OH, finance a $2\1/2\ million
water system without some kind of grant or loan?
The ACTING PRESIDENT pro tempore. Time in opposition to the amendment
has expired.
Mr. BROWN of Ohio. I ask my colleagues to vote no on the amendment.
The ACTING PRESIDENT pro tempore. Without objection, the proponent's
time is yielded back.
Mr. DURBIN. I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to the amendment.
The clerk will call the roll.
The assistant bill clerk called the roll.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Arizona (Mr. McCain) and the Senator from North Carolina (Mr.
Burr).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 13, nays 85, as follows:
[Rollcall Vote No. 189 Leg.]
YEAS--13
Coburn
Corker
Cornyn
DeMint
Graham
Hatch
Hutchison
Inhofe
Johnson (WI)
Kyl
Lee
Paul
Toomey
NAYS--85
Akaka
Alexander
Ayotte
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boozman
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Cochran
Collins
Conrad
Coons
Crapo
Durbin
Enzi
Feinstein
Franken
Gillibrand
Grassley
Hagan
Harkin
Heller
Hoeven
Inouye
Isakson
Johanns
Johnson (SD)
Kerry
Kirk
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lugar
Manchin
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Portman
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Rubio
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Vitter
Warner
Webb
Whitehouse
Wicker
Wyden
NOT VOTING--2
Burr
McCain
The amendment (No. 800) was rejected.
The ACTING PRESIDENT pro tempore. The Senator from Wisconsin.
Mr. KOHL. Madam President, I move to reconsider the vote.
Mr. REID. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senator from Kentucky is to be recognized to offer an amendment.
The Senator from Kentucky.
Amendment No. 821 to Amendment No. 738
Mr. PAUL. Madam President, I call up my amendment No. 821.
Mrs. BOXER. Parliamentary inquiry.
The ACTING PRESIDENT pro tempore. The Senator will withhold.
The Senator from California.
Mrs. BOXER. I want to make sure I will have a minute to respond
against the amendment.
The ACTING PRESIDENT pro tempore. That is correct. There is 2 minutes
evenly divided on this amendment.
The clerk will report.
The legislative clerk read as follows:
The Senator from Kentucky [Mr. Paul] proposes an amendment
numbered 821 to amendment No. 738.
Mr. PAUL. Madam President, I ask unanimous consent that the reading
of the amendment be waived.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The amendment is as follows:
(Purpose: To reallocate 10 percent of the amounts appropriated for
capital investments in surface transportation infrastructure from
transportation enhancement activities to the highway bridge program)
On page 213, line 13, insert ``: Provided further, That
notwithstanding section 133(d)(2) of title 23, United States
Code, none of the funds made available under this heading may
be used to implement or execute transportation enhancement
activities: Provided further, That at least 10 percent of the
funds made available under this heading shall be made
available for the highway bridge program authorized under
section 144 of title 23, United States Code'' before the
period at the end.
Mr. PAUL. Madam President, this amendment will secure funds for
preparing our Nation's bridges. I have stood with the President in the
shadows of our crumbling bridges. I told the President personally that
I would help to rebuild the bridges.
This amendment should be bipartisan. This amendment should be
noncontroversial. This amendment spends no new money and raises no new
taxes. This amendment simply takes funds from beautification and puts
them into bridges.
As legislators, we need to prioritize and spend money on what is most
important to us. Some on the other side may like the beautification
projects. We like them also. But we are running a $1.5 trillion
deficit, and we must prioritize.
If we wish to fix our Nation's bridges and if we are serious about
it, we will pass this amendment, which will immediately create a fund
to begin fixing our Nation's bridges.
I reserve the remainder of my time.
The ACTING PRESIDENT pro tempore. The Senator from California.
Mrs. BOXER. Madam President, this amendment is not about taking funds
from beautification and putting them into bridges. As a matter of fact,
what this amendment does is it prohibits any bridge that is a historic
bridge from being fixed, and there are thousands of those bridges all
over this great Nation, including the Brooklyn Bridge.
Second, it would tell our States they can't use these TIGR funds for
things they want. I know my colleague thinks it is beautification to
have a pedestrian or a bicycle path built. The fact is, 13 percent of
traffic fatalities nationwide occur because we don't have these safety
improvements. There were 47,000 pedestrians killed between 2000 and
2009. That is the equivalent of a jumbo jet crashing every month. So
this isn't about taking money for beautification.
Senator Inhofe and I have worked very closely to make sure we are not
frivolous in what we fund.
Please vote this down. We have voted down a similar amendment before.
The ACTING PRESIDENT pro tempore. The Senator from Kentucky has 3
seconds.
Mr. PAUL. Three million dollars was spent on a turtle tunnel. Do you
want to keep spending on turtle tunnels or fix our bridges?
The ACTING PRESIDENT pro tempore. The time of the Senator has
expired. Under the previous order, 60 votes are required for the
adoption of this amendment.
Mr. PAUL. I ask for the yeas and nays, Madam President.
The ACTING PRESIDENT pro tempore. Is there a sufficient second? There
appears to be.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Arizona (Mr. McCain) and the Senator from North Carolina (Mr.
Burr).
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
The result was announced--yeas 38, nays 60, as follows:
[Rollcall Vote No. 190 Leg.]
YEAS--38
Ayotte
Barrasso
Blunt
Boozman
Chambliss
Coats
Coburn
Corker
Cornyn
Crapo
DeMint
Enzi
Graham
Grassley
Hatch
Heller
Hoeven
Hutchison
Isakson
Johanns
Johnson (WI)
Kyl
Lee
Lugar
McConnell
Moran
Murkowski
Paul
Portman
Risch
Roberts
Rubio
Sessions
Shelby
Thune
Toomey
Vitter
Wicker
NAYS--60
Akaka
Alexander
Baucus
Begich
Bennet
Bingaman
Blumenthal
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Cochran
Collins
Conrad
Coons
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
[[Page S6934]]
Inhofe
Inouye
Johnson (SD)
Kerry
Kirk
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Manchin
McCaskill
Menendez
Merkley
Mikulski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Snowe
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NOT VOTING--2
Burr
McCain
The ACTING PRESIDENT pro tempore. On this vote, the yeas are 38, the
nays are 60. Under the previous order requiring 60 votes for the
adoption of this amendment, the amendment is rejected.
The Senator from Wisconsin.
Mr. KOHL. Mr. President, I move to reconsider the vote.
Mr. BLUNT. I move to lay the motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 763
The ACTING PRESIDENT pro tempore. There will now be 2 minutes, evenly
divided, on amendment No. 763.
The Senator from South Carolina.
Mr. DeMINT. Madam President, 3 million Americans use over-the-counter
inhalers to control asthma and other respiratory problems. Three years
ago, the EPA came out with a ruling that bans these over-the-counter
inhalers which takes effect this----
Mr. ROBERTS. Madam President, I do not think the Senate is in order.
This is a very important amendment. I have a bill on this amendment
which is the same thing. I would ask for order.
The ACTING PRESIDENT pro tempore. The Senate will be in order.
The Senator from South Carolina.
Mr. DeMINT. The EPA has banned these inhalers, even though they
acknowledged negligible impact on the environment. My amendment just
keeps this rule from going into effect until the manufacturer can
complete its work with the FDA to change its propellent.
Let's allow Americans to continue their quality of life while we
solve the problem. We don't need to do that this January. It will be
solved without the FDA enforcing this rule.
I reserve the remainder of my time.
The ACTING PRESIDENT pro tempore. The Senator from California.
Mrs. BOXER. This amendment affects the ability of people with asthma
to purchase an inhaler that works, and the American Lung Association
opposes this amendment. The American Thoracic Society, which is the
expert--these are the experts on anything to do with respiratory
diseases. There are 150,000 doctors who oppose this amendment.
I am perplexed by it because the reason we want to get away from
these CFCs is because Ronald Reagan signed the treaty to do away with
them and George W. Bush passed the rule to do away with them.
On behalf of the people who depend on inhalers that work right, that
don't use CFCs, I hope we will stand with the Lung Association and the
150,000 doctors of the Thoracic Society.
I hope we will vote this down.
Mr. DeMINT. Madam President, how much time do I have left?
The ACTING PRESIDENT pro tempore. The Senator from South Carolina has
18 seconds.
Mr. DeMINT. Certainly, there are many doctors who want folks to come
in and get prescriptions. There are many manufacturers who make
prescription drugs, but let 3 million Americans access these inhalers.
They do not cause any problems with the environment. The EPA has
recognized it is negligible and the manufacturer will have this worked
out over the next few years.
The ACTING PRESIDENT pro tempore. The question is on agreeing to the
amendment.
Mr. DeMINT. Madam President, I ask for the yeas and nays.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
The ACTING PRESIDENT pro tempore. Are there any other Senators in the
Chamber desiring to vote?
Mr. KYL. The following Senators are necessarily absent: the Senator
from North Carolina (Mr. Burr) and the Senator from Arizona (Mr.
McCain).
The result was announced--yeas 44, nays 54, as follows:
[Rollcall Vote No. 191 Leg.]
YEAS--44
Alexander
Ayotte
Barrasso
Blunt
Boozman
Chambliss
Coats
Coburn
Cochran
Corker
Cornyn
Crapo
DeMint
Enzi
Graham
Grassley
Hatch
Heller
Hoeven
Hutchison
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Kyl
Lee
Lugar
McConnell
Moran
Murkowski
Nelson (NE)
Paul
Portman
Risch
Roberts
Rubio
Sessions
Shelby
Snowe
Thune
Toomey
Vitter
Wicker
NAYS--54
Akaka
Baucus
Begich
Bennet
Bingaman
Blumenthal
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Collins
Conrad
Coons
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Inouye
Johnson (SD)
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Manchin
McCaskill
Menendez
Merkley
Mikulski
Murray
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NOT VOTING--2
Burr
McCain
The amendment (No. 763) was rejected.
Mr. REID. Madam President, I move to reconsider the vote and to lay
that motion on the table.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The motion to lay on the table was agreed to.
Mr. REID. Madam President, it is my understanding that on the next
vote scheduled, the Crapo amendment, Senator Crapo and Senator Stabenow
will enter into a colloquy, and I ask unanimous consent that they both
be given 2 minutes to explain what this is all about.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The Senator from Idaho.
Amendment No. 814 Withdrawn
Mr. CRAPO. Madam President, as the leader has indicated, I will
withdraw this amendment at the conclusion of this colloquy, but I want
to make sure my colleagues understand what the amendment does.
This amendment prohibits any funds from being used by the CFTC to
promulgate any final rules under title VII until the agency
substantiates that those rules are economically beneficial, adhere to
congressional intent, provide end users with a clear exemption from
margin requirements, and set clear bounds on the overseas application
of derivatives requirements.
While there is not yet a bipartisan agreement to go forward with this
amendment at this time, there is a bipartisan list of issues that
regulators need to address. They need to protect end users from
burdensome margin requirements. Margin requirements proposed by
regulators currently ignore the clear intent of Congress not to impose
them on end users. They need to limit the extraterritorial application
of title VII per congressional intent in sections 722 and 764. This is
also being addressed in the House of Representatives. They need to
encourage greater coordination and harmonization between the SEC, the
CFTC, and international regulators to seek broad harmonization of
cross-border issues, and they need to ensure that the new rules are
subject to robust and quantitative assessment of the costs and
benefits.
The regulators involved in our rulemaking process should know that
Congress is going to closely monitor how they proceed, and we expect a
change in course. If we don't get that change in course, then we will
need to return to this kind of legislation.
I wish to thank Senator Stabenow for working with me. She and many
other Senators across the aisle have indicated a willingness to help
try to achieve these objectives and to work together to try to make
this happen.
With that, I yield my time to Senator Stabenow.
The ACTING PRESIDENT pro tempore. The Senator from Michigan.
Ms. STABENOW. Thank you, Madam President. First I wish to thank my
colleague for raising issues of great importance to all of us.
Financial regulatory reform is critically important
[[Page S6935]]
for our country moving forward. Senator Crapo and I spoke earlier about
this amendment. We have a number of areas of shared concern and I have
committed to work with him on these issues.
First and foremost, I agree with my friend from Idaho that we need to
protect our manufacturers, our rural co-ops, energy providers, and
other companies that use financial products to manage their legitimate
business risks. These end users did not cause the financial crisis. So
when we passed Wall Street reform, we included protections for them.
We have held several hearings in the Agriculture Committee to
reinforce to the regulators that manufacturers and others need to be
protected. We will continue to do that oversight.
We certainly agree that as new rules are written, we need have an
open and transparent process. I believe the Commodity Futures Trading
Commission has created, in fact, an open and transparent process and
has worked to improve that process over time. They have held
roundtables, sought public comment, and are making changes based on
those comments to ensure that the new rules work. But it is important
that Congress continues to work with the agencies to get these rules
right. We also expect the agencies to work with each other and with
their international counterparts. We need to make sure rules are robust
and consistent across international borders, avoiding a regulatory race
to the bottom while using ``mutual recognition'' as a guidepost. Most
importantly, the agencies need to create these rules in a way that
provides businesses with market certainty. To that end, we will be
holding another oversight hearing in the next few weeks.
It is important that we continue to urge the regulators to be mindful
of the effects that these rules will have on American businesses. It is
also important to remember that we passed reform because of the serious
consequences of the financial crisis. Millions of families lost their
homes, countless businesses shuttered, 8 million jobs lost. We need to
ensure that the rules are not written in a way that creates incentives
for banks to move their operations overseas to avoid oversight--we
share that concern. We definitely need to get the rules right and keep
the jobs here in America.
The ACTING PRESIDENT pro tempore. The time of the Senator has
expired.
Ms. STABENOW. As I have told my colleague, I will continue to work
with him on these important issues.
The ACTING PRESIDENT pro tempore. The Senator from Idaho.
Mr. CRAPO. Madam President, The amendment prohibits any funds from
being used by the CFTC to promulgate any final rules under Title VII
until the agency substantiates that those rules are economically
beneficia1, adheres to congressional intent to provide end-users with a
clear exemption from margin requirements, and sets clear bounds on the
overseas application of the derivatives requirements.
While there is not yet bipartisan agreement to go forward with this
amendment at this time, there is a bipartisan list of issues that the
regulators need to address:
Protect end-users from burdensome margin requirements. Margin
requirements proposed by regulators currently ignore the clear intent
of Congress not to impose margin on end users.
Limit the extraterritorial application of title VII per Congressional
intent in Sections 722 and 764. In the House of Representatives
bipartisan legislation was just introduced that sets clear bounds on
overseas application of the derivatives requirements, while allowing
regulators to stop systemically dangerous transactions intended to
evade U.S. requirements.
Encourage greater coordination and harmonization between the SEC,
CFTC, and international regulators to seek broad harmonization of
cross-border issues.
Ensure new rules are subject to robust and quantitative assessment of
costs and benefits.
The regulators involved in the rulemaking process should understand
that Congress is going to closely monitor how they proceed and we
expect a change in course.
If the regulators ignore congressional intent and fail to adequately
harmonize their rules with each other and with their foreign
counterparts, then it is my intention to revisit this amendment and
push for a vote.
Madam President, I ask unanimous consent that my amendment be
withdrawn.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. LEVIN. Madam President, I am pleased that Senator Crapo has
withdrawn his amendment, No. 814. I would have opposed this amendment
because it would have brought to a screeching halt the financial
reforms Congress recently enacted to end Wall Street abuses, because it
would weaken capital and margin requirements to limit risk, and because
it would add to the law multiple layers of complexity.
Congress enacted the Dodd-Frank Wall Street Reform and Consumer
Protection Act to put a cop back on the Wall Street beat. It ended the
decades of deregulation that helped unleash the forces of self-dealing
and conflicts of interest that thrust our economy into the recession
from which we are still digging out.
The Crapo amendment would have forced the key Federal banking,
commodities and securities regulators to stop issuing all regulations
to implement the Dodd-Frank law until they issued a host of studies. It
would have buried financial reform under an unprecedented regulatory
procedure requiring piles of new paperwork. The new procedures and
studies could have required years of additional delay, when Congress
has already decided that financial reforms are needed now to protect
the public from high risk financial activities. That was reason enough
to oppose the Crapo amendment.
Second, the Crapo amendment would have weakened a key set of reforms
contained in the Dodd-Frank Act, requiring capital and margin
requirements to reduce risk in the shadowy market in derivatives. Now,
just as rules requiring increased transparency and accountability are
starting to become a reality, some have decided that they prefer the
derivatives market the way it was before.
Some too quickly forget exactly why we need transparency,
accountability, and reduced risk. So let me remind us all about AIG. A
small unit, based in London and buried within the bowels of AIG, nearly
brought about the collapse of the firm, and with it, the world economy.
They sold a type of derivative called a credit default swap. Lots of
them. While they got paid for taking on the risk behind those swaps,
they had insufficient reserves to pay off the bets if they lost. Later,
when all of those swaps went bad, they simply did not have the funds to
pay off their bets. And only AIG knew how much it owed to whom, because
the swaps market had no transparency. Federal regulators were
prohibited by law from overseeing swaps.
Worse yet, Federal regulators could not just let AIG fail, because
the losses to those on the other side of their bets could have brought
them down as well. A global nightmare caused by one small unit of one
company, allowed to run wild by selling a ton of swaps without the
reserves to pay off the bets if they lost. So taxpayers bailed out AIG,
and through them, the banks and companies that did business with AIG.
If those banks had been allowed to collapse, the financial markets
would have frozen. Companies would have been unable to get funds they
needed to operate and grow. Families would have been unable to get
loans to fund their educations, to buy cars and homes, and live.
The Dodd-Frank Act was designed to prevent that nightmare from
happening again. It would institute new capital and margin requirements
for swap dealers and other major participants active in the derivative
markets. Yet just as we start to restore sanity and put the financial
cops back on the Wall Street beat, the Crapo amendment would have
stopped the cops from doing their jobs. The amendment would have
fundamentally undermined Dodd-Frank in two principal ways. First, it
would have delayed any new regulations as already described. Second,
the amendment would have carved out vast amounts of derivatives trades
from the new protections.
While the amendment was written in a complex way, it seems to
prohibit the
[[Page S6936]]
CFTC from imposing capital and margin requirements for a whole host of
swaps. Let me give you an example. As I understand the amendment, it
could have prohibited the CFTC from using any of its funds to regulate
derivatives involving at least one party that's a favored entity. Some
of the favored entities are even investment firms.
Take, for example, the Hudson CDO that my Subcommittee on
Investigations examined. It was a $2 billion synthetic CDO designed by
Goldman Sachs and then turned over to a special purpose investment
vehicle set up by Goldman Sachs in the Cayman Islands. That company
issued the Hudson credit default swap that allowed Goldman Sachs to bet
against the very instrument it had constructed. If one of the
purchasers of this bet was a manufacturing firm or some other type of
special entity, shouldn't they also be protected?
For the last decade, the CFTC couldn't do anything to regulate swaps
because the Commodity Futures Modernization Act explicitly exempted
swaps from all government oversight. The Dodd-Frank Act reversed that
ill-advised policy by making swaps once again subject to federal
regulation and oversight. The Crapo amendment would have restored some
of those exemptions and done it in a way that is poorly designed, and
could have engendered years of litigation over what it meant.
In short, the Crapo amendment would have delayed important financial
reforms, reduced protections against taxpayer bailouts, and crippled
the abilities of our regulators to set the new rules of the road. To
me, the Crapo amendment had a pretty simple message: return to the
financial deregulation that preceded, and contributed to, the financial
crisis of the last few years.
I am of the opposite view. I think that the collapse of AIG, Bear
Stearns, Lehman Brothers, Merrill Lynch, Washington Mutual, and
countless other firms teach us a different lesson. The findings of the
bipartisan investigation conducted by the Permanent Subcommittee on
Investigations tell a different story. Our financial system needs a cop
back on the beat. I am glad that the Crapo amendment has been
withdrawn.
Mr. REID. Madam President, I hope everyone just listened to and
watched the exemplary way we are ridding ourselves of some of these
amendments. We have two more amendments and it would be great if we
didn't have to vote on those. I think the explanation given by the two
Senators is an indication that progress can be made even without a
vote.
I ask unanimous consent, since the amendment next in line is being
delayed, that we move to the Coburn amendment.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The Senator from Oklahoma.
Coburn Amendment No. 801
Mr. COBURN. Madam President, this is a straightforward amendment on a
program that fails 70 percent of the time. We spend $35 million a year.
It has an abject failure rate. Only 30 percent of it results in
anything positive happening; 70 percent of the time it does not. The
Obama administration and the Bush administration thought this program
should be canceled.
I reserve the remainder of my time.
The ACTING PRESIDENT pro tempore. The Senator from Maine.
Ms. COLLINS. Madam President, only $6 million is provided for this
program, but it makes a big difference for small rural communities that
are struggling to provide air service. Air service is so important to
jobs and economic development in these regions.
It is important to note that there is a requirement for State and
local participation in these programs, and that there is a high demand.
Nearly 300 communities across this country have benefited from this
program since its establishment. Senator Hutchison has offered to
tighten up the program to meet the concern of the Senator from
Oklahoma.
I urge my colleagues to reject the amendment. This is critical to
small rural communities.
The ACTING PRESIDENT pro tempore. The Senator from Oklahoma.
Mr. COBURN. Madam President, what the Senator from Maine just said is
that $4.2 million is going to be unsuccessful and $2.8 million might
be. The fact is that with a $1.3 trillion deficit and a $15 trillion
debt, we can't continue to do this no matter how great it sounds when
it fails 70 percent of the time.
I ask for the yeas and nays on my amendment.
The ACTING PRESIDENT pro tempore. Is there a sufficient second?
There appears to be a sufficient second.
The question is on agreeing to the amendment.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. KYL. The following Senators are necessarily absent: the Senator
from North Carolina (Mr. Burr) and the Senator from Arizona (Mr.
McCain).
The PRESIDING OFFICER (Mr. Tester). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 41, nays 57, as follows:
[Rollcall Vote No. 192 Leg.]
YEAS--41
Alexander
Ayotte
Barrasso
Bennet
Boozman
Brown (MA)
Carper
Chambliss
Coats
Coburn
Coons
Corker
Cornyn
Crapo
DeMint
Enzi
Graham
Grassley
Hatch
Heller
Inhofe
Isakson
Johanns
Johnson (WI)
Kyl
Lee
Lieberman
McCaskill
McConnell
Murkowski
Paul
Portman
Risch
Rubio
Sessions
Shaheen
Shelby
Thune
Toomey
Udall (CO)
Vitter
NAYS--57
Akaka
Baucus
Begich
Bingaman
Blumenthal
Blunt
Boxer
Brown (OH)
Cantwell
Cardin
Casey
Cochran
Collins
Conrad
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Hoeven
Hutchison
Inouye
Johnson (SD)
Kerry
Kirk
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lugar
Manchin
Menendez
Merkley
Mikulski
Moran
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Roberts
Rockefeller
Sanders
Schumer
Snowe
Stabenow
Tester
Udall (NM)
Warner
Webb
Whitehouse
Wicker
Wyden
NOT VOTING--2
Burr
McCain
The amendment (No. 701) was rejected.
The PRESIDING OFFICER. The Senator from Utah.
Mr. LEE. Mr. President, I have a motion to recommit at the desk.
The PRESIDING OFFICER. The motion is pending. The Senator has 1
minute.
Motion to Recommit
Mr. LEE. Mr. President, I filed this motion to recommit H.R. 2112
with instructions to send this ``moneybus'' back to the Committee on
Appropriations for one simple reason: it spends more for the same set
of expenditures in fiscal year 2012 than it did in 2011 to the tune of
about $10 billion.
I understand there are reasons for this excess. I understand when we
look at individual components of the 2012 provisions there may be some
cuts in there. But the overall picture, the entire pie, is about $10
billion more than what we had in fiscal year 2011.
Unless we can be open and transparent with the American people and
acknowledge the fact that we are, in fact, spending more, I think this
is a problem. We have to get the fiscal house in order, and this is how
it is perpetuated, when we claim we are cutting when we are, in fact,
spending more. That is the reason for this motion to recommit. I urge
my colleagues to support it.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. This motion to recommit purports to set discretionary
spending at fiscal year 2011 levels for these three bills. But this
motion is extremely misleading because increased mandatory spending
included in the three bills--they are not touching that.
Agriculture alone would see a $7 billion cut due to increases in
mandatory programs. If we include the emergency disaster relief, it
would force an additional cut of $3.2 billion. The measure before us is
within our 302(b) allocation scored by the CBO and the Senate Budget
Committee, and it meets every requirement of the Budget Control Act.
I strongly urge a ``no'' vote.
Mr. LEE. Mr. President, I ask for the yeas and nays.
[[Page S6937]]
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The question is on agreeing to the motion. The clerk will call the
roll.
The bill clerk called the roll.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 39, nays 60, as follows:
[Rollcall Vote No. 193 Leg.]
YEAS--39
Ayotte
Barrasso
Boozman
Burr
Chambliss
Coats
Coburn
Corker
Cornyn
Crapo
DeMint
Enzi
Graham
Grassley
Hatch
Heller
Hoeven
Inhofe
Isakson
Johanns
Johnson (WI)
Kirk
Kyl
Lee
Lugar
McConnell
Moran
Paul
Portman
Risch
Roberts
Rubio
Sessions
Shelby
Snowe
Thune
Toomey
Vitter
Wicker
NAYS--60
Akaka
Alexander
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Cochran
Collins
Conrad
Coons
Durbin
Feinstein
Franken
Gillibrand
Hagan
Harkin
Hutchison
Inouye
Johnson (SD)
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Manchin
McCaskill
Menendez
Merkley
Mikulski
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Rockefeller
Sanders
Schumer
Shaheen
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NOT VOTING--1
McCain
The motion was rejected.
Mr. KOHL. Mr. President, I move to reconsider the vote.
Mr. DURBIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 764
Mr. KOHL. Mr. President, I raise a point of order against the pending
DeMint amendment No. 764.
The PRESIDING OFFICER. The point of order is sustained. The Senator's
amendment falls.
Amendments Nos. 794, 795, 797, 799, and 833 to Amendment No. 738,
Withdrawn
The PRESIDING OFFICER. Under the previous order, the remaining Coburn
amendments are withdrawn.
Mrs. MURRAY. Mr. President, I am so pleased that we have completed
work on the transportation, housing and urban development
appropriations bill. This is an important bill that supports critical
transportation investments--it is a jobs bill. It also supports housing
and services for the Nation's most vulnerable.
This bill was difficult to put together, and there are cuts in here
that I would rather not see. But on the whole it is a good bill. I
thank all of my colleagues for all of the efforts and input on this
bill, and I look forward to working with the House to get a final bill
that we can send to the President.
I want to say a special thank-you to Senator Collins and her staff
for all of their hard work. Senator Collins has been a great partner.
And I thank my own staff as well for all their efforts.
The PRESIDING OFFICER. The question is on the engrossment of the
amendments and third reading of the bill.
The amendments were ordered to be engrossed and the bill to be read a
third time.
The bill was read a third time.
The PRESIDING OFFICER. The bill, having been read for the third time,
the question is, Shall the bill pass, as amended?
Mr. BROWN of Massachusetts. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Arizona (Mr. McCain).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 69, nays 30, as follows:
[Rollcall Vote No. 194 Leg.]
YEAS--69
Akaka
Alexander
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Cochran
Collins
Conrad
Coons
Durbin
Feinstein
Franken
Gillibrand
Graham
Hagan
Harkin
Hoeven
Hutchison
Inouye
Johanns
Johnson (SD)
Kerry
Kirk
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Manchin
McCaskill
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Roberts
Rockefeller
Sanders
Schumer
Shaheen
Shelby
Snowe
Stabenow
Tester
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--30
Ayotte
Barrasso
Boozman
Burr
Chambliss
Coats
Coburn
Corker
Cornyn
Crapo
DeMint
Enzi
Grassley
Hatch
Heller
Inhofe
Isakson
Johnson (WI)
Kyl
Lee
Lugar
McConnell
Paul
Portman
Risch
Rubio
Sessions
Thune
Toomey
Vitter
NOT VOTING--1
McCain
The bill (H.R. 2112), as amended, was passed, as follows:
H.R. 2112
Resolved, That the bill from the House of Representatives
(H.R. 2112) entitled ``An Act making appropriations for
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies programs for the fiscal year ending
September 30, 2012, and for other purposes.'', do pass with
the following amendments:
Strike out all after the enacting clause and insert the
following:
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2012, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Production, Processing and Marketing
Office of the Secretary
For necessary expenses of the Office of the Secretary of
Agriculture, $4,798,000: Provided, That not to exceed
$11,000 of this amount shall be available for official
reception and representation expenses, not otherwise provided
for, as determined by the Secretary.
Office of Tribal Relations
For necessary expenses of the Office of Tribal Relations,
$473,000, to support communication and consultation
activities with Federally Recognized Tribes, as well as other
requirements established by law.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $11,408,000.
national appeals division
For necessary expenses of the National Appeals Division,
$13,514,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $8,946,000.
office of homeland security and emergency coordination
For necessary expenses of the Office of Homeland Security
and Emergency Coordination, $1,421,000.
Office of Advocacy and Outreach
For necessary expenses of the Office of Advocacy and
Outreach, $1,351,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $36,031,000.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $5,935,000: Provided, That no funds made available
by this appropriation may be obligated for FAIR Act or
Circular A-76 activities until the Secretary has submitted to
the Committees on Appropriations of both Houses of Congress
and the Committee on Oversight and Government Reform of the
House of Representatives a report on the Department's
contracting out policies, including agency budgets for
contracting out.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $848,000.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$21,558,000.
Office of the Assistant Secretary for Administration
For necessary expenses of the Office of the Assistant
Secretary for Administration, $764,000.
Agriculture Buildings and Facilities and Rental Payments
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40
[[Page S6938]]
U.S.C. 486, for programs and activities of the Department
which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to
consolidate unneeded space into configurations suitable for
release to the Administrator of General Services, and for the
operation, maintenance, improvement, and repair of
Agriculture buildings and facilities, and for related costs,
$230,416,000, to remain available until expended, of which
$164,470,000 shall be available for payments to the General
Services Administration for rent; of which $13,800,000 for
payment to the Department of Homeland Security for building
security activities; and of which $52,146,000 for buildings
operations and maintenance expenses: Provided, That the
Secretary may use unobligated prior year balances of an
agency or office that are no longer available for new
obligation to cover shortfalls incurred in prior year rental
payments for such agency or office: Provided further, That
the Secretary is authorized to transfer funds from a
Departmental agency to this account to recover the full cost
of the space and security expenses of that agency that are
funded by this account when the actual costs exceed the
agency estimate which will be available for the activities
and payments described herein.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $3,792,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Departmental Administration
(including transfers of funds)
For Departmental Administration, $28,165,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and
necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be
reimbursed from applicable appropriations in this Act for
travel expenses incident to the holding of hearings as
required by 5 U.S.C. 551-558: Provided further, That
$8,000,000 of the amount made available by this heading shall
be transferred to carry out the program authorized under
section 14 of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1012).
Office of the Assistant Secretary for Congressional Relations
(including transfers of funds)
For necessary expenses of the Office of the Assistant
Secretary for Congressional Relations to carry out the
programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,676,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available by this
appropriation may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the
Committees on Appropriations of both Houses of Congress on
the allocation of these funds by USDA agency: Provided
further, That no other funds appropriated to the Department
by this Act shall be available to the Department for support
of activities of congressional relations.
Office of Communications
For necessary expenses of the Office of Communications,
$8,105,000.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $84,121,000, including such sums as may be necessary
for contracting and other arrangements with public agencies
and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $39,345,000.
Office of the Under Secretary for Research, Education and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education and Economics, $848,000.
Economic Research Service
For necessary expenses of the Economic Research Service,
$77,723,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $152,616,000, of which up to $41,639,000
shall be available until expended for the Census of
Agriculture.
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,094,647,000: Provided, That appropriations hereunder
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $375,000,
except for headhouses or greenhouses which shall each be
limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000
each, and the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current
replacement value of the building or $375,000, whichever is
greater: Provided further, That the limitations on
alterations contained in this Act shall not apply to
modernization or replacement of existing facilities at
Beltsville, Maryland: Provided further, That appropriations
hereunder shall be available for granting easements at the
Beltsville Agricultural Research Center: Provided further,
That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That funds may be
received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $709,825,000, as follows: to carry out
the provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$236,334,000; for grants for cooperative forestry research
(16 U.S.C. 582a through a-7), $32,934,000; for payments to
eligible institutions (7 U.S.C. 3222), $50,898,000, provided
that each institution receives no less than $1,000,000; for
special grants (7 U.S.C. 450i(c)), $4,181,000; for
competitive grants on improved pest control (7 U.S.C.
450i(c)), $15,830,000; for competitive grants (7 U.S.C.
450(i)(b)), $265,987,000, to remain available until expended;
for the support of animal health and disease programs (7
U.S.C. 3195), $2,944,000; for supplemental and alternative
crops and products (7 U.S.C. 3319d), $833,000; for grants for
research pursuant to the Critical Agricultural Materials Act
(7 U.S.C. 178 et seq.), $1,081,000, to remain available until
expended; for the 1994 research grants program for 1994
institutions pursuant to section 536 of Public Law 103-382 (7
U.S.C. 301 note), $1,801,000, to remain available until
expended; for rangeland research grants (7 U.S.C. 3333),
$961,000; for higher education graduate fellowship grants (7
U.S.C. 3152(b)(6)), $3,774,000, to remain available until
expended (7 U.S.C. 2209b); for a program pursuant to section
1415A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3151a), $4,790,000, to
remain available until expended; for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $5,530,000; for a
higher education multicultural scholars program (7 U.S.C.
3152(b)(5)), $1,239,000, to remain available until expended
(7 U.S.C. 2209b); for an education grants program for
Hispanic-serving Institutions (7 U.S.C. 3241), $9,219,000;
for competitive grants for the purpose of carrying out all
provisions of 7 U.S.C. 3156 to individual eligible
institutions or consortia of eligible institutions in Alaska
and in Hawaii, with funds awarded equally to each of the
States of Alaska and Hawaii, $3,194,000; for a secondary
agriculture education program and 2-year post-secondary
education, (7 U.S.C. 3152(j)), $981,000; for aquaculture
grants (7 U.S.C. 3322), $3,920,000; for sustainable
agriculture research and education (7 U.S.C. 5811),
$14,471,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to institutions eligible to receive funds
under 7 U.S.C. 3221 and 3222, $19,336,000, to remain
available until expended (7 U.S.C. 2209b); for capacity
building grants for non-land-grant colleges of agriculture (7
U.S.C. 3319i), $5,000,000, to remain available until
expended; for competitive grants for policy research (7
U.S.C. 3155), $4,000,000, which shall be obligated within 120
days of the enactment of this Act; for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-
382, $3,335,000; for resident instruction grants for insular
areas under section 1491 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3363), $898,000; for distance education grants for
insular areas under section 1490 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3362), $749,000; for a new era rural technology
program pursuant to section 1473E of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3319e), $856,000; for a competitive grants
program for farm business management and benchmarking (7
U.S.C. 5925f), $1,497,000; for a competitive grants program
regarding biobased energy (7 U.S.C. 8114), $2,246,000; and
for necessary expenses of Research and Education Activities,
$11,006,000, of which $2,645,000 for the Research, Education,
and Economics Information System and $2,089,000 for the
Electronic Grants Information System, are to remain available
until expended.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
[[Page S6939]]
Hispanic-Serving Agricultural Colleges and Universities Endowment Fund
For the Hispanic-Serving Agricultural Colleges and
Universities Endowment Fund under section 1456 (7 U.S.C.
3243) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977, $10,000,000, to remain available
until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $478,179,000, as follows:
payments for cooperative extension work under the Smith-Lever
Act, to be distributed under sections 3(b) and 3(c) of said
Act, and under section 208(c) of Public Law 93-471, for
retirement and employees' compensation costs for extension
agents, $295,800,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$4,312,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$67,934,000; payments for the pest management program under
section 3(d) of the Act, $9,918,000; payments for the farm
safety program under section 3(d) of the Act, $4,610,000;
payments for New Technologies for Ag Extension under section
3(d) of the Act, $1,660,000; payments to upgrade research,
extension, and teaching facilities at institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222, $19,730,000,
to remain available until expended; payments for youth-at-
risk programs under section 3(d) of the Smith-Lever Act,
$7,975,000; for youth farm safety education and certification
extension grants, to be awarded competitively under section
3(d) of the Act, $461,000; payments for carrying out the
provisions of the Renewable Resources Extension Act of 1978
(16 U.S.C. 1671 et seq.), $3,929,000; payments for the
federally recognized Tribes Extension Program under section
3(d) of the Smith-Lever Act, $3,039,000; payments for
sustainable agriculture programs under section 3(d) of the
Act, $4,696,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-
419 (7 U.S.C. 2662(i)), $1,735,000; payments for cooperative
extension work by eligible institutions (7 U.S.C. 3221),
$42,592,000, provided that each institution receives no less
than $1,000,000; payments to carry out the food animal
residue avoidance database program as authorized by 7 U.S.C.
7642, $1,000,000; payments to carry out section 1672(e)(49)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 5925), as amended, $400,000; and for necessary
expenses of Extension Activities, $8,388,000.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$25,948,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$17,964,000, including $8,982,000 for the water quality
program, $2,994,000 for regional pest management centers,
$1,996,000 for the methyl bromide transition program, and
$3,992,000 for the organic transition program; for a
competitive international science and education grants
program authorized under section 1459A of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3292b), to remain available until expended,
$998,000; $998,000 for the regional rural development centers
program; and $5,988,000 for the Food and Agriculture Defense
Initiative authorized under section 1484 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977, to remain available until September 30, 2013.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $848,000.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $820,110,000,
of which $1,000,000, to be available until expended, shall be
available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $17,848,000, to remain
available until expended, shall be used for the cotton pests
program for cost share purposes or for debt retirement for
active eradication zones; of which $7,000,000, to remain
available until expended, shall be for Animal Disease
Traceability; of which $891,000 shall be for activities under
the authority of the Horse Protection Act of 1970, as amended
(15 U.S.C. 1831); of which $48,733,000, to remain available
until expended, shall be used to support avian health; of
which $4,474,000, to remain available until expended, shall
be for information technology infrastructure; of which
$153,950,000, to remain available until expended, shall be
for specialty crop pests; of which $9,068,000, to remain
available until expended, shall be for field crop and
rangeland ecosystem pests; of which $58,962,000, to remain
available until expended, shall be for tree and wood pests;
of which $3,568,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up
to $1,500,000, to remain available until expended, shall be
for the scrapie program for indemnities; of which $1,000,000,
to remain available until expended, shall be for wildlife
services methods development; of which $1,500,000, to remain
available until expended, shall be for the wildlife services
damage management program for aviation safety; and of which
$5,000,000, to remain available until expended, shall be for
the screwworm program: Provided further, That no funds shall
be used to formulate or administer a brucellosis eradication
program for the current fiscal year that does not require
minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available
for the operation and maintenance of aircraft and the
purchase of not to exceed four, of which two shall be for
replacement only: Provided further, That, in addition, in
emergencies which threaten any segment of the agricultural
production industry of this country, the Secretary may
transfer from other appropriations or funds available to the
agencies or corporations of the Department such sums as may
be deemed necessary, to be available only in such emergencies
for the arrest and eradication of contagious or infectious
disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the
Animal Health Protection Act (7 U.S.C. 8310 and 8316) and
sections 431 and 442 of the Plant Protection Act (7 U.S.C.
7751 and 7772), and any unexpended balances of funds
transferred for such emergency purposes in the preceding
fiscal year shall be merged with such transferred amounts:
Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless
otherwise provided the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
In fiscal year 2012, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $3,176,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $82,211,000: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value
of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $62,101,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of August 8, 1956; (2) transfers otherwise provided in
this Act; and (3) not more than $20,056,000 for formulation
and administration of marketing agreements and orders
pursuant to the Agricultural Marketing Agreement Act of 1937
and the Agricultural Act of 1961.
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,198,000.
Grain Inspection, Packers and Stockyards Administration
salaries and expenses
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $38,248,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Limitation on Inspection and Weighing Services Expenses
Not to exceed $50,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $770,000.
[[Page S6940]]
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $50,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,006,503,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2012 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act: Provided further, That the Food Safety and Inspection
Service shall continue implementation of section 11016 of
Public Law 110-246: Provided further, That this
appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the
current replacement value of the building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services, $848,000.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,181,781,000: Provided, That the Secretary is authorized
to use the services, facilities, and authorities (but not the
funds) of the Commodity Credit Corporation to make program
payments for all programs administered by the Agency:
Provided further, That other funds made available to the
Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made
available to county committees shall remain available until
expended.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,759,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $3,817,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), boll weevil loans (7
U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et
seq.), and Indian highly fractionated land loans (25 U.S.C.
488), to be available from funds in the Agricultural Credit
Insurance Fund, as follows: farm ownership loans,
$1,975,000,000, of which $1,500,000,000 shall be for
unsubsidized guaranteed loans and $475,000,000 shall be for
direct loans; operating loans, $2,519,982,000, of which
$1,500,000,000 shall be for unsubsidized guaranteed loans,
and $1,019,982,000 shall be for direct loans; Indian tribe
land acquisition loans, $2,000,000; guaranteed conservation
loans, $150,000,000; Indian highly fractionated land loans,
$10,000,000; and for boll weevil eradication program loans,
$100,000,000: Provided, That the Secretary shall deem the
pink bollworm to be a boll weevil for the purpose of boll
weevil eradication program loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: direct farm
ownership loans, $22,800,000; operating loans, $83,525,000,
of which $26,100,000 shall be for unsubsidized guaranteed
loans, and $57,425,000 shall be for direct loans; and Indian
highly fractionated land loans, $193,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $297,237,000, of
which $289,728,000 shall be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Fund Program Account for farm ownership, operating
and conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
For necessary expenses of the Risk Management Agency,
$74,900,000: Provided, That the funds made available under
section 522(e) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)) may be used for the Common Information Management
System: Provided further, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $848,000.
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $828,159,000, to remain available
until September 30, 2013: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary expenses of the Office of the Under Secretary
for Rural Development, $848,000.
Rural Development Salaries and Expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development
mission area, including activities with institutions
concerning the development and operation of agricultural
cooperatives; and for cooperative agreements; $182,023,000:
Provided, That notwithstanding any other provision of law,
funds appropriated under this section may be used for
advertising and promotional activities that support the Rural
Development mission area: Provided further, That not more
than $5,000 may be expended to provide modest nonmonetary
awards to non-USDA employees: Provided further, That any
balances available from prior years for the Rural Utilities
Service, Rural Housing Service, and the Rural Business--
Cooperative Service salaries and expenses accounts shall be
transferred to and merged with this appropriation.
[[Page S6941]]
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $24,900,000,000 for loans to
section 502 borrowers, of which $900,000,000 shall be for
direct loans, and of which $24,000,000,000 shall be for
unsubsidized guaranteed loans; $10,000,000 for section 504
housing repair loans; $64,478,000 for section 515 rental
housing; $130,000,000 for section 538 guaranteed multi-family
housing loans; $10,000,000 for credit sales of single family
housing acquired property; and $5,000,000 for section 523
self-help housing land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $42,570,000 shall be for direct loans; section 504
housing repair loans, $1,421,000; and repair, rehabilitation,
and new construction of section 515 rental housing,
$22,000,000: Provided, That hereafter, the Secretary may
charge a guarantee fee of up to 4 percent on section 502
guaranteed loans: Provided further, That to support the loan
program level for section 538 guaranteed loans made available
under this heading the Secretary may charge or adjust any
fees to cover the projected cost of such loan guarantees
pursuant to the provisions of the Credit Reform Act of 1990
(2 U.S.C. 661 et seq.), and the interest on such loans may
not be subsidized: Provided further, That of the total
amount appropriated in this paragraph, the amount equal to
the amount of Rural Housing Insurance Fund Program Account
funds allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2011, shall be
available through June 30, 2012, for communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones: Provided further, That any balances for a
demonstration program for the preservation and revitalization
of the section 515 multi-family rental housing properties as
authorized by Public Law 109-97, Public Law 110-5, and Public
Law 111-80 shall be transferred to and merged with the
``Rural Housing Service, Multi-family Housing Revitalization
Program Account''.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by 42 U.S.C. 1484 and 1486,
$16,000,000, to remain available until expended, for direct
farm labor housing loans and domestic farm labor housing
grants and contracts: Provided, That any balances available
for the Farm Labor Program Account shall be transferred and
merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $430,800,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or
agreements entered into in lieu of debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Housing Act of 1949, $904,653,000; and,
in addition, such sums as may be necessary, as authorized by
section 521(c) of the Act, to liquidate debt incurred prior
to fiscal year 1992 to carry out the rental assistance
program under section 521(a)(2) of the Act: Provided, That
of this amount not less than $2,000,000 is available for
newly constructed units financed by section 515 of the
Housing Act of 1949, and not less than $2,000,000 is for
newly constructed units financed under sections 514 and 516
of the Housing Act of 1949: Provided further, That rental
assistance agreements entered into or renewed during the
current fiscal year shall be funded for a 1-year period:
Provided further, That any unexpended balances remaining at
the end of such 1-year agreements may be transferred and used
for the purposes of any debt reduction; maintenance, repair,
or rehabilitation of any existing projects; preservation; and
rental assistance activities authorized under title V of the
Act: Provided further, That rental assistance provided under
agreements entered into prior to fiscal year 2012 for a farm
labor multi-family housing project financed under section 514
or 516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multifamily
housing project financed under section 514 or 516 of the Act.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $13,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $11,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of
such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary
shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $2,000,000 shall be
available for a demonstration program for the preservation
and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns
on investment) required by the Secretary: Provided further,
That the Secretary shall as part of the preservation and
revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional
funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further,
That if Congress enacts legislation to permanently authorize
a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the
Secretary may use funds made available for the demonstration
program under this heading to carry out such legislation with
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That in addition
to any other available funds, the Secretary may expend not
more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to
remain available until expended: Provided, That of the total
amount appropriated under this heading, the amount equal to
the amount of Mutual and Self- Help Housing Grants allocated
by the Secretary for Rural Economic Area Partnership Zones
for the fiscal year 2011, shall be available through June 30,
2012, for communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones.
rural housing assistance grants
(including transfer of funds)
For grants and contracts for very low-income housing
repair, supervisory and technical assistance, compensation
for construction defects, and rural housing preservation made
by the Rural Housing Service, as authorized by 42 U.S.C.
1474, 1479(c), 1490e, and 1490m, $34,271,000, to remain
available until expended: Provided, That of the total amount
appropriated under this heading, the amount equal to the
amount of Rural Housing Assistance Grants allocated by the
Secretary for Rural Economic Area Partnership Zones for the
fiscal year 2011, shall be available through June 30, 2012,
for communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones: Provided further,
That any balances to carry out a housing demonstration
program to provide revolving loans for the preservation of
low-income multi-family housing projects as authorized in
Public Law 108-447 and Public Law 109-97 shall be transferred
to and merged with the ``Rural Housing Service, Multi-family
Housing Revitalization Program Account''.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
loans as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development
Act, $1,300,000,000.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $26,274,000, to remain available until
expended: Provided, That $4,242,000 of the amount
appropriated under this heading shall be available for a
Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $5,938,000 of the
[[Page S6942]]
amount appropriated under this heading shall be to provide
grants for facilities in rural communities with extreme
unemployment and severe economic depression (Public Law 106-
387), with up to 5 percent for administration and capacity
building in the State rural development offices: Provided
further, That $3,369,000 of the amount appropriated under
this heading shall be available for community facilities
grants to tribal colleges, as authorized by section
306(a)(19) of such Act: Provided further, That of the amount
appropriated under this heading, the amount equal to the
amount of Rural Community Facilities Program Account funds
allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2011, shall be
available through June 30, 2012, for communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones for the rural community programs described
in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That sections 381E-H and
381N of the Consolidated Farm and Rural Development Act are
not applicable to the funds made available under this
heading: Provided further, That any prior balances in the
Rural Development, Rural Community Advancement Program
account for programs authorized by section 306 and described
in section 381E(d)(1) of such Act be transferred and merged
with this account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by sections 306 and
310B and described in sections 310B(f) and 381E(d)(3) of the
Consolidated Farm and Rural Development Act, $79,665,000, to
remain available until expended: Provided, That of the
amount appropriated under this heading, not to exceed
$475,000 shall be made available for a grant to a qualified
national organization to provide technical assistance for
rural transportation in order to promote economic development
and $2,900,000 shall be for grants to the Delta Regional
Authority (7 U.S.C. 2009aa et seq.) for any Rural Community
Advancement Program purpose as described in section 381E(d)
of the Consolidated Farm and Rural Development Act, of which
not more than 5 percent may be used for administrative
expenses: Provided further, That $4,000,000 of the amount
appropriated under this heading shall be for business grants
to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That of the amount appropriated under this
heading, the amount equal to the amount of Rural Business
Program Account funds allocated by the Secretary for Rural
Economic Area Partnership Zones for the fiscal year 2011,
shall be available through June 30, 2012, for communities
designated by the Secretary of Agriculture as Rural Economic
Area Partnership Zones for the rural business and cooperative
development programs described in section 381E(d)(3) of the
Consolidated Farm and Rural Development Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to funds
made available under this heading: Provided further, That
any prior balances in the Rural Development, Rural Community
Advancement Program account for programs authorized by
sections 306 and 310B and described in sections 310B(f) and
381E(d)(3) of such Act be transferred and merged with this
account and any other prior balances from the Rural
Development, Rural Community Advancement Program account that
the Secretary determines is appropriate to transfer.
rural development loan fund program account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Rural Development Loan Fund (42 U.S.C. 9812(a)),
$20,661,000. For the cost of direct loans, $7,000,000, as
authorized by the Rural Development Loan Fund (42 U.S.C.
9812(a)), of which $1,000,000 shall be available through June
30, 2012, for Federally Recognized Native American Tribes and
of which $2,000,000 shall be available through June 30, 2012,
for Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That of the total amount
appropriated under this heading, the amount equal to the
amount of Rural Development Loan Fund Program Account funds
allocated by the Secretary for Rural Economic Area
Partnership Zones for the fiscal year 2011, shall be
available through June 30, 2012, for communities designated
by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.
In addition, for administrative expenses to carry out the
direct loan programs, $4,684,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
(including rescission of funds)
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $33,077,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural
Electrification Act of 1936, $155,000,000 shall not be
obligated and $155,000,000 are rescinded.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $27,915,000, of which
$2,250,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $2,938,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $16,005,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1621 note).
rural energy for america program
For the cost of a program of loan guarantees and grants,
under the same terms and conditions as authorized by section
9007 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107), $4,500,000: Provided, That the cost of loan
guarantees, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $509,295,000, to remain
available until expended, of which not to exceed $422,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $844,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided,
That $67,200,000 of the amount appropriated under this
heading shall be for loans and grants including water and
waste disposal systems grants authorized by 306C(a)(2)(B) and
306D of the Consolidated Farm and Rural Development Act,
Federally recognized Native American Tribes authorized by
306C(a)(1), and the Department of Hawaiian Home Lands (of the
State of Hawaii): Provided further, That funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83: Provided
further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided
further, That not to exceed $19,000,000 of the amount
appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant
to section 306(a)(14) of such Act, unless the Secretary makes
a determination of extreme need, of which $5,750,000 shall be
made available for a grant to a qualified non-profit multi-
state regional technical assistance organization, with
experience in working with small communities on water and
waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be
for a qualified national Native American organization to
provide technical assistance for rural water systems for
tribal communities: Provided further, That not to exceed
$15,000,000 of the amount appropriated under this heading
shall be for contracting with qualified national
organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That of the amount appropriated under this heading,
the amount equal to the amount of Rural Water and Waste
Disposal Program Account funds allocated by the Secretary for
Rural Economic Area Partnership Zones for the fiscal year
2011, shall be available through June 30, 2012, for
communities designated by the Secretary of Agriculture as
Rural Economic Area Partnership Zones for the rural utilities
programs described in section 381E(d)(2) of the Consolidated
Farm and Rural Development Act: Provided further, That
$10,000,000 of the amount appropriated under this heading
shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act
of 1936 (7 U.S.C. 918a): Provided further, That any prior
year balances for high cost energy grants authorized by
section 19 of the Rural Electrification Act of 1936 (7 U.S.C.
918a) shall be transferred to and merged with the Rural
Utilities Service, High Energy Costs Grants Account:
Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not
applicable to the funds made available under this heading:
Provided further, That any prior balances in the Rural
Development, Rural Community Advancement Program account
programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B and described in sections 306C(a)(2), 306D, 306E,
and 381E(d)(2) of such Act be transferred to and
[[Page S6943]]
merged with this account and any other prior balances from
the Rural Development, Rural Community Advancement Program
account that the Secretary determines is appropriate to
transfer.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be
made as follows: 5 percent rural electrification loans,
$100,000,000; loans made pursuant to section 306 of that Act,
rural electric, $6,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $424,286,000; 5 percent rural
telecommunications loans, $145,000,000; cost of money rural
telecommunications loans, $250,000,000; and for loans made
pursuant to section 306 of that Act, rural telecommunications
loans, $295,000,000: Provided, That up to $2,000,000,000 may
be used for the construction, acquisition, or improvement of
fossil-fueled electric generating plants (whether new or
existing) that utilize carbon sequestration systems.
For the cost of guaranteed loans, including the cost of
modifying lo ans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: $594,000 for
guaranteed underwriting loans authorized by section 313A of
the Rural Electrification Act of 1936 (7 U.S.C. 940c-1).
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $36,382,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $282,686,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$28,570,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That $3,000,000 shall be made available to
those noncommercial educational television broadcast stations
that serve rural areas and are qualified for Community
Service Grants by the Corporation for Public Broadcasting
under section 396(k) of the Communications Act of 1934,
including associated translators and repeaters, regardless of
the location of their main transmitter, studio-to-transmitter
links, and equipment to allow local control over digital
content and programming through the use of high definition
broadcast, multi-casting and datacasting technologies.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $8,000,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $10,372,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition and Consumer Services, $770,000.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $18,151,176,000, to
remain available through September 30, 2013, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That the total amount available,
$1,000,000 shall be available to implement section 23 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq):
Provided further, That section 14222(b)(1) of the Food,
Conservation, and Energy Act of 2008 is amended by adding at
the end before the period, ``except section 21, and the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except
sections 17 and 21''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,582,497,000, to remain available through September 30,
2013: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), of
the amounts made available under this heading, not less than
$60,000,000 shall be used for breast-feeding peer counselors
and other related activities: Provided further, That funds
made available for the purposes specified in section
17(h)(10)(B) shall only be made available upon a
determination by the Secretary that funds are available to
meet caseload requirements: Provided further, That none of
the funds provided in this account shall be available for the
purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $80,402,722,000, of
which $3,000,000,000, to remain available through September
30, 2013, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $1,000,000 may be
used to provide nutrition education services to state
agencies and Federally recognized tribes participating in the
Food Distribution Program on Indian Reservations: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available until expended, notwithstanding section 16(h)(1) of
the Food and Nutrition Act of 2008: Provided further, That
funds made available under this heading may be used to enter
into contracts and employ staff to conduct studies,
evaluations, or to conduct activities related to program
integrity provided that such activities are authorized by the
Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$242,336,000, to remain available through September 30, 2013:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2011 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2013: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 10 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $140,130,000: Provided, That $2,000,000
shall be used for the purposes of section 4404 of Public Law
107-171, as amended by section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $158,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $176,347,000:
Provided, That the Service may utilize advances of funds, or
reimburse this appropriation for expenditures made on behalf
of Federal agencies, public and private organizations and
institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United
States Agency for International Development: Provided
further, That funds made available for middle-income country
training programs and up to $2,000,000 of the Foreign
Agricultural Service appropriation solely for the purpose of
offsetting fluctuations in international currency exchange
rates, subject to documentation by the Foreign Agricultural
Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfers of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $2,666,000, shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'': Provided, That
funds made available for the cost of agreements under title I
of the Agricultural Trade Development and Assistance Act of
1954 and for title I ocean freight differential may be used
interchangeably between the two accounts with prior notice to
the Committees on Appropriations of both Houses of Congress.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480, as amended), for commodities supplied in connection
with dispositions abroad under title II of said Act,
$1,562,000,000, to remain available until expended.
mc govern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $188,000,000, to remain available
until expended:
[[Page S6944]]
Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and
authorities for the purpose of implementing such section,
subject to reimbursement from amounts provided herein.
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and
GSM 103, $6,465,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,129,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $336,000 shall
be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $3,859,402,000: Provided,
That of the amount provided under this heading, $702,172,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h shall be credited to this account and
remain available until expended, and shall not include any
fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for
fiscal year 2013 but collected in fiscal year 2012;
$57,605,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; $21,768,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j, and shall be credited to this account and remain
available until expended; $5,706,000 shall be derived from
animal generic drug user fees authorized by 21 U.S.C. 379f,
and shall be credited to this account and shall remain
available until expended; $477,000,000 shall be derived from
tobacco product user fees authorized by 21 U.S.C. 387s and
shall be credited to this account and remain available until
expended; $12,364,000 shall be derived from food and feed
recall fees authorized by section 743 of the Federal Food,
Drug, and Cosmetic Act (Public Law 75-717), as amended by the
Food Safety Modernization Act (Public Law 111-353), and shall
be credited to this account and remain available until
expended; $14,700,000 shall be derived from food reinspection
fees authorized by section 743 of the Federal Food, Drug, and
Cosmetic Act (Public Law 75-717), as amended by the Food
Safety Modernization Act (Public Law 111-353), and shall be
credited to this account and remain available until expended;
and $71,066,000 shall be derived from voluntary qualified
importer program fees authorized by section 743 of the
Federal Food, Drug, and Cosmetic Act (Public Law 75-717), as
amended by the Food Safety Modernization Act (Public Law 111-
353), and shall be credited to this account and remain
available until expended: Provided further, That in addition
and notwithstanding any other provision under this heading,
amounts collected for prescription drug user fees that exceed
the fiscal year 2012 limitation are appropriated and shall be
credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug,
medical device, animal drug, animal generic drug, and tobacco
product assessments for fiscal year 2012 received during
fiscal year 2012, including any such fees assessed prior to
fiscal year 2012 but credited for fiscal year 2012, shall be
subject to the fiscal year 2012 limitations: Provided
further, That none of these funds shall be used to develop,
establish, or operate any program of user fees authorized by
31 U.S.C. 9701: Provided further, That of the total amount
appropriated: (1) $944,979,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$978,205,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs, of which no less than $52,947,000 shall
be available for the Office of Generic Drugs; (3)
$328,886,000 shall be for the Center for Biologics Evaluation
and Research and for related field activities in the Office
of Regulatory Affairs; (4) $166,365,000 shall be for the
Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5)
$356,659,000 shall be for the Center for Devices and
Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $60,039,000 shall be for
the National Center for Toxicological Research; (7)
$454,751,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $133,879,000 shall be for Rent and
Related activities, of which $43,981,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
$209,392,000 shall be for payments to the General Services
Administration for rent; and (10) $226,247,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Foods, the Office of Medical
and Tobacco Products, the Office of Global and Regulatory
Policy, the Office of Operations, the Office of the Chief
Scientist, and central services for these offices: Provided
further, That not to exceed $25,000 of this amount shall be
for official reception and representation expenses, not
otherwise provided for, as determined by the Commissioner:
Provided further, That funds be may transferred from one
specified activity to another with the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That not later than 90 days after the date
of enactment of this Act, the Secretary of Health and Human
Services shall submit to Congress a report that discloses,
with respect to all drugs, devices, and biological products
approved, cleared, or licensed under the Federal Food, Drug,
and Cosmetic Act or the Public Health Service Act during
calendar year 2011, including such drugs, devices, and
biological products so approved, cleared, or licensed using
funds made available under this Act: (1) the average number
of calendar days that elapsed from the date that drug
applications (including any supplements) were submitted to
such Secretary under section 505 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355) until the date that the
drugs were approved under such section 505; (2) the average
number of calendar days that elapsed from the date that
applications for device clearance (including any supplements)
under section 510(k) of such Act (21 U.S.C. 360(k)) or for
premarket approval (including any supplements) under section
515 of such Act (21 U.S.C. 360e) were submitted to such
Secretary until the date that the devices were cleared under
such section 510(k) or approved under such section 515; and
(3) the average number of calendar days that elapsed from the
date that biological license applications (including any
supplements) were submitted to such Secretary under section
351 of the Public Health Service Act (42 U.S.C. 262) until
the date that the biological products were licensed under
such section 351.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, and priority review user fees authorized by 21 U.S.C.
360n may be credited to this account, to remain available
until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of
or used by the Food and Drug Administration, where not
otherwise provided, $8,982,000, to remain available until
expended.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $62,000,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 204 passenger
motor vehicles, of which 170 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary
balances of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital
equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture: Provided, That none of the funds made available
by this Act or any other Act shall be transferred to the
Working Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 711 of this Act: Provided further, That of annual
income amounts in the Working Capital Fund of the Department
of Agriculture allocated for the National Finance Center, the
Secretary may reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement and implementation of a
financial management plan, information technology, and other
systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of the House of Representatives
[[Page S6945]]
and the Senate: Provided further, That the limitation on the
obligation of funds pending notification to Congressional
Committees shall not apply to any obligation that, as
determined by the Secretary, is necessary to respond to a
declared state of emergency that significantly impacts the
operations of the National Finance Center; or to evacuate
employees of the National Finance Center to a safe haven to
continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. Hereafter, none of the funds appropriated by
this Act may be used to carry out section 410 of the Federal
Meat Inspection Act (21 U.S.C. 679a) or section 30 of the
Poultry Products Inspection Act (21 U.S.C. 471).
Sec. 707. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects over $25,000 prior to receipt of written approval by
the Chief Information Officer.
Sec. 708. Funds made available under section 1240I and
section 1241(a) of the Food Security Act of 1985 and section
524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b))
in the current fiscal year shall remain available until
expended to disburse obligations made in the current fiscal
year.
Sec. 709. Hereafter, notwithstanding any other provision
of law, any former RUS borrower that has repaid or prepaid an
insured, direct or guaranteed loan under the Rural
Electrification Act, or any not-for-profit utility that is
eligible to receive an insured or direct loan under such Act,
shall be eligible for assistance under section 313(b)(2)(B)
of such Act in the same manner as a borrower under such Act.
Sec. 710. Notwithstanding any other provision of law, for
the purposes of a grant under section 412 of the Agricultural
Research, Extension, and Education Reform Act of 1998, none
of the funds in this or any other Act may be used to prohibit
the provision of in-kind support from non-Federal sources
under section 412(e)(3) in the form of unrecovered indirect
costs not otherwise charged against the grant, consistent
with the indirect rate of cost approved for a recipient.
Sec. 711. Except as otherwise specifically provided by
law, unobligated balances remaining available at the end of
the fiscal year from appropriations made available for
salaries and expenses in this Act for the Farm Service Agency
and the Rural Development mission area, shall remain
available through September 30, 2013, for information
technology expenses.
Sec. 712. The Secretary of Agriculture may authorize a
State agency to use funds provided in this Act to exceed the
maximum amount of liquid infant formula specified in 7 C.F.R.
246.10 when issuing liquid infant formula to participants.
Sec. 713. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 30 days unless the individual's
employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the
employee for the period of assignment.
Sec. 714. In the case of each program established or
amended by the Food, Conservation, and Energy Act of 2008
(Public Law 110-246), other than by title I or subtitle A of
title III of such Act, or programs for which indefinite
amounts were provided in that Act that is authorized or
required to be carried out using funds of the Commodity
Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 715. Funds provided by this Act may be used
notwithstanding the requirements of 7 U.S.C. 1736f(e)(1).
Sec. 716. None of the funds made available by this or any
other Act may be used to close or relocate a Rural
Development office unless or until the Secretary of
Agriculture determines the cost effectiveness and/or
enhancement of program delivery or that the closing or
relocation would result in cost savings: Provided, That not
later than 120 days before the date of the proposed closure
or relocation, the Secretary notifies in writing the
Committees on Appropriation of the House and Senate, and the
members of Congress from the State in which the office is
located of the proposed closure or relocation and provides a
report that describes the justifications for such closures
and relocations.
Sec. 717. Appropriations to the Department of Agriculture
made available in fiscal years 2005, 2006, and 2007 to carry
out section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb) for the cost of direct loans shall remain
available until expended to disburse valid obligations.
Sec. 718. None of the funds made available in fiscal year
2012 or preceding fiscal years for programs authorized under
the Food for Peace Act (7 U.S.C. 1691 et seq.) in excess of
$20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under
section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust
Act (7 U.S.C. 1736f-1): Provided, That any such funds made
available to reimburse the Commodity Credit Corporation shall
only be used pursuant to section 302(b)(2)(B)(i) of the Bill
Emerson Humanitarian Trust Act.
Sec. 719. Of the funds made available by this Act, not
more than $1,800,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 720. Notwithstanding any other provision of law,
school food authorities which received a grant for equipment
assistance under the grant program carried out pursuant to
the heading ``Food and Nutrition Service Child Nutrition
Programs'' in title I of division A of the American Recovery
and Reinvestment Act of 2009 (Public Law 111-5) shall be
eligible to receive a grant under section 749 (j) of the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2010 (Public Law
111-80).
Sec. 721. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110-246.
Sec. 722. There is hereby appropriated $600,000 to the
Farm Service Agency to carry out a pilot program to
demonstrate the use of new technologies that increase the
rate of growth of re-forested hardwood trees on private non-
industrial forests lands, enrolling lands on the coast of the
Gulf of Mexico that were damaged by Hurricane Katrina in
2005.
Sec. 723. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds, or in the case of the Department of
Agriculture, through use of the authority provided by section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C.
2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the
Secretary of Agriculture or the Secretary of Health and Human
Services (as the case may be) notifies, in writing, the
Committees on Appropriations of both Houses of Congress at
least 30 days in advance of the reprogramming of such funds
or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in
excess of $500,000 or 10 percent, whichever is less, that:
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies, in
writing, the Committees on Appropriations of both Houses of
Congress at least 30 days in advance of the reprogramming of
such funds or the use of such authority.
[[Page S6946]]
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing the Committees on
Appropriations of both Houses of Congress before implementing
any program or activity not carried out during the previous
fiscal year unless the program or activity is funded by this
Act or specifically funded by any other Act.
(d) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives in writing
from the Committee on Appropriations of both Houses of
Congress confirmation of receipt of the notification required
in this section.
Sec. 724. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's Budget submission to the Congress of
the United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from
the previous year due to user fees proposals that have not
been enacted into law prior to the submission of the Budget
unless such Budget submission identifies which additional
spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening
of a committee of conference for the fiscal year 2013
appropriations Act.
Sec. 725. The Secretary may reserve, through April 1,
2012, up to 5 percent of the funding available for the
following items for projects in areas that are engaged in
strategic regional development planning as defined by the
Secretary: business and industry guaranteed loans; rural
development loan fund; rural business enterprise grants;
rural business opportunity grants; rural economic development
program; rural microenterprise program; biorefinery
assistance program; rural energy for America program; value-
added producer grants; broadband program; water and waste
program; and rural community facilities program.
Sec. 726. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to carry out the
following:
(1) The Conservation Stewardship Program authorized by
sections 1238D-1238G of the Food Security of Act 1985 (16
U.S.C. 3838d-3838g) in excess of $809,000,000;
(2) The Watershed Rehabilitation program authorized by
section 14(h) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h));
(3) The Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa-3839aa-8) in excess of $1,400,000,000:
Provided, That up to $20,000,000 of the funds made available
for the Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security Act of
1985 (16 U.S.C. 3839aa-3839aa(8)) may be transferred to a
program as authorized by 16 U.S.C. 1301-1311 to enroll
agricultural lands that experienced significant flooding, as
determined by the Secretary, in calendar year 2011: Provided
further, That no more than $10,000,000 may be used for
agreements entered into with owners or operators in any one
State;
(4) The Farmland Protection Program as authorized by
section 1238I of the Food Security Act of 1985 (16 U.S.C.
3838i) in excess of $150,000,000;
(5) The Grassland Reserve Program as authorized by sections
1238O-1238Q of the Food Security Act of 1985 (16 U.S.C.
3838o-3838q) in excess of 140,907 acres in fiscal year 2012;
(6) The Wetlands Reserve Program authorized by sections
1237-1237F of the Food Security Act of 1985 (16 U.S.C. 3837-
3837f) to enroll in excess of 185,800 acres in fiscal year
2012;
(7) The Wildlife Habitat Incentives Act authorized by
section 1240N of the Food Security Act of 1985 (16 U.S.C.
3839bb-1)) in excess of $50,000,000;
(8) The Voluntary Public Access and Habitat Incentives
Program authorized by section 1240R of the Food Security Act
of 1985 (16 U.S.C. 3839bb-5);
(9) The Bioenergy Program for Advanced Biofuels authorized
by section 9005 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8105) in excess of $75,000,000;
(10) The Rural Energy for America Program authorized by
section 9007 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8107) in excess of $34,000,000;
(11) Section 508(d)(3) of the Federal Crop Insurance Act (7
U.S.C. 1508(d)(3)) to provide a performance-based premium
discount in the crop insurance program;
(12) Agricultural Management Assistance Program as
authorized by section 524 of the Federal Crop Insurance Act,
as amended (7 U.S.C. 1524) in excess of $2,500,000 for the
Natural Resources Conservation Service; and
(13) A program under subsection (b)(2)(A)(iv) of section
14222 of Public Law 110-246 in excess of $948,000,000, as
follows: Child Nutrition Programs Entitlement Commodities--
$465,000,000; State Option Contracts--$5,000,000; Removal of
Defective Commodities--$2,500,000: Provided, That none of
the funds made available in this Act or any other Act shall
be used for salaries and expenses to carry out section
19(i)(1)(E) of the Richard B. Russell National School Lunch
Act as amended by section 4304 of Public Law 110-246 in
excess of $20,000,000, including the transfer of funds under
subsection (c) of section 14222 of Public Law 110-246, until
October 1, 2012: Provided further, That $133,000,000 made
available on October 1, 2012, to carry out section
19(i)(1)(E) of the Richard B. Russell National School Lunch
Act as amended by section 4304 of Public Law 110-246 shall be
excluded from the limitation described in subsection
(b)(2)(A)(v) of section 14222 of Public Law 110-246:
Provided further, That none of the funds appropriated or
otherwise made available by this or any other Act shall be
used to pay the salaries or expenses of any employee of the
Department of Agriculture or officer of the Commodity Credit
Corporation to carry out clause 3 of section 32 of the
Agricultural Adjustment Act of 1935 (Public Law 74-320, 7
U.S.C. 612c, as amended), or for any surplus removal
activities or price support activities under section 5 of the
Commodity Credit Corporation Charter Act: Provided further,
That of the available unobligated balances under
(b)(2)(A)(iv) of section 14222 of Public Law 110-246,
$150,000,000 are hereby rescinded.
Sec. 727. Hereafter, notwithstanding section 310B(g)(5) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 728. None of the funds appropriated or otherwise made
available to the Department of Agriculture or the Food and
Drug Administration shall be used to transmit or otherwise
make available to any non-Department of Agriculture or non-
Department of Health and Human Services employee questions or
responses to questions that are a result of information
requested for the appropriations hearing process.
Sec. 729. (a) Clause (ii) of section 524(b)(4)(B) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is
amended--
(1) in the heading, by striking ``fiscal years 2008 through
2012'' and inserting ``certain fiscal years''; and
(2) in the text, by striking ``2012'' and inserting
``2014''.
(b) Section 1238E(a) of the Food Security Act of 1985 (16
U.S.C. 3838e(a)) is amended by striking ``2012'' and
inserting ``2014''.
(c) Section 1240B(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(a)) is amended by striking ``2012'' and
inserting ``2014''.
(d) Section 1241(a)(6)(E) of the Food Security Act of 1985
(16 U.S.C. 3841(a)(6)(E)) is amended by striking ``fiscal
year 2012'' and inserting ``each of fiscal years 2012 through
2014''.
(e) Section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``2012,'' and inserting ``2012 (and fiscal year 2014 in the
case of the programs specified in paragraphs (3)(B), (4),
(6), and (7)),''; and
(2) in paragraph (4)(E), by striking ``fiscal year 2012''
and inserting ``each of fiscal years 2012 through 2014''.
(f) Section 1241(a)(7)(D) of the Food Security Act of 1985
(16 U.S.C. 3841(a)(7)(D)) is amended by striking ``2012'' and
inserting ``2014''.
Sec. 730. Any unobligated funds included under Treasury
symbol codes 12X3336, 12X2268, 12X0132, 12X2271, 12X2277,
12X1404, 12X1501, and 12X1336 are hereby rescinded.
Sec. 731. Of the unobligated balances provided pursuant to
section 16(h)(1)(A) of the Food and Nutrition Act of 2008,
$11,000,000 are hereby rescinded.
Sec. 732. There is hereby appropriated for the ``Emergency
Conservation Program'', for expenses resulting from a major
disaster designation pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)), $78,000,000, to remain available until expended:
Provided, That this amount is designated by Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177), as amended: Provided further, That there
is hereby appropriated for the ``Emergency Forest Restoration
Program'', for expenses resulting from a major disaster
designation pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)),
$49,000,000, to remain available until expended: Provided
further, That this amount is designated by Congress as being
for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985
(Public Law 99-177), as amended: Provided further, That there
is hereby appropriated for the ``Emergency Watershed
Protection Program'', for expenses resulting from a major
disaster designation pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)), $139,000,000, to remain available until expended:
Provided further, That this amount is designated by Congress
as being for disaster relief pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177), as amended.
Sec. 733. (a) Notwithstanding any other provision of this
Act--
(1) the amount provided under section 732 for the emergency
conservation program for expenses resulting from a major
disaster designation pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) is increased by $48,700,000; and
(2) the amount provided under section 732 for the emergency
watershed protection program for expenses resulting from a
major disaster designation pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) is increased by $61,200,000.
(b) The additional amounts provided under subsection (a)--
(1) are designated by Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C.
901(b)(2)(D));
(2) are subject to the same terms and conditions as any
other amounts provided under section 732 for the same
purposes; and
(3) shall remain available until expended.
Sec. 734. Unobligated balances not to exceed $31,000,000
for the ``Emergency Watershed Protection Program'' provided
in Public Law 108-199, Public Law 109-234, and Public Law
110-28 shall be available for the purposes of such program
for disasters occurring in 2011, and shall
[[Page S6947]]
remain available until expended: Provided, That the amounts
made available by this section are designated by Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985 (Public Law 99-177), as amended.
Sec. 735. None of the funds made available by this Act may
be used to implement an interim final or final rule that--
(1) sets any maximum limits on the serving of vegetables in
school meal programs established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and by
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); or
(2) is inconsistent with the recommendations of the most
recent Dietary Guidelines for Americans for vegetables.
Sec. 736. For fiscal year 2012, section 363 of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2006e)
shall not apply to a project funded under the community
facilities programs authorized under such Act.
Sec. 737. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the Committee on Appropriations of the House of
Representatives and the Committee on Appropriations of the
Senate a report describing plans to implement reductions to
salaries and expenses accounts included in this Act.
Sec. 738. None of the funds made available by this Act may
be used by the Secretary of Agriculture to provide direct
payments under section 1103 or 1303 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753) to
any person or legal entity that has an average adjusted gross
income (as defined in section 1001D of the Food Security Act
of 1985 (7 U.S.C. 1308-3a)) in excess of $1,000,000.
This Act may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2012''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
The following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for Departments of
Commerce and Justice, and Science, and Related Agencies for
the fiscal year ending September 30, 2012, and for other
purposes, namely:
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the International
Trade Administration between two points abroad, without
regard to 49 U.S.C. 40118; employment of Americans and aliens
by contract for services; rental of space abroad for periods
not exceeding 10 years, and expenses of alteration, repair,
or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of
tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $245,250 for official representation
expenses abroad; purchase of passenger motor vehicles for
official use abroad, not to exceed $45,000 per vehicle;
obtaining insurance on official motor vehicles; and rental of
tie lines, $441,104,000, to remain available until September
30, 2013, of which $9,439,000 is to be derived from fees to
be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided
further, That the provisions of the first sentence of section
105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and
Competitiveness Act of 1988 (15 U.S.C. 4912); and that for
the purpose of this Act, contributions under the provisions
of the Mutual Educational and Cultural Exchange Act of 1961
shall include payment for assessments for services provided
as part of these activities: Provided further, That up to
$2,500,000 from amounts provided herein may be available for
necessary expenses of the Commercial Law Development Program,
including those authorized under section 636(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)).
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $11,250 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established
by law, $98,138,000, to remain available until expended, of
which $31,279,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for providing information to the public with respect to
the export administration and national security activities of
the Department of Commerce and other export control programs
of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
section 27 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3701 et seq.), as added by section 603 of
the America COMPETES Reauthorization Act of 2010 (Public Law
111-358), $220,000,000, to remain available until expended,
of which $1,000,000 shall be for economic adjustment
assistance grants under section 209 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3149) to support
innovative, utility-administered energy efficiency programs
for small businesses.
For an additional amount for ``Economic Development
Assistance Programs'' for expenses related to disaster
relief, long-term recovery, and restoration of infrastructure
in areas that received a major disaster designation in 2011
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)), $135,000,000,
to remain available until expended: Provided, That such
amount is designated by Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177), as
amended.
For an additional amount for ``Economic Development
Assistance Programs'' for expenses related to disaster
relief, long-term recovery, and restoration of infrastructure
in areas that received a major disaster designation in 2011
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2)), $365,000,000,
to remain available until expended: Provided, That such
amount is designated by Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177), as
amended.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$37,166,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$29,732,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $95,119,000.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $253,336,000: Provided, That from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses to collect and publish statistics
for periodic censuses and programs provided for by law,
$690,000,000, to remain available until September 30, 2013:
Provided, That from amounts provided herein, funds may be
used for additional promotion, outreach, and marketing
activities: Provided further, That within the amounts
appropriated, $1,000,000 shall be transferred to the Office
of the Inspector General for activities associated with
carrying out investigations and audits related to the Bureau
of the Census.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $45,568,000, to remain available until September 30,
2013: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, operations, and
related services, and such fees shall be retained and used as
offsetting collections for costs of such spectrum services,
to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned
[[Page S6948]]
functions under this paragraph, and such funds received from
other Government agencies shall remain available until
expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
hereafter available for the administration of all open grants
until their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfer of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$2,706,313,000 to remain available until expended: Provided,
That the sum herein appropriated from the general fund shall
be reduced as offsetting collections assessed and collected
pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are
received during fiscal year 2012, so as to result in a fiscal
year 2012 appropriation from the general fund estimated at
$0: Provided further, That during fiscal year 2012, should
the total amount of offsetting fee collections and the
surcharge provided herein be less than $2,706,313,000 this
amount shall be reduced accordingly: Provided further, That
any amount received in excess of $2,706,313,000 in fiscal
year 2012 and deposited in the Patent and Trademark Fee
Reserve Fund shall remain available until expended: Provided
further, That the Director of the Patent and Trademark Office
shall submit a spending plan to the Committees on
Appropriations of the House of Representatives and the Senate
for any amounts made available by the preceding proviso and
such spending plan shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
from amounts provided herein, not to exceed $750 shall be
made available in fiscal year 2012 for official reception and
representation expenses: Provided further, That in fiscal
year 2012 from the amounts made available for ``Salaries and
Expenses'' for the USPTO, the amounts necessary to pay: (1)
the difference between the percentage of basic pay
contributed by the USPTO and employees under section 8334(a)
of title 5, United States Code, and the normal cost
percentage (as defined by section 8331(17) of that title) as
provided by the Office of Personnel Management (OPM) for
USPTO's specific use, of basic pay, of employees subject to
subchapter III of chapter 83 of that title; and (2) the
present value of the otherwise unfunded accruing costs, as
determined by OPM for USPTO's specific use of post-retirement
life insurance and post-retirement health benefits coverage
for all USPTO employees who are enrolled in Federal Employees
Health Benefits (FEHB) and Federal Employees Group Life
Insurance (FEGLI), shall be transferred to the Civil Service
Retirement and Disability Fund, the Employees Life Insurance
Fund, and the Employees Health Benefits Fund, as appropriate,
and shall be available for the authorized purposes of those
accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for PTO's
specific use shall be recognized as an imputed cost on PTO's
financial statements, where applicable: Provided further,
That sections 801, 802, and 803 of division B, Public Law
108-447 shall remain in effect during fiscal year 2012:
Provided further, That the Director may, this year, reduce by
regulation fees payable for documents in patent and trademark
matters, in connection with the filing of documents filed
electronically in a form prescribed by the Director:
Provided further, That there shall be a surcharge of 15
percent, as provided for by section 11(i) of the Leahy-Smith
America Invents Act: Provided further, That hereafter the
Director shall reduce fees for providing prioritized
examination of utility and plant patent applications by 50
percent for small entities that qualify for reduced fees
under 35 U.S.C. 41(h)(1), so long as the fees of the
prioritized examination program are set to recover the
estimated cost of the program: Provided further, That the
receipts collected as a result of these surcharges shall be
available within the amounts provided herein to the United
States Patent and Trademark Office without fiscal year
limitation, for all authorized activities and operations of
the Office: Provided further, That within the amounts
appropriated, $1,000,000 shall be transferred to the Office
of Inspector General for activities associated with carrying
out investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of
Standards and Technology, $500,000,000, to remain available
until expended, of which not to exceed $9,000,000 may be
transferred to the ``Working Capital Fund'': Provided, That
not to exceed $5,000 shall be for official reception and
representation expenses.
industrial technology services
For necessary expenses of the Industrial Technology
Services, $120,000,000 to remain available until expended:
Provided, That of the amounts appropriated herein,
$120,000,000 shall be for the Hollings Manufacturing
Extension Partnership.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $60,000,000, to remain
available until expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $3,134,327,000, to remain available until
September 30, 2013, except for funds provided for cooperative
enforcement, which shall remain available until September 30,
2014: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition,
$109,098,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'': Provided further, That
of the $3,250,425,000 provided for in direct obligations
under this heading $3,134,327,000 is appropriated from the
general fund, and $109,098,000 is provided by transfer and
$7,000,000 is derived from recoveries of prior year
obligations: Provided further, That payments of funds made
available under this heading to the Department of Commerce
Working Capital Fund including Department of Commerce General
Counsel legal services shall not exceed $41,105,000:
Provided further, That the total amount available for the
National Oceanic and Atmospheric Administration corporate
services administrative support costs shall not exceed
$219,291,000: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in
section 505 of this Act: Provided further, That in
allocating grants under sections 306 and 306A of the Coastal
Zone Management Act of 1972, as amended, no coastal State
shall receive more than 5 percent or less than 1 percent of
increased funds appropriated over the previous fiscal year.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. 55), such sums as may be necessary.
procurement, acquisition and construction
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration (NOAA),
$1,833,594,000, to remain available until September 30, 2014,
except funds provided for construction of facilities which
shall remain available until expended: Provided, That of the
$1,841,594,000 provided for in direct obligations under this
heading, $1,833,594,000 is appropriated from the general fund
and $8,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the explanatory
statement accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous
years, shall be subject to the procedures set forth in
section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification
materials that the Secretary submits to Congress in support
of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each NOAA Procurement,
Acquisition or Construction project having a total of more
than $5,000,000 and simultaneously the budget justification
shall include an estimate of the budgetary requirements for
each such project for each of the 5 subsequent fiscal years.
pacific coastal salmon recovery fund
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2013: Provided, That of the funds
provided herein the Secretary of Commerce may issue grants to
the States of Washington, Oregon, Idaho, Nevada, California,
and Alaska, and Federally recognized tribes of the Columbia
River and Pacific Coast (including Alaska) for projects
necessary for conservation of salmon and steelhead
populations, for restoration of populations that are listed
as threatened or endangered, or identified by a State as at-
risk to be so-listed, for maintaining populations necessary
for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $350,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
[[Page S6949]]
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2012, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $59,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936: Provided,
That none of the funds made available under this heading may
be used for direct loans for any new fishing vessel that will
increase the harvesting capacity in any United States
fishery.
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official reception and representation,
$56,726,000.
renovation and modernization
For expenses necessary, including blast windows, for the
renovation and modernization of Department of Commerce
facilities, $5,000,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.) (as amended), $26,946,000.
General Provisions--Department of Commerce
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce: Provided further, That for
the National Oceanic and Atmospheric Administration this
section shall provide for transfers among appropriations made
only to the National Oceanic and Atmospheric Administration
and such appropriations may not be transferred and
reprogrammed to other Department of Commerce bureaus and
appropriation accounts.
Sec. 104. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 105. The requirements set forth by section 112 of
division B of Public Law 110-161 are hereby adopted by
reference.
Sec. 106. Notwithstanding any other law, the Secretary may
furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to
support the operation, maintenance, and improvement of space
that persons, firms or organizations are authorized pursuant
to the Public Buildings Cooperative Use Act of 1976 or other
authority to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance,
operation, and protection of which has been delegated to the
Secretary from the Administrator of General Services pursuant
to the Federal Property and Administrative Services Act of
1949, as amended, on a reimbursable or non-reimbursable
basis. Amounts received as reimbursement for services
provided under this section or the authority under which the
use or occupancy of the space is authorized, up to $200,000,
shall be credited to the appropriation or fund which
initially bears the costs of such services.
Sec. 107. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 108. The administration of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory or
possession, or of any political subdivision thereof, or of
any foreign government or international organization for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 109. All balances in the Coastal Zone Management
Fund, whether unobligated or unavailable, are hereby
permanently cancelled, and notwithstanding section 308(b) of
the Coastal Zone Management Act of 1972, as amended (16
U.S.C. 1456a), any future payments to the Fund made pursuant
to sections 307 (16 U.S.C. 1456) and 308 (16 U.S.C. 1456a) of
the Coastal Zone Management Act of 1972, as amended, shall,
in this fiscal year and any future fiscal years, be treated
in accordance with the Federal Credit Reform Act of 1990, as
amended.
Sec. 110. There is established in the Treasury a non-
interest bearing fund to be known as the ``Fisheries
Enforcement Asset Forfeiture Fund'', which shall consist of
all sums received as fines, penalties, and forfeitures of
property for violations of any provisions of 16 U.S.C.
chapter 38 or of any other marine resource law enforced by
the Secretary of Commerce, including the Lacey Act Amendments
of 1981 (16 U.S.C. 3371 et seq.) and with the exception of
collections pursuant to 16 U.S.C. 1437, which are currently
deposited in the Operations, Research, and Facilities
account: Provided, That all unobligated balances that have
been collected pursuant to 16 U.S.C. 1861 or any other marine
resource law enforced by the Secretary of Commerce with the
exception of 16 U.S.C. 1437 shall be transferred from the
Operations, Research, and Facilities account into the
Fisheries Enforcement Asset Forfeiture Fund and shall remain
available until expended.
Sec. 111. There is established in the Treasury a non-
interest bearing fund to be known as the ``Sanctuaries
Enforcement Asset Forfeiture Fund'', which shall consist of
all sums received as fines, penalties, and forfeitures of
property for violations of any provisions of 16 U.S.C.
chapter 38, which are currently deposited in the Operations,
Research, and Facilities account: Provided, That all
unobligated balances that have been collected pursuant to 16
U.S.C. 1437 shall be transferred from the Operations,
Research, and Facilities account into the Sanctuaries
Enforcement Asset Forfeiture Fund and shall remain available
until expended.
Sec. 112. Notwithstanding any other provision of law, the
National Oceanic and Atmospheric Administration is authorized
to receive and expend funds made available by any Federal
agency, State or subdivision thereof, public or private
organization, or individual to carry out any statute
administered by the National Oceanic and Atmospheric
Administration: Provided, That use of funds to carry out
this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 113. (a) The Secretary of State shall ensure
participation in the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and
Central Pacific Ocean (``Commission'') and its subsidiary
bodies by American Samoa, Guam, and the Northern Mariana
Islands (collectively, the U.S. Participating Territories) to
the same extent provided to the territories of other nations.
(b) The U.S. Participating Territories are each authorized
to use, assign, allocate, and manage catch limits of highly
migratory fish stocks, or fishing effort limits, agreed to by
the Commission for the participating territories of the
Convention for the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific
Ocean, through arrangements with U.S. vessels with permits
issued under the Pelagics Fishery Management Plan of the
Western Pacific Region. Vessels under such arrangements are
integral to the domestic fisheries of the U.S. Participating
Territories provided that such arrangements shall impose no
requirements regarding where such vessels must fish or land
their catch and shall be funded by deposits to the Western
Pacific Sustainable Fisheries Fund in support of fisheries
development projects identified in a Territory's Marine
Conservation Plan and adopted pursuant to section 204 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1824). The Secretary of Commerce shall attribute
catches made by vessels operating under such arrangements to
the U.S. Participating Territories for the purposes of annual
reporting to the Commission.
(c) The Western Pacific Regional Fisheries Management
Council--
(1) is authorized to accept and deposit into the Western
Pacific Sustainable Fisheries Fund funding for arrangements
pursuant to subsection (b);
(2) shall use amounts deposited under paragraph (1) that
are attributable to a particular U.S. Participating Territory
only for implementation of that Territory's Marine
Conservation Plan adopted pursuant to section 204 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1824); and
(3) shall recommend an amendment to the Pelagics Fishery
Management Plan for the Western Pacific Region, and
associated regulations, to implement this section.
(d) Subsection (b) shall remain in effect until such time
as--
(1) the Western Pacific Regional Fishery Management Council
recommends an amendment to the Pelagics Fishery Management
Plan for the Western Pacific Region, and implementing
regulations, to the Secretary of Commerce that authorize use,
assignment, allocation, and management of catch limits of
highly migratory fish
[[Page S6950]]
stocks, or fishing effort limits, established by the
Commission and applicable to U.S. Participating Territories;
(2) the Secretary of Commerce approves the amendment as
recommended; and
(3) such implementing regulations become effective.
Sec. 114. (a) Report to Congress.--Not later than 6 months
after the date of the enactment of this Act, the National
Aquatic Animal Health Task Force shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Natural Resources of the House of
Representatives a report of the findings of the research
objectives described in subsection (b).
(b) Research and Surveillance.--The National Aquatic Animal
Health Task Force shall establish Infectious Salmon Anemia
research objectives, in collaboration the with the Government
of Canada, and Federal, State, and tribal governments,
including the Department of Fish and Wildlife of Washington
and the Department of Fish and Game of Alaska, to assess--
(1) the prevalence of Infectious Salmon Anemia in both wild
and aquaculture salmonid populations throughout Alaska,
Washington, Oregon, California, and Idaho;
(2) genetic susceptibility by population and species;
(3) susceptibility of populations to Infectious Salmon
Anemia from geographic and oceanographic factors;
(4) potential transmission pathways between infectious
Canadian sockeye and uninfected salmonid populations in
United States waters;
(5) management strategies to rapidly respond to potential
Infectious Salmon Anemia outbreaks in both wild and
aquaculture populations, including securing the water
supplies at conservation hatcheries to protect hatchery fish
from exposure to the Infectious Salmon Anemia virus present
in incoming surface water;
(6) potential economic impacts of Infectious Salmon Anemia;
(7) any role foreign salmon farms may have in spreading
Infectious Salmon Anemia to wild populations;
(8) the identity of any potential Federal, State, tribal,
and international research partners;
(9) available baseline data, including baseline data
available from a collaborating entity; and
(10) other Infectious Salmon Anemia research priorities, as
determined by the Task Force.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2012''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $115,886,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended:
Provided, That the Attorney General is authorized to transfer
funds appropriated within General Administration to any
office in this account: Provided further, That $18,903,000
is for Department Leadership; $8,311,000 is for
Intergovernmental Relations/External Affairs; $12,925,000 is
for Executive Support/Professional Responsibility; and
$75,747,000 is for the Justice Management Division: Provided
further, That any change in amounts specified in the
preceding proviso greater than 5 percent shall be submitted
for approval to the House and Senate Committees on
Appropriations consistent with the terms of section 505 of
this Act: Provided further, That this transfer authority is
in addition to transfers authorized under section 505 of this
Act.
national drug intelligence center
For necessary expenses of the National Drug Intelligence
Center, including reimbursement of Air Force personnel for
the National Drug Intelligence Center to support the
Department of Defense's counter-drug intelligence
responsibilities, $20,000,000: Provided, That the National
Drug Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law
enforcement authorities and the intelligence community by
conducting document and computer exploitation of materials
collected in Federal, State, and local law enforcement
activity associated with counter-drug, counterterrorism, and
national security investigations and operations.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $47,000,000, to remain available until expended.
tactical law enforcement wireless communications
For the costs of developing and implementing a nationwide
Integrated Wireless Network supporting Federal law
enforcement communications, and for the costs of operations
and maintenance of existing Land Mobile Radio legacy systems,
$87,000,000, to remain available until expended: Provided,
That the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the
purchase of portable and mobile radios: Provided further,
That any transfer made under the preceding proviso shall be
subject to section 505 of this Act.
administrative review and appeals
(including transfer of funds)
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$294,082,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee''
account.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,563,453,000, to remain available until expended:
Provided, That the Trustee shall be responsible for managing
the Justice Prisoner and Alien Transportation System:
Provided further, That not to exceed $20,000,000 shall be
considered ``funds appropriated for State and local law
enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$84,199,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $12,577,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $846,099,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the total amount appropriated,
not to exceed $7,500 shall be available to INTERPOL
Washington for official reception and representation
expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General
that emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to reimburse
the Office of Personnel Management for salaries and expenses
associated with the election monitoring program under section
8 of the Voting Rights Act of 1965 (42 U.S.C. 1973f):
Provided further, That of the amounts provided under this
heading for the election monitoring program $3,390,000, shall
remain available until expended.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $7,833,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $159,587,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $108,000,000 in fiscal year 2012), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2012, so as to result in a
final fiscal year 2012 appropriation from the general fund
estimated at $51,587,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,891,532,000: Provided, That of the total
amount appropriated, not to exceed $6,000 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That of the
amount provided under this heading, not less than $43,184,000
shall be used for salaries and expenses for assistant U.S.
Attorneys to carry out section 704 of the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248)
concerning the prosecution of offenses relating to the sexual
exploitation of children.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $234,115,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That notwithstanding any
other provision of law, deposits to the Fund shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, $234,115,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained
and used for necessary expenses in this appropriation and
shall remain available until expended: Provided further,
That the sum herein appropriated from the Fund shall be
reduced as such offsetting collections are received during
fiscal year 2012, so as to result in a final fiscal year 2012
appropriation from the Fund estimated at $0.
[[Page S6951]]
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,071,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended: Provided, That not to exceed
$10,000,000 may be made available for construction of
buildings for protected witness safesites: Provided further,
That not to exceed $3,000,000 may be made available for the
purchase and maintenance of armored and other vehicles for
witness security caravans: Provided further, That not to
exceed $11,000,000 may be made available for the purchase,
installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$11,227,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the preceding proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $20,990,000, to be derived from the Department of
Justice Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,111,041,000; of which not to exceed $10,000,000
shall be available for necessary expenses for increased
deputy marshals and staff related to Southwest border
enforcement until September 30, 2012; of which not to exceed
$6,000 shall be available for official reception and
representation expenses; and of which not to exceed
$20,000,000 shall remain available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $20,250,000, of which $8,250,000 shall
be available for detention upgrades at Federal courthouses
located in the Southwest border region, to remain available
until expended; of which not less than $9,696,000 shall be
available for the costs of courthouse security equipment,
including furnishings, relocations, and telephone systems and
cabling.
National Security Division
salaries and expenses
For expenses necessary to carry out the activities of the
National Security Division, $86,007,000; of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $516,962,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $7,785,000,000, of which
not to exceed $150,000,000 shall remain available until
expended: Provided, That not to exceed $153,750 shall be
available for official reception and representation expenses.
construction
For all necessary expenses, to include the cost of
equipment, furniture, and information technology
requirements, related to construction or acquisition of
buildings, facilities and sites by purchase, or as otherwise
authorized by law; conversion, modification and extension of
Federally owned buildings; and preliminary planning and
design of projects; $75,000,000, to remain available until
expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to 28 U.S.C. 530C; and expenses for conducting drug education
and training programs, including travel and related expenses
for participants in such programs and the distribution of
items of token value that promote the goals of such programs,
$1,900,084,000; of which not to exceed $75,000,000 shall
remain available until expended; and of which not to exceed
$75,000 shall be available for official reception and
representation expenses.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings; and operation
and maintenance of secure work environment facilities and
secure networking capabilities; $10,000,000, to remain
available until expended.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, not to exceed $30,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $1,090,292,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18,
United States Code; and of which not to exceed $20,000,000
shall remain available until expended: Provided, That no
funds appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the records,
or any portion thereof, of acquisition and disposition of
firearms maintained by Federal firearms licensees: Provided
further, That no funds appropriated herein shall be used to
pay administrative expenses or the compensation of any
officer or employee of the United States to implement an
amendment or amendments to 27 CFR 478.118 or to change the
definition of ``Curios or relics'' in 27 CFR 478.11 or remove
any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under 18 U.S.C. 925(c): Provided further, That
such funds shall be available to investigate and act upon
applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer
the functions, missions, or activities of the Bureau of
Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments in fiscal year 2012: Provided further, That,
beginning in fiscal year 2012 and thereafter, no funds
appropriated under this or any other Act may be used to
disclose part or all of the contents of the Firearms Trace
System database maintained by the National Trace Center of
the Bureau of Alcohol, Tobacco, Firearms and Explosives or
any information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required
to be reported pursuant to paragraphs (3) and (7) of such
section 923(g), except to: (1) a Federal, State, local, or
tribal law enforcement agency, or a Federal, State, or local
prosecutor; or (2) a foreign law enforcement agency solely in
connection with or for use in a criminal investigation or
prosecution; or (3) a Federal agency for a national security
or intelligence purpose; unless such disclosure of such data
to any of the entities described in (1), (2) or (3) of this
proviso would compromise the identity of any undercover law
enforcement officer or confidential informant, or interfere
with any case under investigation; and no person or entity
described in (1), (2) or (3) shall knowingly and publicly
disclose such data; and all such data shall be immune from
legal process, shall not be subject to subpoena or other
discovery, shall be inadmissible in evidence, and shall not
be used, relied on, or disclosed in any manner, nor shall
testimony or other evidence be permitted based on the data,
in a civil action in any State (including the District of
Columbia) or Federal court or in an administrative proceeding
other than a proceeding commenced by the Bureau of Alcohol,
Tobacco, Firearms and Explosives to enforce the provisions of
chapter 44 of such title, or a review of such an action or
proceeding; except that this proviso shall not be construed
to prevent: (A) the disclosure of statistical information
concerning total production, importation, and exportation by
each licensed importer (as defined in section 921(a)(9) of
such title) and licensed manufacturer (as defined in section
921(a)(10) of such title); (B) the sharing or exchange of
such information among and between Federal, State, local, or
foreign law enforcement agencies, Federal, State, or local
prosecutors, and Federal national security, intelligence, or
counterterrorism officials; or (C) the publication
[[Page S6952]]
of annual statistical reports on products regulated by the
Bureau of Alcohol, Tobacco, Firearms and Explosives,
including total production, importation, and exportation by
each licensed importer (as so defined) and licensed
manufacturer (as so defined), or statistical aggregate data
regarding firearms traffickers and trafficking channels, or
firearms misuse, felons, and trafficking investigations:
Provided further, That no funds made available by this or any
other Act shall be expended to promulgate or implement any
rule requiring a physical inventory of any business licensed
under section 923 of title 18, United States Code: Provided
further, That no funds under this Act may be used to
electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code:
Provided further, That no funds authorized or made available
under this or any other Act may be used to deny any
application for a license under section 923 of title 18,
United States Code, or renewal of such a license due to a
lack of business activity, provided that the applicant is
otherwise eligible to receive such a license, and is eligible
to report business income or to claim an income tax deduction
for business expenses under the Internal Revenue Code of
1986.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 835, of which 808 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $6,589,781,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $4,500 shall be available for official
reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2013: Provided
further, That, of the amounts provided for contract
confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison
System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $90,000,000, to remain available until expended, of
which not less than $66,965,000 shall be available only for
modernization, maintenance and repair, and of which not to
exceed $14,000,000 shall be available to construct areas for
inmate work programs: Provided, That labor of United States
prisoners may be used for work performed under this
appropriation: Provided further, That none of the funds
provided under this heading in this or any prior Act shall be
available for the acquisition of any facility that is to be
used wholly or in part for the incarceration or detention of
any individual detained at Naval Station, Guantanamo Bay,
Cuba, as of June 24, 2009.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments, without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase
(not to exceed five for replacement only) and hire of
passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-
21); the Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims
of Trafficking and Violence Protection Act of 2000 (Public
Law 106-386) (``the 2000 Act''); and the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162) (``the 2005 Act''); and for related
victims services, $417,663,000, to remain available until
expended: Provided, That except as otherwise provided by
law, not to exceed 3 percent of funds made available under
this heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That
of the amount provided--
(1) $194,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act, of which,
notwithstanding such part T, $10,000,000 shall be available
for programs relating to children exposed to violence;
(2) $25,000,000 is for transitional housing assistance
grants for victims of domestic violence, stalking or sexual
assault as authorized by section 40299 of the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women;
(4) $10,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303 and 41305
of the 1994 Act shall be available for this program:
Provided further, That 10 percent of the total amount
available for this grant program shall be available for
grants under the program authorized by section 2015 of the
1968 Act;
(5) $45,913,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $5,000,000
is for a homicide initiative;
(6) $25,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $34,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $9,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $4,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $11,250,000 is for the safe havens for children
program, as authorized by section 1301 of the 2000 Act;
(12) $5,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $4,000,000 is for the court training and improvements
program, as authorized by section 41002 of the 1994 Act, of
which $1,000,000 is to be used for a family court initiative;
(14) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(15) $1,000,000 is for analysis and research on violence
against Indian women, as authorized by section 904 of the
2005 Act; and
(16) $500,000 is for the Office on Violence Against Women
to establish a national clearinghouse that provides training
and technical assistance on issues relating to sexual assault
of American Indian and Alaska Native women.
salaries and expenses
For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office on Violence Against Women, $20,580,000.
Office of Justice Programs
research, evaluation, and statistics
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act)''; the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law
[[Page S6953]]
109-162) (``the 2005 Act''); the Victims of Child Abuse Act
of 1990 (Public Law 101-647); the Second Chance Act of 2007
(Public Law 110-199); the Victims of Crime Act of 1984
(Public Law 98-473); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
401); subtitle D of title II of the Homeland Security Act of
2002 (Public Law 107-296) (``the 2002 Act''); and other
programs; $121,000,000, to remain available until expended,
of which--
(1) $45,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $36,000,000 is for the
administration and redesign of the National Crime
Victimization Survey;
(2) $40,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act: Provided, That of the amounts provided
under this heading, $5,000,000 is transferred directly to the
National Institute of Standards and Technology's Office of
Law Enforcement Standards from the National Institute of
Justice for research, testing and evaluation programs;
(3) $1,000,000 is for an evaluation clearinghouse program;
and
(4) $35,000,000 is for regional information sharing
activities, as authorized by part M of title I of the 1968
Act.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Second Chance Act of 2007
(Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law
98-473); the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008 (Public
Law 110-416); and other programs; $1,063,498,000, to remain
available until expended as follows--
(1) $395,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g), of
title I of the 1968 Act shall not apply for purposes of this
Act); and, notwithstanding such subpart 1, to support
innovative, place-based, evidence-based approaches to
fighting crime and improving public safety, of which
$3,000,000 is for a program to improve State and local law
enforcement intelligence capabilities including antiterrorism
training and training to ensure that constitutional rights,
civil liberties, civil rights, and privacy interests are
protected throughout the intelligence process, $4,000,000 is
for a State and local assistance help desk and diagnostic
center program, $5,000,000 is for a program to improve State,
local and tribal probation supervision efforts and
strategies, and $3,000,000 is for a Preventing Violence
Against Law Enforcement Officer Resilience and Survivability
Initiative (VALOR): Provided, That funds made available
under this heading may be used at the discretion of the
Assistant Attorney General for the Office of Justice Programs
to train Federal law enforcement under the VALOR Officer
Safety Training Initiative;
(2) $273,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $20,000,000 for the Northern and Southwest Border
Prosecutor Initiatives to reimburse State, county, parish,
tribal or municipal governments for costs associated with the
prosecution of criminal cases declined by local offices of
the United States Attorneys;
(4) $21,000,000 for competitive grants to improve the
functioning of the criminal justice system, to prevent or
combat juvenile delinquency, and to assist victims of crime
(other than compensation);
(5) $10,500,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386 and for programs authorized under Public Law 109-164:
Provided, That no less than $4,690,000 shall be for victim
services grants for foreign national victims of trafficking;
(6) $35,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(7) $9,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(8) $10,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(9) $4,000,000 for the Capital Litigation Improvement Grant
Program, as authorized by section 426 of Public Law 108-405;
(10) $10,000,000 for economic, high technology and Internet
crime prevention grants, as authorized by section 401 of
Public Law 110-403;
(11) $5,000,000 for a student loan repayment assistance
program pursuant to section 952 of Public Law 110-315;
(12) $23,000,000 for activities, including sex offender
management assistance, authorized by the Adam Walsh Act and
the Violent Crime Control Act of 1994 (Public Law 103-322);
(13) $10,000,000 for an initiative relating to children
exposed to violence;
(14) $20,000,000 for an Edward Byrne Memorial criminal
justice innovation program;
(15) $24,850,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(16) $1,000,000 for the National Sex Offender Public Web
site;
(17) $10,000,000 for competitive and evidence-based
programs to reduce gun crime and gang violence;
(18) $10,000,000 for grants to assist State and tribal
governments as authorized by the NICS Improvement Amendments
Act of 2007 (Public Law 110-180);
(19) $8,000,000 for the National Criminal History
Improvement Program for grants to upgrade criminal records;
(20) $15,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(21) $131,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $123,000,000 is for the purposes of DNA analysis and
DNA capacity enhancement as defined in the DNA Analysis
Backlog Elimination Act of 2000 (the Debbie Smith DNA Backlog
Grant Program), of which not less than $85,500,000 is to be
used for grants to crime laboratories for purposes under 42
U.S.C. 14135, section (a); not less than $11,000,000 is to be
used for the purposes of the Solving Cold Cases with DNA
Grant Program; not less than $11,000,000 is to be used to
audit and report on the extent of the backlog; and the
remainder of funds appropriated under this paragraph may be
used to support training programs specific to the needs of
DNA laboratory personnel, and for programs outlined in
sections 303, 304, 305 and 308 of Public Law 108-405;
(B) $4,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Program (Public Law
108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
Grants as authorized by section 304 of Public Law 108-405.
(22) $2,500,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(23) $1,500,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(24) $3,000,000 for grants and technical assistance in
support of the National Forum on Youth Violence Prevention:
Provided, That if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (42 U.S.C. 5771
et seq.); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law
108-21); the Victims of Child Abuse Act of 1990 (Public Law
101-647) (``the 1990 Act''); the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
401); and other juvenile justice programs, $251,000,000, to
remain available until expended as follows--
(1) $45,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, non-profit organizations with the Federal
grants process;
(2) $55,000,000 for youth mentoring grants;
(3) $33,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $15,000,000 shall be for the Tribal Youth Program;
(B) $8,000,000 shall be for gang and youth violence
education, prevention and intervention, and related
activities; and
(C) $10,000,000 shall be for programs and activities to
enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of
alcoholic beverages by minors, for prevention and reduction
of consumption of alcoholic beverages by minors, and for
technical assistance and training;
(4) $20,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $30,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of title I of the 1968
Act and Guam shall be considered a State;
(6) $8,000,000 for community-based violence prevention
initiatives; and
(7) $60,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act:
[[Page S6954]]
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
grants and projects authorized by sections 261 and 262 of the
1974 Act.
salaries and expenses
For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Office of Justice Programs, $118,572,000.
public safety officer benefits
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs, which amounts shall be paid
to the ``Salaries and Expenses'' account), to remain
available until expended; and $16,300,000 for payments
authorized by section 1201(b) of such Act and for educational
assistance authorized by section 1218 of such Act, to remain
available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional
funding for such disability and education payments, the
Attorney General may transfer such amounts to ``Public Safety
Officer Benefits'' from available appropriations for the
current fiscal year for the Department of Justice as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the previous proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Community Oriented Policing Services
community oriented policing services programs
(including transfers of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); and the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''), $231,500,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act. Of the amount
provided:
(1) $1,500,000 is for research, testing, and evaluation
programs regarding law enforcement technologies and
interoperable communications, and related law enforcement and
public safety equipment, which shall be transferred directly
to the National Institute of Standards and Technology's
Office of Law Enforcement Standards from the Community
Oriented Policing Services Office;
(2) $10,000,000 is for anti-methamphetamine-related
activities, which shall be transferred to the Drug
Enforcement Administration upon enactment of this Act;
(3) $20,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, and anti-
methamphetamine activities; and
(4) $200,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section: Provided, That notwithstanding subsection (g) of
the 1968 Act (42 U.S.C. 3796dd), the Federal share of the
costs of a project funded by such grants may not exceed 75
percent unless the Director of the Office of Community
Oriented Policing Services waives, wholly or in part, the
requirement of a non-Federal contribution to the costs of a
project: Provided further, That notwithstanding 42 U.S.C.
3796dd-3(c), funding for hiring or rehiring a career law
enforcement officer may not exceed $125,000, unless the
Director of the Office of Community Oriented Policing
Services grants a waiver from this limitation: Provided
further, That within the amounts appropriated, $28,000,000
shall be used for the hiring and rehiring of tribal law
enforcement officers: Provided further, That within the
amounts appropriated, $10,000,000 is for community policing
development activities.
salaries and expenses
For necessary expenses, not elsewhere specified in this
title, for management and administration of programs within
the Community Oriented Policing Services Office, $24,500,000.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. The Attorney General is authorized to extend
through September 30, 2013, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of
2002, Public Law 107-296 (28 U.S.C. 599B) without limitation
on the number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation by the Bureau of Alcohol, Tobacco,
Firearms and Explosives that is necessary for the detection
and prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
Sec. 210. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations that the
information technology program has appropriate program
management and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 211. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and accompanying statement, and to any use of deobligated
balances of funds provided under this title in previous
years.
Sec. 212. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 213. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of 28 U.S.C. 545.
Sec. 214. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this Act under the headings for
``Research Evaluation and Statistics'', ``State and Local Law
Enforcement Assistance'', and ``Juvenile Justice Programs''--
(1) Up to 3 percent of funds made available for grant or
reimbursement programs may be used to provide training and
technical assistance;
(2) Up to 3 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs, and of such
amounts, $1,300,000 shall be transferred to the Bureau of
Prisons for Federal inmate research and evaluation purposes;
and
(3) 7 percent of funds made available for grant or
reimbursement programs:
(A) under the heading ``State and Local Law Enforcement
Assistance''; or
(B) under the headings ``Research, Evaluation and
Statistics'' and ``Juvenile Justice Programs'', to be
transferred to and merged with funds made available under the
heading ``State and Local Law Enforcement Assistance'', shall
be available for tribal criminal justice assistance without
regard to the authorizations for such grant or reimbursement
programs.
Sec. 215. Notwithstanding any other provision of law,
section 20109(a), in subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
13709(a)), shall not apply to amounts made available by this
title.
[[Page S6955]]
Sec. 216. Section 530A of title 28, United States Code, is
hereby amended by replacing ``appropriated'' with ``used from
appropriations'', and by inserting ``(2),'' before ``(3)''.
Sec. 217. (a) Within 30 days of enactment of this Act, the
Attorney General shall report to the Committees on
Appropriations of the House of Representatives and the Senate
a cost and schedule estimate for the final operating
capability of the Federal Bureau of Investigation's Sentinel
program, including the costs of Bureau employees engaged in
development work, the costs of operating and maintaining
Sentinel for 2 years after achievement of the final operating
capability, and a detailed list of the functionalities
included in the final operating capability compared to the
functionalities included in the previous program baseline.
(b) The report described in subsection (a) shall be
submitted concurrently to the Department of Justice Office of
Inspector General (OIG) and, within 60 days of receiving such
report, the OIG shall provide an assessment of such report to
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 218. No funds made available under this Act shall be
used to allow the knowing transfer of firearms to agents of
drug cartels where law enforcement personnel of the United
States do not continuously monitor or control such firearms
at all times.
evaluation of gulf coast claims facility
Sec. 219. The Attorney General shall identify an
independent auditor to evaluate the Gulf Coast Claims
Facility.
This title may be cited as the ``Department of Justice
Appropriations Act, 2012''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,100 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $6,000,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $5,100,000,000, to remain available
until September 30, 2013, of which up to $10,000,000 shall be
available for a reimbursable agreement with the Department of
Energy for the purpose of re-establishing facilities to
produce fuel required for radio-isotope thermoelectric
generators to enable future missions: Provided, That the
development cost (as defined under 51 U.S.C. 30104) for the
James Webb Space Telescope shall not exceed $8,000,000,000:
Provided further, That should the individual identified under
subparagraph (c)(2)(E) of section 30104 of title 51 as
responsible for the James Webb Space Telescope determine that
the development cost of the program is likely to exceed that
limitation, the individual shall immediately notify the
Administrator and the increase shall be treated as if it
meets the 30 percent threshold described in subsection (f) of
section 30104 of title 51.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $501,000,000, to remain available
until September 30, 2013.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space research and technology
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $637,000,000, to remain
available until September 30, 2013.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management, personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance, and operation of mission and
administrative aircraft, $3,775,000,000, to remain available
until September 30, 2013: Provided, That not less than
$1,200,000,000 shall be for the Orion multipurpose crew
vehicle, not less than $1,800,000,000 shall be for the heavy
lift launch vehicle system which shall have a lift capacity
not less than 130 tons and which shall have an upper stage
and other core elements developed simultaneously,
$500,000,000 shall be for commercial spaceflight activities,
and $275,000,000 shall be for exploration research and
development: Provided further, That $192,600,000 of the
funds provided for commercial spaceflight activities shall
only be available after the NASA Administrator certifies to
the Committees on Appropriations, in writing, that NASA has
published the required notifications of NASA contract actions
implementing the acquisition strategy for the heavy lift
launch vehicle system identified in section 302 of Public Law
111-267 and has begun to execute relevant contract actions in
support of development of the heavy lift launch vehicle
system: Provided further, That funds made available under
this heading within this Act may be transferred to
``Construction and Environmental Compliance and Restoration''
for construction activities related to the Orion multipurpose
crew vehicle and the heavy lift launch vehicle system:
Provided further, That funds so transferred shall be subject
to the 5 percent but shall not be subject to the 10 percent
transfer limitation described under the Administrative
Provisions in this Act for the National Aeronautics and Space
Administration, shall be available until September 30, 2017,
and shall be treated as a reprogramming under section 505 of
this Act.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; and purchase, lease,
charter, maintenance and operation of mission and
administrative aircraft, $4,285,000,000, to remain available
until September 30, 2013: Provided, That of the amounts
provided under this heading, not more than $650,900,000 shall
be for Space Shuttle operations, production, research,
development, and support, not more than $2,803,500,000 shall
be for International Space Station operations, production,
research, development, and support, not more than
$168,000,000 shall be for the 21st Century Launch Complex,
and not more than $662,600,000 shall be for Space and Flight
Support: Provided further, That funds made available under
this heading for 21st Century Launch Complex may be
transferred to ``Construction and Environmental Compliance
and Restoration'' for construction activities only at NASA-
owned facilities: Provided further, That funds so
transferred shall not be subject to the transfer limitations
described in the Administrative Provisions in this Act for
the National Aeronautics and Space Administration, shall be
available until September 30, 2017, and shall be treated as a
reprogramming under section 505 of this Act.
education
For necessary expenses, not otherwise provided for, in
carrying out aerospace and aeronautical education research
and development activities, including research, development,
operations, support, and services; program management;
personnel and related costs, uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $138,400,000, to remain available
until September 30, 2013.
cross agency support
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, exploration,
space operations and education research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $52,500
for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $3,043,073,000:
Provided, That not less than $39,100,000 shall be available
for independent verification and validation activities:
Provided further, That contracts may be entered into under
this heading in fiscal year 2012 for maintenance and
operation of facilities, and for other services, to be
provided during the next fiscal year.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $422,000,000, to remain available
until September
[[Page S6956]]
30, 2017: Provided, That hereafter, notwithstanding section
315 of the National Aeronautics and Space Act of 1958 (42
U.S.C. 2459j), all proceeds from leases entered into under
that section shall be deposited into this account and shall
be available for a period of 5 years, to the extent provided
in annual appropriations Acts: Provided further, That such
proceeds shall be available for obligation for fiscal year
2012 in an amount not to exceed $3,960,000: Provided
further, That each annual budget request shall include an
annual estimate of gross receipts and collections and
proposed use of all funds collected pursuant to section 315
of the National Aeronautics and Space Act of 1958 (42 U.S.C.
2459j).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$37,300,000.
administrative provisions
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Balances so
transferred shall be merged with and available for the same
purposes and the same time period as the appropriations to
which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section
505 of this Act and shall not be available for obligation
except in compliance with the procedures set forth in that
section.
The unexpired balances of previous accounts, for activities
for which funds are provided under this Act, may be
transferred to the new accounts established in this Act that
provide such activity. Balances so transferred shall be
merged with the funds in the newly established accounts, but
shall be available under the same terms, conditions and
period of time as previously appropriated.
Section 40902 of title 51, United States Code, is amended
by adding at the end the following:
``(d) Availability of Funds.--The interest accruing from
the National Aeronautics and Space Administration Endeavor
Teacher Fellowship Trust Fund principal shall be available in
fiscal year 2012 for the purpose of the Endeavor Science
Teacher Certificate Program.''.
Section 20145(b)(1) of title 51 is amended by inserting
``(A)'' before ``A person'' and adding at the end thereof the
following new subparagraph (B) as follows:
``(B) Notwithstanding subparagraph (A), the Administrator
may accept in-kind consideration for leases entered into for
the purpose of developing renewable energy production
facilities.''.
The spending plan required by section 540 of this Act shall
be provided by NASA at the theme, program, project and
activity level. The spending plan, as well as any subsequent
change of an amount established in that spending plan that
meets the notification requirements of section 505 of this
Act, shall be treated as a reprogramming under section 505 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $5,443,000,000, to remain available until
September 30, 2013, of which not to exceed $550,000,000 shall
remain available until expended for polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical
and other related activities for the United States Antarctic
program: Provided, That receipts for scientific support
services and materials furnished by the National Research
Centers and other National Science Foundation supported
research facilities may be credited to this appropriation:
Provided further, That not less than $146,830,000 shall be
available for activities authorized by section
7002(c)(2)(A)(iv) of Public Law 110-69: Provided further,
That up to $100,000,000 of funds made available under this
heading within this Act may be transferred to ``Major
Research Equipment and Facilities Construction'': Provided
further, That funds so transferred shall not be subject to
the transfer limitations described in the Administrative
Provisions in this Act for the National Science Foundation,
and shall be available until expended only after notification
of such transfer to the Committees on Appropriations.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875), including authorized travel, $117,055,000,
to remain available until expended: Provided, That none of
the funds may be used to reimburse the Judgment Fund.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $829,000,000,
to remain available until September 30, 2013: Provided, That
not less than $54,890,000 shall be available until expended
for activities authorized by section 7030 of Public Law 110-
69.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1861-1875); services authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$6,900 for official reception and representation expenses;
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of
Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $290,400,000:
Provided, That contracts may be entered into under this
heading in fiscal year 2012 for maintenance and operation of
facilities, and for other services, to be provided during the
next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950, as
amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C.
1880 et seq.), $4,440,000: Provided, That not to exceed
$2,100 shall be available for official reception and
representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $14,200,000.
administrative provision
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers. Any transfer
pursuant to this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the
procedures set forth in that section.
This title may be cited as the ``Science Appropriations
Act, 2012''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
(including transfer of funds)
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,193,000:
Provided, That none of the funds appropriated in this
paragraph shall be used to employ in excess of four full-time
individuals under Schedule C of the Excepted Service
exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this
paragraph shall be used to reimburse Commissioners for more
than 75 billable days, with the exception of the chairperson,
who is permitted 125 billable days: Provided further, That
none of the funds appropriated in this paragraph shall be
used for any activity or expense that is not explicitly
authorized by 42 U.S.C. 1975a: Provided further, That there
shall be an Inspector General at the Commission on Civil
Rights who shall have the duties, responsibilities, and
authorities specified in the Inspector General Act of 1978,
as amended: Provided further, That an individual appointed
to the position of Inspector General of the Equal Employment
Opportunity Commission (EEOC) shall, by virtue of such
appointment, also hold the position of Inspector General of
the Commission on Civil Rights: Provided further, That the
Inspector General of the Commission on Civil Rights shall
utilize personnel of the Office of Inspector General of EEOC
in performing the duties of the Inspector General of the
Commission on Civil Rights, and shall not appoint any
individuals to positions within the Commission on Civil
Rights: Provided further, That of the amounts made available
in this paragraph, $800,000 shall be transferred directly to
the Office of Inspector General of EEOC upon enactment of
this Act for salaries and expenses necessary to carry out the
duties of the Inspector General of the Commission on Civil
Rights.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, the Civil Rights Act of 1991, the Genetic
Information Non-Discrimination Act (GINA) of 2008 (Public Law
110-233), the ADA Amendments Act of 2008 (Public Law 110-
325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public
Law 111-2), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31
U.S.C. 1343(b); and nonmonetary awards to private citizens,
$329,837,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $1,875 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations have been
notified of such proposals, in accordance with the
reprogramming requirements of section 505 of this Act:
Provided further, That the Chair is
[[Page S6957]]
authorized to accept and use any gift or donation to carry
out the work of the Commission.
state and local law enforcement assistance
For payments to State and local enforcement agencies for
authorized services to the Commission, $29,400,000.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$1,875 for official reception and representation expenses,
$80,062,000, to remain available until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$396,106,000, of which $370,506,000 is for basic field
programs and required independent audits; $4,200,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $17,000,000 is for management and grants
oversight; $3,400,000 is for client self-help and information
technology; and $1,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no
greater than that provided by the Federal Government to
Washington, DC-based employees as authorized by 5 U.S.C.
5304, notwithstanding section 1005(d) of the Legal Services
Corporation Act, 42 U.S.C. 2996(d): Provided further, That
the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2011 and 2012, respectively.
Section 504 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 1996 (as contained in Public Law 104-134) is amended:
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting after ``)'' the following: ``that uses
Federal funds (or funds from any source with regard to
paragraphs (14) and (15) in a manner'';
(2) by striking subsection (d); and
(3) by redesignating subsections (e) and (f) as subsections
(d) and (e), respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $3,025,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $46,775,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $93,000 shall be available for official reception and
representation expenses.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1984 (42 U.S.C. 10701 et seq.) $5,019,000, of which
$500,000 shall remain available until September 30, 2013:
Provided, That not to exceed $1,875 shall be available for
official reception and representation expenses.
Commission on Wartime Relocation and Internment of Latin Americans of
Japanese Descent
salaries and expenses
For necessary expenses to carry out the activities of the
Commission on Wartime Relocation and Internment of Latin
Americans of Japanese Descent, as authorized by section 541
of this Act, $1,700,000 shall be available until expended.
TITLE V
GENERAL PROVISIONS
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2012, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
the reprogramming of funds that--
(1) creates or initiates a new program, project or
activity, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds;
(2) eliminates a program, project or activity, unless the
House and Senate Committees on Appropriations are notified 15
days in advance of such reprogramming of funds;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted by this Act, unless the House and Senate
Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds;
(4) relocates an office or employees, unless the House and
Senate Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds;
(5) reorganizes or renames offices, programs or activities,
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees, unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds;
(7) proposes to use funds directed for a specific activity
by either the House or Senate Committee on Appropriations for
a different purpose, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds;
(8) augments funds for existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program,
project or activity, or numbers of personnel by 10 percent as
approved by Congress, unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds; or
(9) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, projects or activities as approved by
Congress, unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds in provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2012, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
the reprogramming of funds after August 1, except in
extraordinary circumstances, and only after the House and
Senate Committees on Appropriations are notified 30 days in
advance of such reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in
this or any other Act may be used to implement, administer,
or enforce any guidelines of the Equal Employment Opportunity
Commission covering harassment based on religion, when it is
made known to the Federal entity or official to which such
funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508. The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration, shall provide to the House and Senate
Committees on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were
received by such agency during any previous fiscal year.
Sec. 509. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Sec. 510. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 511. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
[[Page S6958]]
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
Sec. 512. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
42 U.S.C. 10601 in any fiscal year in excess of $705,000,000
shall not be available for obligation until the following
fiscal year.
Sec. 513. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 516. (a) Tracing studies conducted by the Bureau of
Alcohol, Tobacco, Firearms and Explosives are released
without adequate disclaimers regarding the limitations of the
data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives
shall include in all such data releases, language similar to
the following that would make clear that trace data cannot be
used to draw broad conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not
all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be
considered representative of the larger universe of all
firearms used by criminals, or any subset of that universe.
Firearms are normally traced to the first retail seller, and
sources reported for firearms traced do not necessarily
represent the sources or methods by which firearms in general
are acquired for use in crime.
Sec. 517. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the
costs of a banquet or conference that is not directly and
programmatically related to the purpose for which the grant
or contract was awarded, such as a banquet or conference held
in connection with planning, training, assessment, review, or
other routine purposes related to a project funded by the
grant or contract.
(d) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(e) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 518. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on
claims directed to or encompassing a human organism.
Sec. 519. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 520. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 521. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 522. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 523. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act; The Electronic
Communications Privacy Act; The Fair Credit Reporting Act;
The National Security Act of 1947; USA PATRIOT Act; and the
laws amended by these Acts.
Sec. 524. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent, the program manager shall immediately inform the
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of
such increase, and shall include in such notice: the date on
which such determination was made; a statement of the reasons
for such increases; the action taken and proposed to be taken
to control future cost growth of the project; changes made in
the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total
program costs or procurement costs; new estimates of the
total project or procurement costs; and a statement
validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 525. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2012 until the enactment of the
Intelligence Authorization Act for fiscal year 2012.
Sec. 526. The Departments, agencies, and commissions
funded under this Act, shall establish and maintain on the
homepages of their Internet websites--
[[Page S6959]]
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
Sec. 527. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
Sec. 528. None of the funds appropriated or otherwise made
available in this Act may be used in a manner that is
inconsistent with the principal negotiating objective of the
United States with respect to trade remedy laws to preserve
the ability of the United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies; or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
(rescissions)
Sec. 529. (a) Of the unobligated balances available to the
Department of Commerce, the following funds are hereby
rescinded, not later than September 30, 2012, from the
following account in the specified amount:
(1) ``National Telecommunications and Information
Administration, Information Infrastructure Grants'',
$2,000,000; and
(2) ``National Oceanic and Atmospheric Administration,
Foreign Fishing Observer Fund'', $350,000.
(b) Of the amounts made available under section 3010 of the
Deficit Reduction Act of 2005 (47 U.S.C. 309 note),
$4,300,000 in unobligated balances are hereby rescinded.
(c) Of the unobligated balances available to the Department
of Justice from prior appropriations, the following funds are
hereby rescinded, not later than September 30, 2012, from the
following accounts in the specified amounts--
(1) ``Working Capital Fund'', $40,000,000;
(2) ``Legal Activities, Assets Forfeiture Fund'',
$620,000,000; and an additional $25,000,000 shall be
permanently rescinded;
(3) ``United States Marshals Service, Salaries and
Expenses'', $7,200,000;
(4) ``Drug Enforcement Administration, Salaries and
Expenses'', $30,000,000;
(5) ``Federal Prison System, Buildings and Facilities'',
$35,000,000;
(6) ``Office of Justice Programs'', $42,600,000;
(7) ``Community Oriented Policing Services'', $10,200,000;
and
(8) ``Office on Violence Against Women'', $5,000,000.
(d) Within 30 days of enactment of this Act, the Department
of Justice shall submit to the Committees on Appropriations
of the House of Representatives and the Senate a report
specifying the amount of each rescission made pursuant to
this section.
(e) The rescissions contained in this section shall not
apply to funds provided in this Act.
Sec. 530. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 531. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency at any
single conference occurring outside the United States.
Sec. 532. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 533. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 534. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.
Sec. 535. To the extent practicable, funds made available
in this Act should be used to purchase light bulbs that are
``Energy Star'' qualified or have the ``Federal Energy
Management Program'' designation.
Sec. 536. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States Government receiving
funds appropriated under this Act to track undisbursed
balances in expired grant accounts and include in its annual
performance plan and performance and accountability reports
the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 537. None of the funds made available in this Act may
be used to relocate the Bureau of the Census or employees
from the Department of Commerce to the jurisdiction of the
Executive Office of the President.
Sec. 538. (a) The head of any department, agency, board or
commission funded by this Act shall submit quarterly reports
to the Inspector General, or the senior ethics official for
any entity without an inspector general, of the appropriate
department, agency, board or commission regarding the costs
and contracting procedures relating to each conference held
by the department, agency, board or commission during fiscal
year 2012 for which the cost to the Government was more than
$20,000.
(b) Each report submitted under subsection (a) shall
include, for each conference described in that subsection
held during the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine which
costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive basis
for that conference; and
(B) a discussion of any cost comparison conducted by the
department, agency, board or commission in evaluating
potential contractors for that conference.
Sec. 539. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 540. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, and the
National Science Foundation are directed to submit spending
plans, signed by the respective department or agency head, to
the House and Senate Committees on Appropriations within 30
days of enactment of this Act.
Sec. 541. The amount appropriated or otherwise made
available by title IV under the heading ``Commission on
Wartime Relocation and Internment of Latin Americans of
Japanese Descent'' is hereby reduced by $1,700,000.
Sec. 542. The provisions of sections 517(c), 531, and 538
shall apply to all agencies and departments funded by
divisions A, B, and C.
Sec. 543. (a) The matter under the heading ``salaries and
expenses'' under the heading ``Office of the United States
Trade Representative'' in title IV of this division is
amended by striking ``$46,775,000'' and inserting
``$51,251,000''.
(b) Of the unobligated balance of amounts made available to
the Department of Justice for a fiscal year before fiscal
year 2012 for the ``Legal Activities, Assets Forfeiture
Fund'' account, there are permanently rescinded $8,000,000,
in addition to the amount rescinded pursuant to section
529(c)(2).
This Act may be cited as the ``Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2012''.
DIVISION C--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Departments of Transportation, and Housing and Urban
Development, and related agencies for the fiscal year ending
September 30, 2012, and for other purposes, namely:
[[Page S6960]]
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$102,202,000, of which not to exceed $2,618,000 shall be
available for the immediate Office of the Secretary; not to
exceed $981,000 shall be available for the Immediate Office
of the Deputy Secretary; not to exceed $19,515,000 shall be
available for the Office of the General Counsel; not to
exceed $11,004,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$10,538,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,544,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $25,469,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,046,000 shall be
available for the Office of Public Affairs; not to exceed
$1,649,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,492,000 shall be available for
the Office of Small and Disadvantaged Business Utilization;
not to exceed $10,578,000 for the Office of Intelligence,
Security, and Emergency Response; and not to exceed
$13,768,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further,
That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $550,000,000, to remain available through
September 30, 2013: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among
such entities on a competitive basis for projects that will
have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for
funding provided under this heading shall include, but not be
limited to, highway or bridge projects eligible under title
23, United States Code; public transportation projects
eligible under chapter 53 of title 49, United States Code;
passenger and freight rail transportation projects; and port
infrastructure investments: Provided further, That the
Secretary may use up to 35 percent of the funds made
available under this heading for the purpose of paying the
subsidy and administrative costs of projects eligible for
Federal credit assistance under chapter 6 of title 23, United
States Code, if the Secretary finds that such use of the
funds would advance the purposes of this paragraph: Provided
further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to
ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $10,000,000 and not
greater than $200,000,000: Provided further, That not more
than 25 percent of the funds made available under this
heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to
complete an overall financing package: Provided further,
That not less than $120,000,000 of the funds provided under
this heading shall be for projects located in rural areas:
Provided further, That for projects located in rural areas,
the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent:
Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a
new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the
Secretary may retain up to $25,000,000 of the funds provided
under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration,
the Federal Transit Administration, the Federal Railroad
Administration and the Federal Maritime Administration, to
fund the award and oversight of grants and credit assistance
made under this heading.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $4,990,000, to remain
available through September 30, 2013.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including improvement of network perimeter controls and
identity management, testing and assessment of information
technology against business, security, and other
requirements, implementation of Federal cyber security
initiatives and information infrastructure enhancements,
implementation of enhanced security controls on network
devices, and enhancement of cyber security workforce training
tools, $10,000,000, to remain available through September 30,
2013.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,648,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $9,000,000.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$147,596,000 shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not
apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without the
approval of the agency modal administrator: Provided
further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $351,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000. In addition, for administrative expenses
to carry out the guaranteed loan program, $570,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,068,000, to remain available until
September 30, 2013: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
(including transfer of funds)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $143,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That no funds made available
under section 41742 of title 49, United States Code, and no
funds made available in this Act or any other Act in any
fiscal year, shall be available to carry out the essential
air service program under sections 41731 through 41742 of
such title 49 in communities in the 48 contiguous States
unless the community received subsidized essential air
service or received a 90-day notice of intent to terminate
service and the Secretary required the air carrier to
continue to provide service to the community at any time
between September 30, 2010, and September 30, 2011,
inclusive: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That if
the funds under this heading are insufficient to meet the
costs of the essential air service program in the current
fiscal year, the Secretary shall transfer such sums as may be
necessary to carry out the essential air service program from
any available amounts appropriated to or directly
administered by the Office of the Secretary for such fiscal
year.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. None of the funds made available under this Act
may be obligated or expended to establish or implement a
program under which essential air service communities are
required to assume subsidy costs commonly referred to as the
EAS local participation program.
Sec. 103. The Secretary or his designee may engage in
activities with States and State legislators to consider
proposals related to the reduction of motorcycle fatalities.
(rescission)
Sec. 104. Of the amounts made available by section 185 of
Public Law 109-115, all unobligated balances as of the date
of enactment of this Act are hereby rescinded.
Sec. 105. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority
[[Page S6961]]
provided by section 327 of title 49, United States Code, the
Department's Working Capital Fund is hereby authorized to
provide payments in advance to vendors that are necessary to
carry out the Federal transit pass transportation fringe
benefit program under Executive Order 13150 and section 3049
of Public Law 109-59: Provided, That the Department shall
include adequate safeguards in the contract with the vendors
to ensure timely and high-quality performance under the
contract.
Sec. 106. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Credit Council, including the agenda for each meeting,
and require the Credit Council to record the minutes of each
meeting.
Federal Aviation Administration
operations
(airport and airway trust fund)
(including transfer of funds)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 108-176, $9,635,710,000, of which
$5,000,000,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,560,815,000 shall be
available for air traffic organization activities; not to
exceed $1,253,381,000 shall be available for aviation safety
activities; not to exceed $15,005,000 shall be available for
commercial space transportation activities; not to exceed
$112,459,000 shall be available for financial services
activities; not to exceed $98,858,000 shall be available for
human resources program activities; not to exceed
$337,944,000 shall be available for region and center
operations and regional coordination activities; not to
exceed $207,065,000 shall be available for staff offices; and
not to exceed $50,183,000 shall be available for information
services: Provided, That not to exceed 2 percent of any
budget activity, except for aviation safety budget activity,
may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease
any appropriation by more than 2 percent: Provided further,
That any transfer in excess of 2 percent shall be treated as
a reprogramming of funds under section 405 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That not later than May 31, 2012, the
Administrator shall submit to the House and Senate Committees
on Appropriations a comprehensive report that describes all
of the findings and conclusions reached during the Federal
Aviation Administration's efforts to develop an objective,
data-driven method for placing air traffic controllers after
the successful completion of their training at the Federal
Aviation Administration Academy, lists all available options
for establishing such method, and discusses the benefits and
challenges of each option: Provided further, That not later
than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of
Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after
March 31 that such report has not been submitted to the
Congress: Provided further, That not later than March 31 of
each fiscal year hereafter, the Administrator shall transmit
to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards
and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including
stated attrition estimates and numerical hiring goals by
fiscal year, and a benchmark for assessing the amount of time
aviation inspectors spend directly observing industry field
operations: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation as offsetting collections funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $9,500,000
shall be for the contract tower cost-sharing program:
Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for
activities conducted by, or coordinated through, the Working
Capital Fund.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $2,630,731,000, of which $474,000,000 shall
remain available until September 30, 2012, and of which
$2,156,731,000 shall remain available until September 30,
2014: Provided, That there may be credited to this
appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That upon initial submission to the
Congress of the fiscal year 2013 President's budget, the
Secretary of Transportation shall transmit to the Congress a
comprehensive capital investment plan for the Federal
Aviation Administration which includes funding for each
budget line item for fiscal years 2013 through 2017, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by
the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$157,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2014:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$4,691,000,000 to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,515,000,000 in fiscal year 2012,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding any other provision of law, of funds limited
under this heading, not more than $101,000,000 shall be
obligated for administration, not less than $15,000,000 shall
be available for the airport cooperative research program,
not less than $29,250,000 shall be for Airport Technology
Research and $6,000,000, to remain available until expended,
shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small
Community Air Service Development Program.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2012.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or
[[Page S6962]]
to grant assurances that require airport sponsors to provide
land without cost to the FAA for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303: Provided, That during fiscal year 2012, 49
U.S.C. 41742(b) shall not apply, and any amount remaining in
such account at the close of that fiscal year may be made
available to satisfy section 41742(a)(1) for the subsequent
fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds limited by this Act for grants
under the Airport Improvement Program shall be made available
to the sponsor of a commercial service airport if such
sponsor fails to agree to a request from the Secretary of
Transportation for cost-free space in a nonrevenue producing,
public use area of the airport terminal or other airport
facilities for the purpose of carrying out a public service
air passenger rights and consumer outreach campaign.
Sec. 115. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 116. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 117. The Secretary shall apportion to the sponsor of
an airport that received scheduled or unscheduled air service
from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other
regulations as may be issued by the Secretary under the
authority of section 41709) an amount equal to the minimum
apportionment specified in 49 U.S.C. 47114(c), if the
Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on
data submitted to the Secretary under part 241 of title 14,
Code of Federal Regulations.
Sec. 118. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Deputy Assistant Secretary for Administration
of the Department of Transportation.
Sec. 119. Subparagraph (D) of section 47124(b)(3) of title
49, United States Code, is amended by striking ``benefit.''
and inserting ``benefit, with the maximum allowable local
cost share capped at 20 percent.''.
Sec. 119A. Notwithstanding any other provision of law,
none of the funds made available under this Act or any prior
Act may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 119B. (a) Compensation for Federal Employees.--Any
Federal employees furloughed as a result of the lapse in
expenditure authority from the Airport and Airway Trust Fund
after 11:59 p.m. on July 22, 2011, through August 5, 2011,
may be compensated for the period of that lapse at their
standard rates of compensation, as determined under policies
established by the Secretary of Transportation.
(b) Ratification of Essential Actions.--All actions taken
by Federal employees, contractors, and grantees for the
purposes of maintaining the essential level of Government
operations, services, and activities to protect life and
property and to bring about orderly termination of Government
functions during the lapse in expenditure authority from the
Airport and Airway Trust Fund after 11:59 p.m. on July 22,
2011, through August 5, 2011, are hereby ratified and
approved, if otherwise in accord with the provisions of the
Airport and Airway Extension Act of 2011, part IV (Public Law
112-27).
(c) Trust Fund Code.--Paragraph (1) of section 9502(d) of
the Internal Revenue Code of 1986 (26 U.S.C. 9502(d)(1)) is
amended by inserting ``or the Department of Transportation
Appropriations Act, 2012'' before the semicolon at the end of
subparagraph (A).
Federal Highway Administration
federal-aid highways
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $415,533,000, together with advances and
reimbursements received by the Federal Highway
Administration, shall be paid in accordance with law from
appropriations made available by this Act to the Federal
Highway Administration for necessary expenses for
administration and operation. In addition, not to exceed
$3,220,000 shall be paid from appropriations made available
by this Act and transferred to the Appalachian Regional
Commission in accordance with section 104 of title 23, United
States Code.
limitation on obligations
(highway trust fund)
None of the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $41,107,000,000 for Federal-aid
highways and highway safety construction programs for fiscal
year 2012: Provided, That within the $41,107,000,000
obligation limitation on Federal-aid highways and highway
safety construction programs, not more than $429,800,000
shall be available for the implementation or execution of
programs for transportation research (chapter 5 of title 23,
United States Code; sections 111, 5505, and 5506 of title 49,
United States Code; and title 5 of Public Law 109-59) for
fiscal year 2012: Provided further, That this limitation on
transportation research programs shall not apply to any
authority previously made available for obligation: Provided
further, That the Secretary may, as authorized by section
605(b) of title 23, United States Code, collect and spend
fees to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
liquidation of contract authorization
(highway trust fund)
For carrying out the provisions of title 23, United States
Code, that are attributable to Federal-aid highways, not
otherwise provided, including reimbursement for sums expended
pursuant to the provisions of 23 U.S.C. 308, $41,846,000,000
or so much thereof as may be available in and derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
emergency relief
For an additional amount for the Emergency Relief Program
as authorized under section 125 of title 23, United States
Code, $1,900,000,000, to remain available until expended, for
expenses resulting from a major disaster designated pursuant
to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122(2)): Provided, That
notwithstanding section 125(d)(1) of title 23, United States
Code, for an event resulting from a disaster eligible under
section 125 of title 23, United States Code, in a State
occurring in fiscal years 2011 or 2012, the Secretary of
Transportation may obligate under the Emergency Relief
Program more than $100,000,000 for eligible expenses:
Provided further, That notwithstanding section 120 of title
23, United States Code, for expenses resulting from a
disaster eligible under section 125 of title 23, United
States Code, occurring in fiscal years 2011 or 2012, the
Secretary shall extend the time period in 120(e) in
consideration of any delay in the State's ability to access
damaged facilities to evaluate damage and estimate the cost
of repair: Provided further, That notwithstanding sections
120(a) and 120(b) of title 23, United States Code, the
Federal share for permanent repairs resulting from a disaster
eligible under section 125 of title 23, United States Code,
occurring in fiscal years 2011 or 2012 may be up to 100
percent at the Secretary's discretion if the eligible
expenses incurred by a State due to such a disaster exceeds
twice the State's annual apportionment under the Federal-aid
Highway program for the year in which the disaster occurred:
Provided further, That the amount provided under this heading
is designated by Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177), as
amended.
rescission
Of unobligated balances of funds made available for
obligation from the general fund of the Treasury for programs
administered by the Federal Highway Administration in Public
Laws 91-605, 93-87, 93-643, 94-280, 96-131, 97-424, 98-8, 98-
473, 99-190, 100-17, 100-202, 100-457, 101-164, 101-516, 102-
143, 102-240, 103-122, 103-331, 106-346, 107-87, 108-7 and
108-199, excluding any unobligated balance of funds provided
for the Appalachian Development Highway System, $73,000,000
are permanently rescinded.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2012, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways amounts authorized for administrative
expenses and programs by section 104(a) of title 23, United
States Code; programs funded from the administrative takedown
authorized by section 104(a)(1) of title 23, United States
Code (as in effect on the date before the date of enactment
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users); the highway use tax evasion
program; and the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highways and highway safety programs for previous fiscal
years the funds for which are allocated by the Secretary;
(3) determine the ratio that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2), bears to
(B) the total of the sums authorized to be appropriated for
Federal-aid highways and highway safety construction programs
(other than sums authorized to be appropriated for provisions
of law described in paragraphs (1) through (9) of subsection
(b) and sums authorized to be appropriated for section 105 of
title 23, United States Code, equal to the amount referred to
in subsection (b)(10) for such fiscal year), less the
[[Page S6963]]
aggregate of the amounts not distributed under paragraphs (1)
and (2) of this subsection;
(4)(A) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users; sections 117 and section
144(g) of title 23, United States Code; and section 14501 of
title 40, United States Code, so that the amount of
obligation authority available for each of such sections is
equal to the amount determined by multiplying the ratio
determined under paragraph (3) by the sums authorized to be
appropriated for that section for the fiscal year; and
(B) distribute $2,000,000,000 for section 105 of title 23,
United States Code;
(5) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraph (4), for each of the programs
that are allocated by the Secretary under the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users and title 23, United States Code (other than
to programs to which paragraphs (1) and (4) apply), by
multiplying the ratio determined under paragraph (3) by the
amounts authorized to be appropriated for each such program
for such fiscal year; and
(6) distribute the obligation limitation provided for
Federal-aid highways, less the aggregate amounts not
distributed under paragraphs (1) and (2) and amounts
distributed under paragraphs (4) and (5), for Federal-aid
highways and highway safety construction programs (other than
the amounts apportioned for the equity bonus program, but
only to the extent that the amounts apportioned for the
equity bonus program for the fiscal year are greater than
$2,639,000,000, and the Appalachian development highway
system program) that are apportioned by the Secretary under
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users and title 23, United States
Code, in the ratio that--
(A) amounts authorized to be appropriated for such programs
that are apportioned to each State for such fiscal year, bear
to
(B) the total of the amounts authorized to be appropriated
for such programs that are apportioned to all States for such
fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations:
(1) under section 125 of title 23, United States Code;
(2) under section 147 of the Surface Transportation
Assistance Act of 1978;
(3) under section 9 of the Federal-Aid Highway Act of 1981;
(4) under subsections (b) and (j) of section 131 of the
Surface Transportation Assistance Act of 1982;
(5) under subsections (b) and (c) of section 149 of the
Surface Transportation and Uniform Relocation Assistance Act
of 1987;
(6) under sections 1103 through 1108 of the Intermodal
Surface Transportation Efficiency Act of 1991;
(7) under section 157 of title 23, United States Code, as
in effect on the day before the date of the enactment of the
Transportation Equity Act for the 21st Century;
(8) under section 105 of title 23, United States Code, as
in effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years;
(9) for Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century or subsequent public laws for
multiple years or to remain available until used, but only to
the extent that the obligation authority has not lapsed or
been used;
(10) under section 105 of title 23, United States Code, but
only in an amount equal to $639,000,000 for each of fiscal
years 2005 through 2010; and
(11) under section 1603 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users, to
the extent that funds obligated in accordance with that
section were not subject to a limitation on obligations at
the time at which the funds were initially made available for
obligation.
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year, revise a distribution of the
obligation limitation made available under subsection (a) if
the amount distributed cannot be obligated during that fiscal
year, and redistribute sufficient amounts to those States
able to obligate amounts in addition to those previously
distributed during that fiscal year, giving priority to those
States having large unobligated balances of funds apportioned
under sections 104 and 144 of title 23, United States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--The obligation limitation
shall apply to transportation research programs carried out
under chapter 5 of title 23, United States Code, and title V
(research title) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users,
except that obligation authority made available for such
programs under such limitation shall remain available for a
period of 3 fiscal years and shall be in addition to the
amount of any limitation imposed on obligations for Federal-
aid highway and highway safety construction programs for
future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
the distribution of obligation limitation under subsection
(a), the Secretary shall distribute to the States any funds
that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States, and will not be available for obligation, in such
fiscal year due to the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same ratio as the distribution of obligation authority
under subsection (a)(6).
(3) Availability.--Funds distributed under paragraph (1)
shall be available for any purposes described in section
133(b) of title 23, United States Code.
(f) Special Limitation Characteristics.--Obligation
limitation distributed for a fiscal year under subsection
(a)(4) for the provision specified in subsection (a)(4)
shall--
(1) remain available until used for obligation of funds for
that provision; and
(2) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(g) Limitation on Statutory Construction.--Nothing in this
section shall be construed to limit the distribution of
obligation authority under subsection (a)(4)(A) for each of
the individual projects numbered greater than 3676 listed in
the table contained in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to 49
U.S.C. 111 may be credited to the Federal-aid Highways
account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid Highways and highway
safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his statutory authority, any Buy America requirement for
Federal-aid highway projects, the Secretary of Transportation
shall make an informal public notice and comment opportunity
on the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report
to the House and Senate Committees on Appropriations on any
waivers granted under the Buy America requirements.
Sec. 123. (a) In General.--Except as provided in subsection
(b), none of the funds made available, limited, or otherwise
affected by this Act shall be used to approve or otherwise
authorize the imposition of any toll on any segment of
highway located on the Federal-aid system in the State of
Texas that--
(1) as of the date of enactment of this Act, is not tolled;
(2) is constructed with Federal assistance provided under
title 23, United States Code; and
(3) is in actual operation as of the date of enactment of
this Act.
(b) Exceptions.--
(1) Number of toll lanes.--Subsection (a) shall not apply
to any segment of highway on the Federal-aid system described
in that subsection that, as of the date on which a toll is
imposed on the segment, will have the same number of nontoll
lanes as were in existence prior to that date.
(2) High-occupancy vehicle lanes.--A high-occupancy vehicle
lane that is converted to a toll lane shall not be subject to
this section, and shall not be considered to be a nontoll
lane for purposes of determining whether a highway will have
fewer nontoll lanes than prior to the date of imposition of
the toll, if--
(A) high-occupancy vehicles occupied by the number of
passengers specified by the entity operating the toll lane
may use the toll lane without paying a toll, unless otherwise
specified by the appropriate county, town, municipal or other
local government entity, or public toll road or transit
authority; or
(B) each high-occupancy vehicle lane that was converted to
a toll lane was constructed as a temporary lane to be
replaced by a toll lane under a plan approved by the
appropriate county, town, municipal or other local government
entity, or public toll road or transit authority.
Sec. 124. Of the funds made available in fiscal year 2012
for the Surface Transportation Research, Development, and
Deployment Program, the Secretary of Transportation shall
transfer $5,000,000 to the Bureau of Transportation
Statistics to carry out section 111 of title 49, United
States Code: Provided, That an equivalent amount of fiscal
year 2012 obligation limitation associated with the funds to
be transferred shall also be transferred.
Sec. 125. Section 127(a)(11) of title 23, United States
Code, is amended to read as follows:
``(11)(A) With respect to all portions of the Interstate
Highway System in the State of Maine, laws (including
regulations) of that State concerning vehicle weight
limitations applicable to other State highways shall be
applicable in lieu of the requirements under this subsection.
``(B) With respect to all portions of the Interstate
Highway System in the State of Vermont, laws (including
regulations) of that State concerning vehicle weight
limitations applicable to other State highways shall be
applicable in lieu of the requirements under this
subsection.''.
Sec. 126. Section 112 of the Surface and Air
Transportation Programs Extension Act of 2011 is amended by
striking ``$196,427,625'' and inserting ``an amount equal to
one-half the sum authorized for such purpose for fiscal year
2011 by section 412(a)(2) of the Surface Transportation
Extension Act of 2010''.
Sec. 127. Any road, highway, or bridge that is in
operation for less than 30 years or under construction,
damaged by an emergency declared by the Governor of the State
and concurred in by the Secretary, or declared by the
President pursuant to the Robert T. Stafford Disaster Relief
[[Page S6964]]
and Emergency Assistance Act (42 U.S.C. 5121), may be
reconstructed in the same location with the same capacity,
dimensions, and design as before the emergency and shall be
exempt from any environmental reviews, approvals, licensing,
and permit requirements under--
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) sections 402 and 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1342, 1344);
(3) the National Historic Preservation Act (16 U.S.C. 470
et seq.);
(4) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
(5) the Wild and Scenic Rivers Act (16 U.S.C. 1271 et
seq.);
(6) the Fish and Wildlife Coordination Act (16 U.S.C. 661
et seq.);
(7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.), except when the reconstruction occurs in designated
critical habitat for threatened and endangered species;
(8) Executive Order 11990 (42 U.S.C. 4321 note; relating to
the protection of wetlands); and
(9) any Federal law (including regulations) requiring no
net loss of wetlands.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31104(i) of title
49, United States Code, and sections 4127 and 4134 of Public
Law 109-59, $250,023,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account), together
with advances and reimbursements received by the Federal
Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That none of the
funds derived from the Highway Trust Fund in this Act shall
be available for the implementation, execution or
administration of programs, the obligations for which are in
excess of $250,023,000, for ``Motor Carrier Safety Operations
and Programs'' of which $8,543,000, to remain available for
obligation until September 30, 2014, is for the research and
technology program and $1,000,000 shall be available for
commercial motor vehicle operator's grants to carry out
section 4134 of Public Law 109-59: Provided further, That
notwithstanding any other provision of law, none of the funds
under this heading for outreach and education shall be
available for transfer: Provided further, That the Federal
Motor Carrier Safety Administration shall transmit to
Congress a report on March 30, 2012, and September 30, 2012,
on the agency's ability to meet its requirement to conduct
compliance reviews on high-risk carriers.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including rescission)
For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313
of title 49, United States Code, and sections 4126 and 4128
of Public Law 109-59, $307,000,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds in this Act shall be available for the
implementation or execution of programs, the obligations for
which are in excess of $307,000,000, for ``Motor Carrier
Safety Grants''; of which $212,000,000 shall be available for
the motor carrier safety assistance program to carry out
sections 31102 and 31104(a) of title 49, United States Code;
$30,000,000 shall be available for the commercial driver's
license improvements program to carry out section 31313 of
title 49, United States Code; $32,000,000 shall be available
for the border enforcement grants program to carry out
section 31107 of title 49, United States Code; $5,000,000
shall be available for the performance and registration
information system management program to carry out sections
31106(b) and 31109 of title 49, United States Code;
$25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program to carry
out section 4126 of Public Law 109-59; and $3,000,000 shall
be available for the safety data improvement program to carry
out section 4128 of Public Law 109-59: Provided further,
That of the funds made available for the motor carrier safety
assistance program, $32,000,000 shall be available for audits
of new entrant motor carriers: Provided further, That of the
prior year unobligated balances for the commercial vehicle
information systems and networks deployment program,
$1,000,000 is permanently rescinded.
administrative provision--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28, including that the Secretary submit a report to the House
and Senate Appropriations Committees annually on the safety
and security of transportation into the United States by
Mexico-domiciled motor carriers.
Sec. 131. Notwithstanding any other provision of law,
States receiving funds for core or expanded deployment
activities under the Commercial Vehicle Information Systems
and Networks program pursuant to sections 4101(c)(4) and 4126
of Public Law 109-59 that did not meet award eligibility
requirements set forth in section 4126; received grant
amounts in excess of the maximum amounts specified in
sections 4126(c)(2) or 4126(d)(3); or were awarded grants
either prior to or after the expiration of the period of
performance specified in a grant agreement, shall not be
required to repay grant amounts received in error under such
sections and, in addition, shall be reimbursed for core or
expanded deployment expenditures such States made before the
date of the enactment of this Act in reliance on a grant
awarded in error under such sections.
Sec. 132. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety under
subtitle C of title X of Public Law 109-59 and chapter 301
and part C of subtitle VI of title 49, United States Code,
$140,146,000, of which $20,000,000 shall remain available
through September 30, 2013.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States Code, $109,500,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2012, are in excess of $109,500,000 for programs
authorized under 23 U.S.C. 403 and chapter 303 of title 49,
United States Code: Provided further, That within the
$109,500,000 obligation limitation for operations and
research, $20,000,000 shall remain available until September
30, 2013 and shall be in addition to the amount of any
limitation imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 402, 405, 406, 408, and 410 and
sections 2001(a)(11), 2009, 2010, and 2011 of Public Law 109-
59, to remain available until expended, $550,328,000 to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2012, are in excess of $550,328,000 for programs authorized
under 23 U.S.C. 402, 405, 406, 408, and 410 and sections
2001(a)(11), 2009, 2010, and 2011 of Public Law 109-59, of
which $235,000,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
Protection Incentive Grants'' under 23 U.S.C. 405;
$48,500,000 shall be for ``Safety Belt Performance Grants''
under 23 U.S.C. 406, and such obligation limitation shall
remain available until September 30, 2013 in accordance with
subsection (f) of such section 406 and shall be in addition
to the amount of any limitation imposed on obligations for
such grants for future fiscal years, of which up to
$10,000,000 may be made available by the Secretary as grants
to States that enact and enforce laws to prevent distracted
driving; $34,500,000 shall be for ``State Traffic Safety
Information System Improvements'' under 23 U.S.C. 408;
$139,000,000 shall be for ``Alcohol-Impaired Driving
Countermeasures Incentive Grant Program'' under 23 U.S.C.
410; $25,328,000 shall be for ``Administrative Expenses''
under section 2001(a)(11) of Public Law 109-59; $29,000,000
shall be for ``High Visibility Enforcement Program'' under
section 2009 of Public Law 109-59; $7,000,000 shall be for
``Motorcyclist Safety'' under section 2010 of Public Law 109-
59; and $7,000,000 shall be for ``Child Safety and Child
Booster Seat Safety Incentive Grants'' under section 2011 of
Public Law 109-59: Provided further, That of the funds made
available for grants to States that enact and enforce laws to
prevent distracted driving, up to $5,000,000 may be available
for the development, production, and use of broadcast and
print media advertising for distracted driving prevention:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for section 410
``Alcohol-Impaired Driving Countermeasures Grants'' shall be
available for technical assistance to the States: Provided
further, That not to exceed $750,000 of the funds made
available for the ``High Visibility Enforcement Program''
shall be available for the evaluation required under section
2009(f) of Public Law 109-59: Provided further, That of the
amounts made available under this heading for ``Safety Belt
Performance Grants'', $25,000,000 shall be available until
expended for the modernization of the National Automotive
Sampling System (NASS), and $5,000,000 shall be available for
the development of the Driver Alcohol Detection System for
Safety (DADSS), and $8,500,000 shall be available for ``State
Traffic Safety Information System Improvements'' under 23
U.S.C. 408.
[[Page S6965]]
administrative provisions--national highway traffic safety
administration
Sec. 140. Notwithstanding any other provision of law or
limitation on the use of funds made available under section
403 of title 23, United States Code, an additional $130,000
shall be made available to the National Highway Traffic
Safety Administration, out of the amount limited for section
402 of title 23, United States Code, to pay for travel and
related expenses for State management reviews and to pay for
core competency development training and related expenses for
highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws for
multiple years but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $176,596,000, of
which $12,300,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $30,000,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue to
the Secretary of the Treasury notes or other obligations
pursuant to section 512 of the Railroad Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, in such amounts and at such times as may be
necessary to pay any amounts required pursuant to the
guarantee of the principal amount of obligations under
sections 511 through 513 of such Act, such authority to exist
as long as any such guaranteed obligation is outstanding:
Provided, That pursuant to section 502 of such Act, as
amended, no new direct loans or loan guarantee commitments
shall be made using Federal funds for the credit risk premium
during fiscal year 2012.
operating subsidy grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation for the
operation of intercity passenger rail, as authorized by
section 101 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432), $544,000,000,
to remain available until expended: Provided, That the
amounts available under this paragraph shall be available for
the Secretary to approve funding to cover operating losses
for the Corporation only after receiving and reviewing a
grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by
a detailed financial analysis, revenue projection, and
capital expenditure projection justifying the Federal support
to the Secretary's satisfaction: Provided further, That not
later than 60 days after enactment of this Act, the
Corporation shall transmit, in electronic format, to the
Secretary, the House and Senate Committees on Appropriations,
the House Committee on Transportation and Infrastructure and
the Senate Committee on Commerce, Science, and Transportation
the annual budget and business plan and the 5-Year Financial
Plan for fiscal year 2012 required under section 204 of the
Passenger Rail Investment and Improvement Act of 2008:
Provided further, That the budget, business plan, and the 5-
Year Financial Plan shall also include a separate accounting
of ridership, revenues, and capital and operating expenses
for the Northeast Corridor; commuter service; long-distance
Amtrak service; State-supported service; each intercity train
route, including Autotrain; and commercial activities
including contract operations: Provided further, That the
budget, business plan and the 5-Year Financial Plan shall
include a description of work to be funded, along with cost
estimates and an estimated timetable for completion of the
projects covered by these plans: Provided further, That the
budget, business plan and the 5-Year Financial Plan shall
include annual information on the maintenance, refurbishment,
replacement, and expansion for all Amtrak rolling stock
consistent with the comprehensive fleet plan: Provided
further, That the Corporation shall provide semiannual
reports in electronic format regarding the pending business
plan, which shall describe the work completed to date, any
changes to the business plan, and the reasons for such
changes, and shall identify all sole-source contract awards
which shall be accompanied by a justification as to why said
contract was awarded on a sole-source basis: Provided
further, That the Corporation's budget, business plan, 5-Year
Financial Plan, semiannual reports, and all subsequent
supplemental plans shall be displayed on the Corporation's
Web site within a reasonable timeframe following their
submission to the appropriate entities: Provided further,
That none of the funds under this heading may be obligated or
expended until the Corporation agrees to continue abiding by
the provisions of paragraphs 1, 2, 5, 9, and 11 of the
summary of conditions for the direct loan agreement of June
28, 2002, in the same manner as in effect on the date of
enactment of this Act: Provided further, That the
Corporation shall submit to the House and Senate Committees
on Appropriations a budget request for fiscal year 2013 in
similar format and substance to those submitted by executive
agencies of the Federal Government.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by section 101(c) and 219(b) of the
Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), $936,778,000, to remain
available until expended, of which not to exceed $271,000,000
shall be for debt service obligations as authorized by
section 102 of such Act: Provided, That after an initial
distribution of up to $200,000,000, which shall be used by
the Corporation as a working capital account, all remaining
funds shall be provided to the Corporation only on a
reimbursable basis: Provided further, That the Secretary may
retain up to one-fourth of 1 percent of the funds provided
under this heading to fund the costs of project management
oversight of capital projects funded by grants provided under
this heading, as authorized by subsection 101(d) of division
B of Public Law 110-432: Provided further, That the
Secretary shall approve funding for capital expenditures,
including advance purchase orders of materials, for the
Corporation only after receiving and reviewing a grant
request for each specific capital project justifying the
Federal support to the Secretary's satisfaction: Provided
further, That none of the funds under this heading may be
used to subsidize operating losses of the Corporation:
Provided further, That none of the funds under this heading
may be used for capital projects not approved by the
Secretary of Transportation or on the Corporation's fiscal
year 2012 business plan.
capital assistance for high speed rail corridors and intercity
passenger rail service
To enable the Secretary of Transportation to make grants
for high-speed rail projects as authorized under section
26106 of title 49, United States Code, capital investment
grants to support intercity passenger rail service as
authorized under section 24406 of title 49, United States
Code, and congestion grants as authorized under section 24105
of title 49, United States Code, and to enter into
cooperative agreements for these purposes as authorized,
$100,000,000, to remain available until expended: Provided,
That the Administrator of the Federal Railroad Administration
may retain up to 2 percent of the funds provided under this
heading to fund the award and oversight by the Administrator
of grants and cooperative agreements for intercity and high-
speed rail: Provided further, That funds provided under this
paragraph are available to the Administrator for the purposes
of conducting research and demonstrating technologies
supporting the development of high-speed rail in the United
States, including the demonstration of next-generation
rolling stock fleet technology and the implementation of the
Rail Cooperative Research Program authorized by section 24910
of title 49, United States Code: Provided further, That
funds provided under this paragraph may be used for planning
activities that lead directly to the development of a
passenger rail corridor investment plan consistent with the
requirements established by the Administrator or a State rail
plan consistent with chapter 227 of title 49, United States
Code: Provided further, That funds made available for
planning activities under the previous proviso may be used to
facilitate the preparation of a service development plan and
related environmental impact statement for high-speed
corridors located in multiple States: Provided further, That
the Federal share payable of the costs for which a grant or
cooperative agreements is made under this heading shall not
exceed 80 percent: Provided further, That in addition to the
provisions of title 49, United States Code, that apply to
each of the individual programs funded under this heading,
subsections 24402(a)(2), 24402(f), 24402(i), and 24403(a) and
(c) of title 49, United States Code, shall also apply to the
provision of funds provided under this heading: Provided
further, That a project need not be in a State rail plan
developed under chapter 227 of title 49, United States Code,
to be eligible for assistance under this heading: Provided
further, That recipients of grants under this paragraph shall
conduct all procurement transactions using such grant funds
in a manner that provides full and open competition, as
determined by the Secretary, in compliance with existing
labor agreements.
administrative provisions--federal railroad administration
Sec. 150. Hereafter, notwithstanding any other provision
of law, funds provided in this Act for the National Railroad
Passenger Corporation shall immediately cease to be available
to said Corporation in the event that the Corporation
contracts to have services provided at or from any location
outside the United States. For purposes of this section, the
word ``services'' shall mean any service that was, as of July
1, 2006, performed by a full-time or part-time Amtrak
employee whose base of employment is located within the
United States.
Sec. 151. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third-party liability for such damages, and any amounts
collected under this section shall be credited directly to
the Railroad Safety and Operations account of the Federal
Railroad Administration, and shall remain available until
expended for the repair, operation and maintenance of
automated track inspection cars and equipment in connection
with the automated track inspection program.
Sec. 152. Notwithstanding any other provisions of law,
rule or regulation, the Secretary of Transportation is
authorized to allow the issuer
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of any preferred stock heretofore sold to the Department to
redeem or repurchase such stock upon the payment to the
Department of an amount determined by the Secretary.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $98,713,000: Provided, That
none of the funds provided or limited in this Act may be used
to create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2013 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on New Starts, including proposed allocations
of funds for fiscal year 2013.
formula and bus grants
(liquidation of contract authority)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of
Public Law 105-178, as amended, $9,400,000,000 to be derived
from the Mass Transit Account of the Highway Trust Fund and
to remain available until expended: Provided, That funds
available for the implementation or execution of programs
authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310,
5311, 5316, 5317, 5320, 5335, 5339, and 5340 and section 3038
of Public Law 105-178, as amended, shall not exceed total
obligations of $8,360,565,000 in fiscal year 2012.
research and university research centers
For necessary expenses to carry out 49 U.S.C. 5306, 5312-
5315, 5322, and 5506, $40,000,000, to remain available until
expended: Provided, That $9,000,000 is available to carry
out the transit cooperative research program under section
5313 of title 49, United States Code, $4,100,000 is available
for the National Transit Institute under section 5315 of
title 49, United States Code, and $6,500,000 is available for
university transportation centers program under section 5506
of title 49, United States Code: Provided further, That
$25,400,000 is available to carry out national research
programs under sections 5312, 5313, 5314, and 5322 of title
49, United States Code.
capital investment grants
(including rescission and transfer of funds)
For necessary expenses to carry out section 5309 of title
49, United States Code, $1,955,000,000, to remain available
until expended, of which $38,000,000 shall be available to
carry out section 5309(e) of such title: Provided, That not
less than $510,000,000 shall be available for preliminary
engineering, final design, and construction of projects
expected to receive a Full Funding Grant Agreements during
calendar year 2012: Provided further, That the funds awarded
for preliminary engineering and final design under such a
grant shall be made available to cover those costs
immediately upon grant award: Provided further, That of the
funds appropriated under this heading in Public Law 111-8,
$27,000,000 are hereby rescinded.
grants for energy efficiency and greenhouse gas reductions
For grants to public transit agencies for capital
investments that will reduce the energy consumption or
greenhouse gas emissions of their public transportation
systems, $25,000,000, to remain available through September
30, 2014: Provided, That priority shall be given to projects
that use innovative and potentially replicable approaches to
reducing energy consumption or greenhouse gas emissions.
washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary shall approve grants
for capital and preventive maintenance expenditures for the
Washington Metropolitan Area Transit Authority only after
receiving and reviewing a request for each specific project:
Provided further, That prior to approving such grants, the
Secretary shall determine that the Washington Metropolitan
Area Transit Authority has placed the highest priority on
those investments that will improve the safety of the system.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the Federal
Transit Administration's discretionary program appropriations
headings for projects specified in this Act or identified in
reports accompanying this Act not obligated by September 30,
2014, and other recoveries, shall be directed to projects
eligible to use the funds for the purposes for which they
were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2011, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law,
unobligated funds made available for new fixed guideway
system projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations Act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 164. In addition to the amounts made available under
section 5327(c)(1) of title 49, United States Code, the
Secretary may use, for program management activities
described in section 5327(c)(2), 1 percent of the amount made
available to carry out section 5316 of title 49, United
States Code: Provided, That funds made available for program
management oversight shall be used to oversee the compliance
of a recipient or subrecipient of Federal transit assistance
consistent with activities identified under section
5327(c)(2) and for purposes of enforcement.
Sec. 165. (a) Notwithstanding any other provision of law,
unobligated funds or recoveries under section 5309 of title
49, United States Code, that are available to the Secretary
of Transportation for reallocation shall be directed to
projects eligible to use the funds for the purposes for which
they were originally provided.
Sec. 166. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(6)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities.
Sec. 167. Hereafter, the Secretary may not enforce
regulations related to charter bus service under part 604 of
title 49, Code of Federal Regulations, for any transit agency
who during fiscal year 2008 was both initially granted a 60-
day period to come into compliance with part 604, and then
was subsequently granted an exception from said part.
Sec. 168. Hereafter, for purposes of applying the project
justification and local financial commitment criteria of 49
U.S.C. 5309(d) to a New Starts project, the Secretary may
consider the costs and ridership of any connected project in
an instance in which private parties are making significant
financial contributions to the construction of the connected
project; additionally, the Secretary may consider the
significant financial contributions of private parties to the
connected project in calculating the non-Federal share of net
capital project costs for the New Starts project.
Sec. 169. Hereafter, all bus new fixed guideway capital
projects recommended in the President's fiscal year 2012
budget request for funds appropriated under the Capital
Investment Grants heading in this Act or any other Act shall
be funded instead from amounts allocated under 49 U.S.C.
5309(m)(2)(C): Provided, That all such projects shall remain
subject to the appropriate requirements of 49 U.S.C. 5309(d)
and (e).
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses for operations, maintenance, and
capital asset renewal of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $34,000,000, to be derived
from the Harbor Maintenance Trust Fund, pursuant to Public
Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $174,000,000, to remain available until
expended.
operations and training
(including rescission)
For necessary expenses of operations and training
activities authorized by law, $154,886,000, of which
$11,100,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $2,400,000 shall remain available
through September 30, 2013 for Student Incentive Program
payments at State Maritime Academies, and of which
$22,485,000 shall remain available until expended for
facilities maintenance and repair, equipment, and capital
improvements at the United State Merchant Marine Academy:
Provided, That amounts apportioned for the United States
Merchant Marine Academy shall be available only upon
allotments made personally by the Secretary of Transportation
or the Assistant Secretary for Budget and Programs: Provided
further, That the Superintendent, Deputy Superintendent and
the Director of the Office of Resource Management of the
United State Merchant Marine Academy may not be allotment
holders for the United States Merchant Marine Academy, and
the Administrator of the Maritime Administration shall hold
all allotments made by the Secretary of Transportation or the
Assistant Secretary for Budget and Programs under the
previous proviso: Provided further, That 50 percent of the
funding made available for the United States Merchant Marine
Academy under this heading shall be available only after the
Secretary, in consultation with the Superintendent and the
Maritime Administrator, completes a plan detailing by program
or activity how such funding will be expended at the Academy,
and this plan is submitted to the House and Senate
[[Page S6967]]
Committees on Appropriations: Provided further, That of the
prior year unobligated balances under this heading for
information technology requirements of Public Law 111-207,
$1,000,000 are permanently rescinded.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $10,000,000, to remain available until
expended.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 3508 of Public Law 110-417 or section 54101 of title
46, United States Code, $10,000,000, to remain available
until expended: Provided, That to be considered for
assistance, a qualified shipyard shall submit an application
for assistance no later than 60 days after enactment of this
Act: Provided further, That from applications submitted
under the previous proviso, the Secretary of Transportation
shall make grants no later than 120 days after enactment of
this Act in such amounts as the Secretary determines.
maritime guaranteed loan (title xi) program account
(including rescission and transfer of funds)
For the necessary administrative expenses of the maritime
guaranteed loan program, $4,000,000 shall be paid to the
appropriation for ``Operations and Training'', Maritime
Administration: Provided, That of the unobligated balance of
funds made available for obligation under Public Law 110-329
and Public Law 111-118, $35,000,000 are permanently
rescinded.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration, and payments received therefor shall be
credited to the appropriation charged with the cost thereof:
Provided, That rental payments under any such lease,
contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 171. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall
hereafter be used to make a determination of the
nonavailability of qualified United States flag capacity for
purposes of 46 U.S.C. 501(b) for the transportation of crude
oil distributed from the Strategic Petroleum Reserve unless
as part of that determination the Secretary of
Transportation, after consultation with representatives from
the United States flag maritime industry, provides to the
Secretary of Homeland Security a list of United States flag
vessels with single or collective capacity that may be
capable of providing the requested transportation services
and a written justification for not using such United States
flag vessels.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(pipeline safety fund)
(including transfer of funds)
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $22,158,000, of
which $639,000 shall be derived from the Pipeline Safety
Fund: Provided, That $1,000,000 shall be transferred to
``Pipeline Safety'' in order to fund ``Pipeline Safety
Information Grants to Communities'' as authorized under
section 60130 of title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $39,020,000, of which $1,716,000 shall
remain available until September 30, 2014: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $118,364,000, of which $21,510,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2014; of which
$93,854,000 shall be derived from the Pipeline Safety Fund,
of which $54,265,000 shall remain available until September
30, 2014; of which $3,000,000, to remain available until
expended, shall be derived from the Pipeline Safety Design
Review Fund, as established by this Act.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carry out 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2013: Provided, That
not more than $28,318,000 shall be made available for
obligation in fiscal year 2012 from amounts made available by
49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
none of the funds made available by 49 U.S.C. 5116(i),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or
his designee: Provided further, That unobligated balances of
funds provided under this paragraph not needed for fiscal
year 2012 from the sum made available herein shall remain
available until expended to invest in the data management and
information technology modernization efforts, including
related equipment and non-payroll administrative expenses
associated solely with this information technology and
telecommunications infrastructure.
administrative provision--pipeline and hazardous materials safety
administration
cost recovery for design reviews
Sec. 180. Section 60117(n) of title 49, United States
Code, is amended to read as follows:
``(n) Cost Recovery For Design Reviews.--
``(1) In general.--If the Secretary conducts facility
design safety reviews in connection with a proposal to
construct, expand, or operate a gas or hazardous liquid
pipeline or liquefied natural gas pipeline facility,
including construction inspections and oversight, the
Secretary may require the person or entity proposing the
project to pay the costs incurred by the Secretary relating
to such reviews. If the Secretary exercises the cost recovery
authority described in this section, the Secretary shall
prescribe a fee structure and assessment methodology that is
based on the costs of providing these reviews and shall
prescribe procedures to collect fees under this section. This
authority is in addition to the authority provided in section
60301 of this title.
``(2) Notification.--For any new pipeline construction
project in which the Secretary will conduct design reviews,
the person or entity proposing the project shall notify the
Secretary and provide design specifications, construction
plans and procedures, and related materials at least 120 days
prior to the commencement of construction.
``(3) Deposit and use.--The Secretary shall deposit funds
paid under this subsection into the Pipeline Safety Design
Review Fund. Funds deposited under this section are
authorized to be appropriated for the purposes set forth in
this chapter. Fees authorized under this section shall be
collected and available for obligation only to the extent and
in the amount provided in advance in appropriations acts.''.
Research and Innovative Technology Administration
research and development
For necessary expenses of the Research and Innovative
Technology Administration, $15,981,000, of which $9,007,000
shall remain available until September 30, 2014: Provided,
That there may be credited to this appropriation, to be
available until expended, funds received from States,
counties, municipalities, other public authorities, and
private sources for expenses incurred for training.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $82,409,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out
the duties specified in the Inspector General Act, as amended
(5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the Department: Provided further, That the funds made
available under this heading may be used to investigate,
pursuant to section 41712 of title 49, United States Code:
(1) unfair or deceptive practices and unfair methods of
competition by domestic and foreign air carriers and ticket
agents; and
(2) the compliance of domestic and foreign air carriers
with respect to item (1) of this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $29,310,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2012, to result in a final appropriation from the
general fund estimated at no more than $28,060,000.
General Provisions--Department of Transportation
Sec. 190. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 191. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 192. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 193. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration
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from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account, the
Federal Transit Administration's ``Research and University
Research Centers'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to 49 U.S.C. 20105.
Sec. 194. None of the funds in this Act to the Department
of Transportation may be used to make a grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive a
discretionary grant award, any discretionary grant award,
letter of intent, or full funding grant agreement totaling
$1,000,000 or more is announced by the department or its
modal administrations from:
(1) any discretionary grant program of the Federal Highway
Administration including the emergency relief program;
(2) the airport improvement program of the Federal Aviation
Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration other
than the formula grants and fixed guideway modernization
programs; or
(5) any funding provided under the headings ``National
Infrastructure Investments'' and ``Assistance to Small
Shipyards'' in this Act: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 195. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 196. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify to the House and Senate Committees on Appropriations
of the amount and reasons for such transfer: Provided
further, That for purposes of this section, the term
``improper payments'', has the same meaning as that provided
in section 2(d)(2) of Public Law 107-300.
Sec. 197. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations, said
reprogramming action shall be approved or denied solely by
the Committees on Appropriations: Provided, That the
Secretary may provide notice to other congressional
committees of the action of the Committees on Appropriations
on such reprogramming but not sooner than 30 days following
the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on
Appropriations.
Sec. 198. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the
amount authorized for district court civil suit filing fees
under section 1914 of title 28, United States Code.
This title may be cited as the Department of Transportation
Appropriations Act, 2012.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
administration, operations, and management
For necessary salaries and expenses for administration,
management and operations of the Department of Housing and
Urban Development, $549,499,000, of which not to exceed
$4,610,000 shall be available for the immediate Office of the
Secretary and Deputy Secretary; not to exceed $1,700,000
shall be available for the Office of Hearings and Appeals;
not to exceed $741,000 shall be available for the Office of
Small and Disadvantaged Business Utilization; not to exceed
$47,984,000 shall be available for the Office of the Chief
Financial Officer; not to exceed $94,380,000 shall be
available for the Office of the General Counsel; not to
exceed $2,695,000 shall be available to the Office of
Congressional and Intergovernmental Relations; not to exceed
$3,988,000 shall be available for the Office of Public
Affairs; not to exceed $546,000 shall be available to the
Office of the Chief Operating Officer, not to exceed
$256,744,000 shall be available for the Office of the Chief
Human Capital Officer; not to exceed $10,476,000 shall be
available for the Office of Departmental Operations and
Coordination; not to exceed $47,543,000 shall be available
for the Office of Field Policy and Management; not to exceed
$14,654,000 shall be available for the Office of the Chief
Procurement Officer; not to exceed $3,708,000 shall be
available for the Office of Departmental Equal Employment
Opportunity; not to exceed $1,448,000 shall be available for
the Center for Faith-Based and Community Initiatives; not to
exceed $2,627,000 shall be available for the Office of
Sustainable Housing and Communities; not to exceed $5,605,000
shall be available for the Office of Strategic Planning and
Management; not to exceed $7,415,000 shall be available for
the Office of the Chief Disaster and Emergency Management
Officer; and not to exceed $42,635,000 shall be available for
the Office of the Chief Information Officer: Provided
further, That the Secretary shall provide the Committees on
Appropriations quarterly written notification regarding the
status of pending congressional reports: Provided further,
That the Secretary shall provide all signed reports required
by Congress electronically: Provided further, That not to
exceed $25,000 of the amount made available under this
paragraph for the immediate Office of the Secretary shall be
available for official reception and representation expenses
as the Secretary may determine.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $201,233,000.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development mission area,
$101,076,000.
housing
For necessary salaries and expenses of the Office of
Housing, $392,796,000, of which $8,200,000 shall be for the
Office of Risk and Regulatory Affairs.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $23,016,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $74,766,000.
office of healthy homes and lead hazard control
For necessary salaries and expenses of the Office of
Healthy Homes and Lead Hazard Control, $7,502,000.
rental assistance demonstration
To conduct a demonstration designed to preserve and improve
public housing through the voluntary conversion of properties
with assistance under section 9 of the U.S. Housing Act of
1937, (hereinafter, ``the Act''), to properties with
assistance under a project-based subsidy contract under
section 8 of the Act, which shall be eligible for renewal
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997, or assistance under section
8(o)(13) of the Act, the Secretary may transfer amounts
provided under the headings ``Public Housing Capital Fund''
and ``Public Housing Operating Fund'' to the headings
``Tenant-Based Rental Assistance'' or ``Project-Based Rental
Assistance'': Provided, That project applications may be
received under this demonstration until September 30, 2015:
Provided further, That any increase in cost for ``Tenant-
Based Rental Assistance'' or ``Project-Based Rental
Assistance'' associated with such conversion shall be equal
to amounts transferred from ``Public Housing Capital Fund''
and ``Public Housing Operating Fund'': Provided further,
That not more than 60,000 units shall be converted under the
authority provided under this heading: Provided further,
That tenants of such converted properties shall, at a
minimum, maintain the same rights under such conversion as
those provided under section 9 of the Act: Provided further,
That the Secretary shall select properties from applications
for conversion as part of this demonstration through a
competitive process: Provided further, That in establishing
criteria for such competition, the Secretary shall seek to
demonstrate the feasibility of this conversion model to
recapitalize and operate public housing properties (1) in
different markets and geographic areas, (2) within portfolios
managed by public housing agencies of varying sizes, and (3)
by leveraging other sources of funding to recapitalize
properties: Provided further, That the Secretary shall
provide an opportunity for public comment on draft
eligibility and selection criteria and procedures that will
apply to the selection of properties that will participate in
the demonstration: Provided further, That the Secretary
shall provide an opportunity for comment from residents of
properties to be proposed for participation in the
demonstration to the owners or public housing agencies
responsible for such properties: Provided further, That the
Secretary may waive or specify alternative requirements for
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment) any
provision of section 8(o)(13) or any provision that governs
the use of assistance from which a property is converted
under the demonstration or funds made available under the
headings of ``Public Housing Capital Fund'', ``Public Housing
Operating Fund'', and ``Project-Based Rental Assistance'',
under this Act or any prior Act or any Act enacted during the
period of conversion of assistance under the demonstration
for properties with assistance converted under the
demonstration, upon a finding by the Secretary that any
[[Page S6969]]
such waivers or alternative requirements are necessary for
the effective conversion of assistance under the
demonstration: Provided further, That the Secretary shall
publish by notice in the Federal Register any waivers or
alternative requirements pursuant to the previous proviso no
later than 10 days before the effective date of such notice:
Provided further, That the demonstration may proceed after
the Secretary publishes notice of its terms in the Federal
Register: Provided further, That notwithstanding sections 3
and 16 of the Act, the conversion of assistance under the
demonstration shall not be the basis for re-screening or
termination of assistance or eviction of any tenant family in
a property participating in the demonstration, and such a
family shall not be considered a new admission for any
purpose, including compliance with income targeting
requirements: Provided further, That in the case of a
property with assistance converted under the demonstration
from assistance under section 9 of the Act, section 18 of the
Act shall not apply to a property converting assistance under
the demonstration for all or substantially all of its units,
the Secretary shall require ownership or control of assisted
units by a public or nonprofit entity except as determined by
the Secretary to be necessary pursuant to foreclosure,
bankruptcy, or termination and transfer of assistance for
material violations or substantial default, shall require
long-term renewable use and affordability restrictions for
assisted units, and may allow ownership to be transferred to
a for-profit entity to facilitate the use of tax credits only
if the public housing agency preserves its interest in the
property in a manner approved by the Secretary: Provided
further, That the Secretary may permit transfer of assistance
at or after conversion under the demonstration to replacement
units subject to the requirements in the previous proviso:
Provided further, That the Secretary may establish the
requirements for converted assistance under the demonstration
through contracts, use agreements, regulations, or other
means: Provided further, That the Secretary shall assess and
publish findings regarding the impact of the conversion of
assistance under the demonstration on the preservation and
improvement of public housing, the amount of private sector
leveraging as a result of such conversion, and the effect of
such conversion on tenants.
Public and Indian Housing
tenant-based rental assistance
(including transfer of funds)
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$14,872,357,000, to remain available until expended, shall be
available on October 1, 2011 (in addition to the
$4,000,000,000 previously appropriated under this heading
that will become available on October 1, 2011), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2012: Provided, That of the amounts
made available under this heading are provided as follows:
(1) Not less than $17,143,905,000 shall be available for
renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced
vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act) and including
renewal of other special purpose incremental vouchers:
Provided, That notwithstanding any other provision of law,
from amounts provided under this paragraph and any carryover,
the Secretary for the calendar year 2012 funding cycle shall
provide renewal funding for each public housing agency based
on validated voucher management system (VMS) leasing and cost
data for the prior calendar year and by applying an inflation
factor as established by the Secretary, by notice published
in the Federal Register, and by making any necessary
adjustments for the costs associated with the first-time
renewal of vouchers under this paragraph including tenant
protection and HOPE VI vouchers: Provided further, That none
of the funds provided under this paragraph may be used to
fund a total number of unit months under lease which exceeds
a public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the Moving to Work (MTW) demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this Act), pro
rate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further,
That except as provided in the following provisos, the entire
amount specified under this paragraph (except as otherwise
modified under this Act) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public
housing agencies of their annual budget not later than 60
days after enactment of this Act: Provided further, That the
Secretary may extend the 60-day notification period with the
prior written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing
agencies participating in the Moving to Work demonstration
shall be funded pursuant to their Moving to Work agreements
and shall be subject to the same pro rata adjustments under
the previous provisos: Provided further, That up to
$103,000,000 shall be available only: (1) to adjust the
allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary, in
renewal costs of tenant-based rental assistance resulting
from unforeseen circumstances or from portability under
section 8(r) of the Act; (2) for vouchers that were not in
use during the 12-month period in order to be available to
meet a commitment pursuant to section 8(o)(13) of the Act;
(3) for adjustments for costs associated with HUD-Veterans
Affairs Supportive Housing (HUD-VASH) vouchers; and (4) for
incremental tenant-based assistance for eligible families
currently assisted under the Disaster Voucher Program as
authorized by Public Law 109-148 under this heading and the
Disaster Housing Assistance Program for Hurricanes Ike and
Gustav on the condition that such vouchers will not be re-
issued when families leave the program: Provided further,
That of the amounts made available under this paragraph, up
to $15,000,000 may be transferred to and merged with the
appropriation for ``Transformation Initiative'';
(2) $75,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary may only provide replacement
vouchers for units that were occupied within the previous 24
months that cease to be available as assisted housing,
subject only to the availability of funds: Provided further,
That of the amounts made available under this paragraph,
$10,000,000 shall be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low-vacancy areas and who may have to
pay rents greater than 30 percent of household income, as the
result of (1) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the
Secretary prior to loan prepayment; (2) the expiration of a
rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (3) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the
previous proviso may be provided under the authority of
section 8(t) or section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That the
Secretary shall issue guidance to implement the previous
provisos, including, but not limited to, requirements for
defining eligible at-risk households within 120 days of the
enactment of this Act;
(3) $1,400,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $50,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
Veterans Affairs Supportive Housing vouchers, and other
incremental vouchers: Provided, That no less than
$1,350,000,000 of the amount provided in this paragraph shall
be allocated to public housing agencies for the calendar year
2012 funding cycle based on section 8(q) of the Act (and
related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading from prior fiscal years, notwithstanding the purposes
for which such amounts were appropriated: Provided further,
That amounts provided under this paragraph shall be only for
activities related to the provision of tenant-based rental
assistance authorized under section 8, including related
development activities;
(4) $60,000,000 shall be available for family self-
sufficiency coordinators under section 23 of the Act;
(5) $113,452,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses;
(6) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated
[[Page S6970]]
by the Secretary of the Department of Veterans Affairs, based
on geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over;
(7) $5,000,000 for payments to public housing authorities
to be competitively awarded in order to demonstrate the
effectiveness of leveraging mainstream resources to address
the needs of families and individuals who are homeless or at
risk of homelessness, as defined by the Secretary of Housing
and Urban Development, to be administered by the Secretary in
conjunction with the Department of Health and Human Services
and the Department of Education: Provided, That funds
provided under this paragraph shall be awarded to public
housing authorities that (1) partner with eligible State and
local entities responsible for distributing Temporary
Assistance for Needy Families (TANF) and other health and
human services, as designated by the Secretary of the
Department of Health and Human Services, and (2) partner with
school homelessness liaisons funded through the Department of
Education's Education for Homeless Children and Youth
Program: Provided further, That the funds may also be
available to public housing authorities that partner with
eligible State Medicaid agencies and State behavioral health
entities, as designated by the Secretary of the Department of
Health and Human Services, to provide housing in conjunction
with Medicaid case management, substance abuse treatment, and
mental health services; and
(8) The Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(rescission)
Of the unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading, $200,000,000 are rescinded, to be effected by the
Secretary of Housing and Urban Development no later than
September 30, 2012: Provided, That if insufficient funds
exist under these headings, the remaining balance may be
derived from any other unobligated balances available under
any heading under this title funded in fiscal year 2011 and
prior years: Provided further, That the Secretary shall
notify the Committees on Appropriations of the unobligated
balances used to meet this rescission 30 days in advance of
such rescission: Provided further, That any such balances
governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission: Provided
further, That any obligated balances of contract authority
from fiscal year 1974 and prior that have been terminated
shall be cancelled.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$1,875,000,000, to remain available until September 30, 2015:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2012 the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $10,000,000
shall be to support the ongoing Public Housing Financial and
Physical Assessment activities of the Real Estate Assessment
Center (REAC): Provided further, That of the total amount
provided under this heading, not to exceed $20,000,000 shall
be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing
agencies for emergency capital needs including safety and
security measures necessary to address crime and drug-related
activity as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2012:
Provided further, That of the total amount provided under
this heading $50,000,000 shall be for supportive services,
service coordinator and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided further, That of the
total amount provided under this heading, up to $5,000,000 is
to support the costs of administrative and judicial
receiverships: Provided further, That from the funds made
available under this heading, the Secretary shall provide
bonus awards in fiscal year 2012 to public housing agencies
that are designated high performers.
public housing operating fund
For 2012 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $3,961,850,000, of which $20,000,000 shall
be available until September 30, 2013: Provided, That in
determining public housing agencies', including Moving to
Work agencies', calendar year 2012 funding allocations under
this heading, the Secretary shall take into account public
housing agencies' excess operating fund reserves, as
determined by the Secretary: Provided further, That Moving
to Work agencies shall receive a pro-rata reduction
consistent with their peer groups: Provided further, That no
public housing agency shall be left with less than $100,000
in operating reserves: Provided further, That the Secretary
shall not offset excess reserves by more than $750,000,000:
Provided further, That in implementing such allocation
reductions, the Secretary shall establish a process by which
public housing agencies can appeal the initial allocation
amounts and the Secretary shall consider adjustments based on
such factors, including prior funding reservations,
commitments related to mixed finance developments, or
reporting errors: Provided further, That the Secretary shall
notify public housing agencies of such process and what
documentation may be required as part of such appeal:
Provided further, That following the appeals process
established under the previous two provisos, the Secretary
shall make final allocations: Provided further, That of the
amount provided under this heading up to $20,000,000 may be
set aside to provide assistance to any public housing
authority who encounters financial hardship as a direct
result of an excess reserve offset applied to an allocation
of funding under this heading: Provided further, That the
Secretary shall provide flexibility to public housing
agencies to use excess operating reserves for capital
improvements.
choice neighborhoods
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $120,000,000, to
remain available until September 30, 2014: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That
grantees shall undertake comprehensive local planning with
input from residents and the community, and that grantees
shall provide a match in State, local, other Federal or
private funds: Provided further, That grantees may include
local governments, tribal entities, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That of the amount provided, not less than
$80,000,000 shall be awarded to public housing authorities:
Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce and the Administrator of the Environmental
Protection Agency to coordinate and leverage other
appropriate Federal resources: Provided further, That no
more than $5,000,000 of funds made available under this
heading may be provided to assist communities in developing
comprehensive strategies for implementing this program or
implementing other revitalization efforts in conjunction with
community notice and input: Provided further, That the
Secretary shall develop and publish guidelines for the use of
such competitive funds, including but not limited to eligible
activities, program requirements, and performance metrics.
native american housing block grants
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $650,000,000, to remain available until
expended: Provided, That, notwithstanding the Native
American Housing Assistance and Self-Determination Act of
1996, to determine the amount of the allocation under title I
of such Act for each Indian tribe, the Secretary shall apply
the formula under section 302 of such Act with the need
component based on single-race census data and with the need
component based on multi-race census data, and the amount of
the allocation for each Indian tribe shall be the greater of
the two resulting allocation amounts: Provided further, That
of the amounts made available under this heading, $3,500,000
shall be contracted for assistance for a national
organization representing Native American housing interests
for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities
as authorized under NAHASDA; and $4,250,000 shall be to
support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the
training, oversight, and management of such Indian
[[Page S6971]]
housing and tenant-based assistance, including up to $300,000
for related travel: Provided further, That of the amount
provided under this heading, $2,000,000 shall be made
available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying
such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $20,000,000.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $13,000,000, to remain available until expended:
Provided, That of this amount, $300,000 shall be for training
and technical assistance activities, including up to $100,000
for related travel by Hawaii-based HUD employees.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z), $7,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $428,000,000:
Provided further, That up to $750,000 shall be for
administrative contract expenses including management
processes and systems to carry out the loan guarantee
program.
native hawaiian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z) and for such costs for loans used for
refinancing, $386,000, to remain available until expended:
Provided, That such costs, including the costs of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$41,504,000.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $330,000,000, to remain
available until September 30, 2013, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2014: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that were funded under section
854(c)(3) of such Act that meet all program requirements
before awarding funds for new contracts and activities
authorized under this section.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $3,001,027,000, to remain
available until September 30, 2013, unless otherwise
specified: Provided, That of the total amount provided,
$2,851,027,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (the ``Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading (except for
planning grants provided in the second paragraph and amounts
made available under the third paragraph), not to exceed 20
percent of any grant made with funds appropriated under this
heading shall be expended for planning and management
development and administration: Provided further, That
$60,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section
204 of this Act), up to $3,960,000 may be used for
emergencies that constitute imminent threats to health and
safety.
Of the amounts made available under this heading,
$90,000,000 shall be made available for a Sustainable
Communities Initiative to improve regional planning efforts
that integrate housing and transportation decisions, and
increase the capacity to improve land use and zoning:
Provided, That $63,000,000 shall be for Regional Integrated
Planning Grants to support the linking of transportation and
land use planning: Provided further, That not less than
$15,750,000 of the funding made available for Regional
Integrated Planning Grants shall be awarded to metropolitan
areas of less than 500,000: Provided further, That
$27,000,000 shall be for Community Challenge Planning Grants
to foster reform and reduce barriers to achieve affordable,
economically vital, and sustainable communities: Provided
further, That the Secretary will consult with the Secretary
of Transportation in evaluating grant proposals.
community development block grant disaster funding
For an additional amount for the ``Community Development
Fund'', for necessary expenses related to disaster relief,
long-term recovery, and restoration of infrastructure,
housing, and economic revitalization resulting from a major
disaster designation pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122(2)) in 2011, $400,000,000, to remain available until
expended, for activities authorized under title I of the
Housing and Community Development Act of 1974 (Public Law 93-
383): Provided, That the amount provided under this heading
is designated by Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (Public Law 99-177), as
amended: Provided further, That funds shall be awarded
directly to the State or unit of general local government at
the discretion of the Secretary: Provided further, That
prior to the obligation of funds a grantee shall submit a
plan to the Secretary detailing the proposed use of all
funds, including criteria for eligibility and how the use of
these funds will address long-term recovery and restoration
of infrastructure: Provided further, That funds provided
under this heading may be used by a State or locality as a
matching requirement, share, or contribution for any other
Federal program: Provided further, That such funds may not
be used for activities reimbursable by, or for which funds
are made available by, the Federal Emergency Management
Agency or the Army Corps of Engineers: Provided further,
That funds allocated under this heading shall not adversely
affect the amount of any formula assistance received by a
State or subdivision thereof under the Community Development
Fund: Provided further, That a State or subdivision thereof
may use up to 5 percent of its allocation for administrative
costs: Provided further, That in administering the funds
under this heading, the Secretary of Housing and Urban
Development may waive, or specify alternative requirements
for, any provision of any statute or regulation that the
Secretary administers in connection with the obligation by
the Secretary or the use by the recipient of these funds or
guarantees (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a request by a State or subdivision thereof explaining
why such waiver is required to facilitate the use of such
funds or guarantees, if the Secretary finds that such waiver
would not be inconsistent with the overall purpose of title I
of the Housing and Community Development Act of 1974:
Provided further, That the Secretary shall publish in the
Federal Register any waiver of any statute or regulation that
the Secretary administers pursuant to title I of the Housing
and Community Development Act of 1974 no later than 5 days
before the effective date of such waiver.
community development loan guarantees program account
For the cost of guaranteed loans, $4,960,000, to remain
available until September 30, 2012, as authorized by section
108 of the Housing and Community Development Act of 1974 (42
U.S.C. 5308): Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to
exceed $200,000,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as
amended.
home investment partnerships program
For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,000,000,000, to remain available
until September 30, 2013: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocation of such amount:
Provided further, That funds made available under this
heading used for projects not completed within 4 years of the
commitment date, as determined by a signature of each party
to the agreement shall be repaid: Provided further, That the
Secretary may extend the deadline for 1 year if the Secretary
determines that the failure to complete the project is beyond
the control of the participating jurisdiction: Provided
further, That no funds provided under this heading may be
committed to any project included as part of a participating
jurisdiction's plan under section 105(b), unless each
participating jurisdiction certifies that it has conducted an
underwriting review, assessed developer capacity and fiscal
soundness, and examined neighborhood market conditions to
ensure adequate need for each project: Provided further,
That any homeownership units funded under this heading which
cannot be sold to an eligible homeowner within 6 months of
project completion shall be rented to an eligible tenant:
Provided further, That no funds provided under this heading
may be awarded for development activities to a community
housing development organization that cannot demonstrate that
it is has staff with demonstrated development experience:
Provided further, That funds provided in prior appropriations
Acts for technical assistance, that were made available for
Community Housing Development Organizations technical
assistance, and that still remain available, may be used for
HOME technical assistance notwithstanding the purposes for
which such amounts were appropriated.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$57,000,000, to remain available until September 30, 2013:
Provided, That of the total amount provided under this
heading, $17,000,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That $35,000,000
shall be made
[[Page S6972]]
available for the second, third and fourth capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 may be made available for rural
capacity-building activities: Provided further, That
$5,000,000 shall be made available for capacity-building
activities for a national organization with expertise in
rural housing, including experience working with rural
housing organizations, local governments, and Indian tribes.
homeless assistance grants
(including transfer of funds)
For the emergency solutions grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the continuum of care program as
authorized under subtitle C of title IV of such Act; and the
rural housing stability assistance program as authorized
under subtitle D of title IV of such Act, $1,901,190,000, of
which $1,896,190,000 shall remain available until September
30, 2014, and of which $5,000,000 shall remain available
until expended for project-based rental assistance with
rehabilitation projects with 10-year grant terms and any
rental assistance amounts that are recaptured under such
continuum of care program shall remain available until
expended: Provided, That not less than $286,000,000 of the
funds appropriated under this heading shall be available for
such emergency solutions grants program: Provided further,
That not less than $1,602,190,000 of the funds appropriated
under this heading shall be available for such continuum of
care and rural housing stability assistance programs:
Provided further, That up to $8,000,000 of the funds
appropriated under this heading shall be available for the
national homeless data analysis project: Provided further,
That for all match requirements applicable to funds made
available under this heading for this fiscal year and prior
years, a grantee may use (or could have used) as a source of
match funds other funds administered by the Secretary and
other Federal agencies unless there is (or was) a specific
statutory prohibition on any such use of any such funds:
Provided further, That the Secretary shall renew on an annual
basis expiring contracts or amendments to contracts funded
under the continuum of care program if the program is
determined to be needed under the applicable continuum of
care and meets appropriate program requirements and financial
standards, as determined by the Secretary: Provided further,
That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with
other mainstream health, social services, and employment
programs for which homeless populations may be eligible,
including Medicaid, State Children's Health Insurance
Program, Temporary Assistance for Needy Families, Food
Stamps, and services funding through the Mental Health and
Substance Abuse Block Grant, Workforce Investment Act, and
the Welfare-to-Work grant program: Provided further, That
all balances for Shelter Plus Care renewals previously funded
from the Shelter Plus Care Renewal account and transferred to
this account shall be available, if recaptured, for continuum
of care renewals in fiscal year 2012.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $9,018,672,000, to remain available until
expended, shall be available on October 1, 2011 (in addition
to the $400,000,000 previously appropriated under this
heading that will become available October 1, 2012), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2012: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph: Provided further,
That of the total amounts provided under this heading, not to
exceed $289,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance: Provided further, That the Secretary of Housing
and Urban Development may also use such amounts in the
previous proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading may be used for
renewals of or amendments to section 8 project-based
contracts or for performance-based contract administrators,
notwithstanding the purposes for which such amounts were
appropriated.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, and
for project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for senior
preservation rental assistance contracts, as authorized by
section 811(e) of the American Housing and Economic
Opportunity Act of 2000, as amended, and for supportive
services associated with the housing, $369,627,000 to remain
available until September 30, 2015: Provided, That of the
amount provided under this heading, up to $91,000,000 shall
be for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing
projects, and of which up to $20,000,000 shall be for grants
under section 202b of the Housing Act of 1959 (12 U.S.C.
1701q-2) for conversion of eligible projects under such
section to assisted living, service-enriched housing, or
related use for substantial and emergency repairs as
determined by the Secretary: Provided further, That amounts
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 202 capital advance
projects: Provided further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions
of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in
duration.
housing for persons with disabilities
For capital advance contracts, including amendments to
capital advance contracts, for supportive housing for persons
with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013) and for project rental assistance for supportive
housing for persons with disabilities under section 811(d)(2)
of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive
services associated with the housing for persons with
disabilities as authorized by section 811(b)(1) of such Act,
$150,000,000 to remain available until September 30, 2015:
Provided, That the Secretary may waive the provisions of
section 811 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration:
Provided further, That amounts made available under this
heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with
section 811 Capital Advance Projects: Provided further, That
the Secretary shall conduct a demonstration program to make
available funds provided under this heading for project
rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(b)(3)).
Housing Counseling Assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $60,000,000,
including up to $2,500,000 for administrative contract
services, to remain available until September 30, 2012:
Provided, That grants made available from amounts provided
under this heading shall be awarded within 120 days of
enactment of this Act: Provided further, That funds shall be
used for providing counseling and advice to tenants and
homeowners, both current and prospective, with respect to
property maintenance, financial management/literacy, and such
other matters as may be appropriate to assist them in
improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or
homeownership; for program administration; and for housing
counselor training.
other assisted housing programs
rental housing assistance
For amendments to or extensions for up to 1 year of
contracts under section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in
State-aided, noninsured rental housing projects, $1,300,000,
to remain available until expended.
rent supplement
(rescission)
Of the amounts recaptured from terminated contracts under
section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s) and section 236 of the National Housing Act
(12 U.S.C. 1715z-1) $231,600,000 are rescinded: Provided,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $9,000,000, to remain
available until expended, of which $4,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt
[[Page S6973]]
of collections to the Fund pursuant to section 620 of such
Act: Provided further, That the amount made available under
this heading from the general fund shall be reduced as such
collections are received during fiscal year 2011 so as to
result in a final fiscal year 2011 appropriation from the
general fund estimated at not more than $5,000,000 and fees
pursuant to such section 620 shall be modified as necessary
to ensure such a final fiscal year 2011 appropriation:
Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban
Development may assess and collect fees from any program
participant: Provided further, That such collections shall
be deposited into the Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected
under section 620, for necessary expenses of such Act:
Provided further, That notwithstanding the requirements of
section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the
use of approved service providers that are paid directly by
the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2013: Provided, That during fiscal year 2012, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$50,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund. For
administrative contract expenses of the Federal Housing
Administration, $206,586,000, to remain available until
September 30, 2013, of which up to $70,652,000 may be
transferred to and merged with the Working Capital Fund:
Provided further, That to the extent guaranteed loan
commitments exceed $200,000,000,000 on or before April 1,
2012, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000.
general and special risk program account
During fiscal year 2012, commitments to guarantee loans
incurred under the General and Special Risk Insurance Funds,
as authorized by sections 238 and 519 of the National Housing
Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$25,000,000,000 in total loan principal, any part of which is
to be guaranteed.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $20,000,000, which
shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties
owned by the Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2013: Provided, That $20,000,000 shall be available for
personnel compensation and benefits, and other administrative
expenses of the Government National Mortgage Association:
Provided further, That to the extent that guaranteed loan
commitments will and do exceed $300,000,000,000, an
additional $100 for personnel compensation and benefits, and
administrative expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below
$1,000,000): Provided further, That receipts from Commitment
and Multiclass fees collected pursuant to title III of the
National Housing Act, as amended, shall be credited as
offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $45,825,000,
to remain available until September 30, 2013: Provided, That
with respect to amounts made available under this heading,
notwithstanding section 204 of this title, the Secretary may
enter into cooperative agreements funded with philanthropic
entities, other Federal agencies, or State or local
governments and their agencies for research projects:
Provided further, That with respect to the previous proviso,
such partners to the cooperative agreements must contribute
at least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered
into in accordance with the previous two provisos, the
Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note)
in lieu of compliance with section 102(a)(4)(C) with respect
to documentation of award decisions.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $70,847,000, to remain
available until September 30, 2013, of which $42,500,000
shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant or loan:
Provided further, That of the funds made available under this
heading, $300,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion
of translated materials and other programs that support the
assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.
Office of Healthy Homes and Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $120,000,000, to remain available
until September 30, 2013, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970 that shall
include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of the law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, Operation Lead Elimination Action
Plan (LEAP), or the Lead Technical Studies program under this
heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the
Multifamily Housing Property Disposition Reform Act of 1994:
Provided further, That of the total amount made available
under this heading, $45,000,000 shall be made available on a
competitive basis for areas with the highest lead paint
abatement needs: Provided further, That each recipient of
funds provided under the second proviso shall make a matching
contribution in an amount not less than 25 percent: Provided
further, That the Secretary may waive the matching
requirement cited in the preceding proviso on a case by case
basis if the Secretary determines that such a waiver is
necessary to advance the purposes of this program: Provided
further, That each applicant shall submit a detailed plan and
strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of
funds pursuant to a notice of funding availability: Provided
further, That amounts made available under this heading in
this or prior appropriations Acts, and that still remain
available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and
there are other program competitions under this heading that
are oversubscribed.
Working Capital Fund
For additional capital for the Working Capital Fund (42
U.S.C. 3535) for the maintenance of infrastructure for
Department-wide information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $192,475,000, to remain
available until September 30, 2013: Provided, That any
amounts transferred to this Fund under this Act shall remain
available until expended: Provided further, That any amounts
transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts may be used for the
purposes specified under this Fund, in addition to any other
information technology the purposes for which such amounts
were appropriated: Provided further, That not more than 25
percent of the funds made available under this heading for
Development, Modernization and Enhancement, including
development and deployment of a Next Generation of Voucher
Management System and development and deployment of
modernized Federal Housing Administration systems may be
obligated until the Secretary submits to the Committees on
Appropriations a plan for expenditure that--(A) identifies
for each modernization project: (i) the functional and
performance capabilities to be delivered and the mission
benefits to be realized, (ii) the estimated life-cycle cost,
and (iii) key milestones to be met; (B) demonstrates that
each modernization project is: (i) compliant with the
department's enterprise architecture, (ii) being managed in
accordance with applicable life-cycle management policies and
guidance, (iii) subject to the department's capital planning
and investment control requirements, and (iv) supported by an
adequately staffed project office; and (C) has been reviewed
by the Government Accountability Office.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended,
[[Page S6974]]
$124,750,000: Provided, That the Inspector General shall
have independent authority over all personnel issues within
this office.
Transformation Initiative
(including transfer of funds)
Of the amounts made available in this Act under each of the
following headings under this title, the Secretary may
transfer to, and merge with, this account up to 0.5 percent
from each such account, and such transferred amounts shall be
available until September 30, 2014, for: (1) research,
evaluation, and program metrics; (2) program demonstrations;
and (3) technical assistance and capacity building: ``Choice
Neighborhoods Initiative'', ``Housing Opportunities for
Persons With AIDS'', ``Community Development Fund'', ``HOME
Investment Partnerships Program'', ``Self-Help and Assisted
Homeownership Opportunity Program'', ``Homeless Assistance
Grants'', ``Housing for the Elderly'', ``Housing for Persons
With Disabilities'', ``Housing Counseling Assistance'',
``Payment to Manufactured Housing Fees Trust Fund'', ``Mutual
Mortgage Insurance Program Account'', ``Lead Hazard
Reduction'', ``Rental Housing Assistance'', and ``Fair
Housing Activities'': Provided, That of the amounts made
available under this paragraph, not less than $45,000,000
shall be available for technical assistance and capacity
building: Provided further, That technical assistance
activities shall include, technical assistance for HUD
programs, including HOME, Community Development Block Grant,
homeless programs, HOPWA, HOPE VI, Public Housing, the
Housing Choice Voucher Program, Fair Housing Initiative
Program, Housing Counseling, Healthy Homes, Sustainable
Communities, and other technical assistance as determined by
the Secretary: Provided further, That the Secretary shall
submit a plan to the House and Senate Committees on
Appropriations for approval detailing how the funding
provided under this heading will be allocated to each of the
four categories identified under this heading and for what
projects or activities funding will be used: Provided
further, That following the initial approval of this plan,
the Secretary may amend the plan with the approval of the
House and Senate Committees on Appropriations: Provided
further, That with respect to amounts made available under
this heading for research, evaluation, program metrics, and
program demonstrations, notwithstanding section 204 of this
title, the Secretary may make grants or enter into
cooperative agreements that include a substantial match
contribution.
General Provisions--Department of Housing and Urban Development
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2012 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2012 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2012 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2011 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2012, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2012 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
city of New York, New York, on behalf of the New York-Wayne-
White Plains, New York-New Jersey Metropolitan Division
(hereafter ``metropolitan division'') of the New York-Newark-
Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development
by:
(1) allocating to the city of Jersey City, New Jersey, the
proportion of the metropolitan area's or division's amount
that is based on the number of cases of AIDS reported in the
portion of the metropolitan area or division that is located
in Hudson County, New Jersey, and adjusting for the
proportion of the metropolitan division's high-incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS; and
(2) allocating to the city of Paterson, New Jersey, the
proportion of the metropolitan area's or division's amount
that is based on the number of cases of AIDS reported in the
portion of the metropolitan area or division that is located
in Bergen County and Passaic County, New Jersey, and
adjusting for the proportion of the metropolitan division's
high incidence bonus if this area in New Jersey also has a
higher than average per capita incidence of AIDS. The
recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in
their respective portions of the metropolitan division that
is located in New Jersey.
(d) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2012 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to areas
with a higher than average per capita incidence of AIDS,
shall be adjusted by the Secretary on the basis of area
incidence reported over a 3-year period.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2012
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 209. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2012 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the city of Wilmington, Delaware, on behalf of
the Wilmington, Delaware-Maryland-New Jersey Metropolitan
Division (hereafter ``metropolitan division''), shall be
adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
division that is located in New Jersey, and adjusting for the
proportion of the metropolitan division's high incidence
bonus if this area in New Jersey also has a higher than
average per capita incidence of AIDS. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2012 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the city
of Raleigh, North Carolina, on behalf of the Raleigh-Cary
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855
[[Page S6975]]
of such Act (42 U.S.C. 12904) within such metropolitan
statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2012 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be in proportion to the number
of cases of AIDS reported in the portion of the metropolitan
statistical area located in that State. Any amounts allocated
to a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 210. The President's formal budget request for fiscal
year 2013, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 211. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of public
housing or a recipient of section 8 assistance on the board
of directors or a similar governing board shall establish an
advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide
advice and comment to the public housing agency or other
administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than
quarterly.
Sec. 212. (a) Notwithstanding any other provision of law,
subject to the conditions listed in subsection (b), for
fiscal years 2012 and 2013, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt and statutorily required low-
income and very low-income use restrictions, associated with
one or more multifamily housing project to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under section (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: the
number of low-income and very low-income units and the
configuration (i.e. bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided by the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: the
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based section 8 budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959 as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act; or
(E) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Housing Act of 1959;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required use low-income and very low-income restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
Sec. 213. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title III of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 214. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 215. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition) that
an individual receives under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private sources, or an
institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered
income to that individual, except for a person over the age
of 23 with dependent children.
Sec. 216. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-g), the Secretary of Housing and Urban
Development may, until September 30, 2012, insure and enter
into commitments to insure mortgages under section 255(g) of
the National Housing Act (12 U.S.C. 1715z-20).
Sec. 217. Notwithstanding any other provision of law, in
fiscal year 2011, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8
[[Page S6976]]
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available
Federal, State, and local resources, including rent
adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA'') and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based
rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental
assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior
to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for
imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and
use of other available remedies, such as partial abatements
or receivership. After disposition of any multifamily
property described under this section, the contract and
allowable rent levels on such properties shall be subject to
the requirements under section 524 of MAHRAA.
Sec. 218. During fiscal year 2012, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan notwithstanding paragraphs (3) and (18)(B)(iii)
of such section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
Sec. 219. The Secretary of Housing and Urban Development
shall report quarterly to the House of Representatives and
Senate Committees on Appropriations on HUD's use of all sole-
source contracts, including terms of the contracts, cost, and
a substantive rationale for using a sole-source contract.
Sec. 220. Notwithstanding any other provision of law, the
recipient of a grant under section 202b of the Housing Act of
1959 (12 U.S.C. 1701q) after December 26, 2000, in accordance
with the unnumbered paragraph at the end of section 202(b) of
such Act, may, at its option, establish a single-asset
nonprofit entity to own the project and may lend the grant
funds to such entity, which may be a private nonprofit
organization described in section 831 of the American
Homeownership and Economic Opportunity Act of 2000.
Sec. 221. (a) The amounts provided under the subheading
``Program Account'' under the heading ``Community Development
Loan Guarantees'' may be used to guarantee, or make
commitments to guarantee, notes, or other obligations issued
by any State on behalf of nonentitlement communities in the
State in accordance with the requirements of section 108 of
the Housing and Community Development Act of 1974 in fiscal
year 2012 and subsequent years: Provided, That, any State
receiving such a guarantee or commitment shall distribute all
funds subject to such guarantee to the units of general local
government in nonentitlement areas that received the
commitment.
(b) Not later than 60 days after the date of enactment of
this Act, the Secretary of Housing and Urban Development
shall promulgate regulations governing the administration of
the funds described under subsection (a).
Sec. 222. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2012.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2012.''.
Sec. 223. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 224. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 225. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that, not later than
90 days after the date of enactment of this Act, a trained
allotment holder shall be designated for each HUD subaccount
under the heading ``Administration, Operations, and
Management'' as well as each account receiving appropriations
for ``Program Office Salaries and Expenses'' within the
Department of Housing and Urban Development.
Sec. 226. The Secretary of Housing and Urban Development
shall report quarterly to the House and Senate Committees on
Appropriations on the status of all section 8 project-based
housing, including the number of all project-based units by
region as well as an analysis of all federally subsidized
housing being refinanced under the Mark-to-Market program.
The Secretary shall in the report identify all existing units
maintained by region as section 8 project-based units and all
project-based units that have opted out of section 8 or have
otherwise been eliminated as section 8 project-based units.
The Secretary shall identify in detail and by project all the
efforts made by the Department to preserve all section 8
project-based housing units and all the reasons for any units
which opted out or otherwise were lost as section 8 project-
based units. Such analysis shall include a review of the
impact of the loss of any subsidized units in that housing
marketplace, such as the impact of cost and the loss of
available subsidized, low-income housing in areas with scarce
housing resources for low-income families.
Sec. 227. Payment of attorney fees in program-related
litigation must be paid from individual program office
personnel benefits and compensation funding. The annual
budget submission for program office personnel benefit and
compensation funding must include program-related litigation
costs for attorney fees as a separate line item request.
Sec. 228. The Secretary of the Department of Housing and
Urban Development shall for fiscal year 2012 and subsequent
fiscal years, notify the public through the Federal Register
and other means, as determined appropriate, of the issuance
of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary
fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2012 and subsequent fiscal years, the
Secretary may make the NOFA available only on the Internet at
the appropriate Government Web site or through other
electronic media, as determined by the Secretary.
Sec. 229. No property identified by the Secretary of
Housing and Urban Development as surplus Federal property for
use to assist the homeless shall be made available to any
homeless group unless the group is a member in good standing
under any of HUD's homeless assistance programs or is in good
standing with any other program which receives funds from any
other Federal or State agency or entity: Provided, That an
exception may be made for an entity not involved with Federal
homeless programs to use surplus Federal property for the
homeless only after the Secretary or another responsible
Federal agency has fully and comprehensively reviewed all
relevant finances of the entity, the track record of the
entity in assisting the homeless, the ability of the entity
to manage the property, including all costs, the ability of
the entity to administer homeless programs in a manner that
is effective to meet the needs of the homeless population
that is expected to use the property and any other related
issues that demonstrate a commitment to assist the homeless:
Provided further, That the Secretary shall not require the
entity to have cash in hand in order to demonstrate financial
ability but may rely on the entity's prior demonstrated fund-
raising ability or commitments for in-kind donations of goods
and services: Provided further, That the Secretary shall
make all such information and its decision regarding the
award of the surplus property available to the committees of
jurisdiction, including a full justification of the
appropriateness of the use of the property to assist the
homeless as well as the appropriateness of the group seeking
to obtain the property to use such property to assist the
homeless: Provided further, That, this section shall apply
to properties in fiscal years 2011 and 2012 made available as
surplus Federal property for use to assist the homeless.
Sec. 230. The Secretary of the Department of Housing and
Urban Development is authorized to transfer up to 5 percent
or $5,000,000, whichever is less, of the funds made available
for salaries and expenses under any account or any set-aside
within any account under this title under the general heading
``Program Office Salaries and Expenses'', and under the
account heading ``Administration, Operations and
Management'', to any other such account or any other such
set-aside within any such account: Provided, That no
appropriation for salaries and expenses in any such account
or set-aside shall be increased or decreased by more than 5
percent or $5,000,000, whichever is less, without prior
written approval of the House and Senate Committees on
Appropriations.
Sec. 231. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban
Development, shall be considered a ``program of the
Department of Housing and Urban Development'' under section
904 of the McKinney Act for the purpose of income
verifications and matching.
Sec. 232. Of the amounts made available for salaries and
expenses under all accounts under this title (except for the
Office of Inspector General account), a total of up to
$10,000,000 may be transferred to and merged with amounts
made available in the ``Working Capital Fund'' account under
this title.
Sec. 233. Title II of division I of Public Law 108-447 and
title III of Public Law 109-115 are each amended by striking
the item related to ``Flexible Subsidy Fund''.
[[Page S6977]]
Sec. 234. The Secretary of Housing and Urban Development
may increase, pursuant to this section, the number of Moving-
to-Work agencies authorized under section 204, title II, of
the Departments of Veterans Affairs and Housing and Urban
Development and Independent Agencies Appropriations Act, 1996
(Public Law 104-134; 110 Stat. 1321) by adding to the program
up to three Public Housing Agencies that are High Performing
Agencies under the Public Housing Assessment System (PHAS) or
the Section Eight Management Assessment Program (SEMAP). No
PHA shall be granted this designation through this section
that administers in excess of 20,000 aggregate housing
vouchers and public housing units. No PHA granted this
designation through this section shall receive more funding
under sections 8 or 9 of the United States Housing Act of
1937 than they otherwise would have received absent this
designation. In addition to other reporting requirements, all
Moving-to-Work agencies shall report financial data to the
Department of Housing and Urban Development as specified by
the Secretary, so that the effect of Moving-to-Work policy
changes can be measured.
Sec. 235. Of the unobligated balances remaining from funds
appropriated under the heading ``Tenant-Based Rental
Assistance'' under the ``Full-Year Continuing Appropriations
Act, 2011'', $750,000,000 are rescinded from the
$4,000,000,000 which are available on October 1, 2011:
Provided, That such amounts may be derived from reductions to
public housing agencies' calendar year 2012 allocations based
on the excess amounts of public housing agencies' net
restricted assets accounts, including the net restricted
assets of MTW agencies (in accordance with VMS data in
calendar year 2011 that is verifiable and complete), as
determined by the Secretary: Provided further, That in
making such adjustments, the Secretary shall preserve public
housing authority reserves at no less than one month, to the
extent practicable.
Sec. 236. The United States Housing Act of 1937 (42 U.S.C.
1437) is amended--
(1) in section 3(a)(1) by inserting before the period at
the end of the second sentence the following: ``, except in
the case of any family with a fixed income, as defined by the
Secretary, after the initial review of the family's income,
the public housing agency or owner shall not be required to
conduct a review of the family's income for any year for
which such family certifies, in accordance with such
requirements as the Secretary shall establish, that 90
percent or more of the income of the family consists of fixed
income, and that the sources of such income have not changed
since the previous year, except that the public housing
agency or owner shall conduct a review of each such family's
income not less than once every 3 years'';
(2) in section 3(b)(2) by inserting after the second
sentence the following new sentence: ``The term `extremely
low-income families' means very low-income families whose
incomes do not exceed the higher of (A) the poverty
guidelines updated periodically by the Department of Health
and Human Services under the authority of section 673(2) of
the Community Services Block Grant Act (42 U.S.C. 9902(2)),
applicable to a family of the size involved; or (B) 30
percent of the median family income for the area, as
determined by the Secretary, with adjustments for smaller and
larger families, except that the Secretary may establish
income ceilings higher or lower than 30 percent of the median
for the area on the basis of the Secretary's findings that
such variations are necessary because of unusually high or
low family incomes, and except that clause (A) of this
sentence shall not apply in the case of public housing
agencies located in Puerto Rico or any other territory or
possession of the United States.'';
(3) in paragraph (2) of section 3(b) by adding at the end
the following new sentence: ``The Secretary shall
periodically, but not less than annually, determine or
establish area median incomes and income ceilings and limits
in accordance with this paragraph'';
(4) in section 3(b)(5)(A)--
(A) in clause (i) by striking ``$400'' and inserting in
lieu thereof ``$675''; and
(B) in clause (ii), in the matter preceding subclause (I),
by striking ``3 percent'' and inserting in lieu thereof ``10
percent'';
(5) in paragraph (1) of section 8(c)--
(A) by inserting ``(A)'' after the paragraph designation;
(B) by striking the fourth, fifth, seventh, eighth, ninth,
and tenth sentences; and
(C) by adding at the end the following:
``(B) Fair market rentals for an area shall be published
not less than annually by the Secretary on the Department's
Web site and in any other manner specified by the Secretary.
The Secretary shall publish notice of the publication of such
fair market rentals in the Federal Register, and such fair
market rentals shall become effective no earlier than 30 days
after the date of such publication. The Secretary shall
establish a procedure for public housing agencies and other
interested parties to comment on such fair market rentals and
to request, within a time specified by the Secretary,
reevaluation of the fair market rental in a jurisdiction. The
Secretary shall publish for comment in the Federal Register
notices of proposed material changes in the methodology for
estimating fair market rentals and notices specifying the
final decisions regarding such proposed substantial
methodological changes and responses to public comments.'';
(6) in subparagraph (B) of section 8(o)(1) by inserting
before the period at the end the following: ``, except that
no public housing agency shall be required as a result of a
reduction in the fair market rental to reduce the payment
standard applied to a family continuing to reside in a unit
for which the family was receiving assistance under this
section at the time the fair market rental was reduced. The
Secretary shall allow public housing agencies to request
exception payment standards within fair market rental areas
subject to criteria and procedures established by the
Secretary'';
(7) in subparagraph (D) of section 8(o)(1) by inserting
before the period at the end the following: ``except that a
public housing agency may establish a payment standard of not
more than 120 percent of the fair market rent, where
necessary, as a reasonable accommodation for a person with a
disability, without approval of the Secretary. A public
housing agency may seek approval of the Secretary to use a
payment standard greater than 120 percent of the fair market
rent as a reasonable accommodation for a disabled family or
other family with a person with a disability. In connection
with the use of any increased payment standard established or
approved pursuant to either of the preceding two sentences as
a reasonable accommodation for a person with a disability,
the Secretary may not establish additional requirements
regarding the amount of adjusted income paid by such person
for rent'';
(8) in section 16(a)(2)(A) by striking ``families whose
incomes'' and all that follows through ``low family incomes''
and inserting in lieu thereof ``extremely low-income
families'';
(9) in section 16(b)(1) by striking ``families whose
incomes'' and all that follows through ``low family incomes''
and inserting in lieu thereof ``extremely low-income
families''; and
(10) in section 16(c)(3) by striking ``families whose
incomes'' and all that follows through ``low family incomes''
and inserting in lieu thereof ``extremely low-income
families''.
Sec. 237. Section 579 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (42 U.S.C. 1437f) is
amended by striking ``October 1, 2011'' each place it appears
and inserting in lieu thereof ``October 1, 2015''.
housing loan limit extensions
Sec. 238. (a) Federal Housing Administration.--
Notwithstanding any other provision of law, for mortgages for
which a Federal Housing Administration case number has been
assigned during the period beginning on the date of enactment
of this Act and ending on December 31, 2013, the dollar
amount limitation on the principal obligation for purposes of
section 203 of the National Housing Act (12 U.S.C. 1709)
shall be considered to be, except for purposes of section
255(g) of such Act (12 U.S.C. 1715z-20(g)), the greater of--
(1) the dollar amount limitation on the principal
obligation of a mortgage determined under section 203(b)(2)
of the National Housing Act (12 U.S.C. 1709(b)(2)); or
(2) the dollar amount limitation that was prescribed for
such size residence for such area for 2008 pursuant to
section 202 of the Economic Stimulus Act of 2008 (Public Law
110-185; 122 Stat. 620).
(b) Fannie Mae and Freddie Mac Loan Limit Extension.--
(1) In general.--Notwithstanding any other provision of
law, for mortgage loans originated during the period
beginning on the date of enactment of this Act and ending on
December 31, 2013, the limitation on the maximum original
principal obligation of a mortgage that may be purchased by
the Federal National Mortgage Association or the Federal Home
Loan Mortgage Corporation shall be the greater of--
(A) the limitation in effect at the time of the purchase of
the mortgage loan, as determined pursuant to section
302(b)(2) of the Federal National Mortgage Association
Charter Act (12 U.S.C. 1717(b)(2)) or section 305(a)(2) of
the Federal Home Loan Mortgage Corporation Act (12 U.S.C.
1454(a)(2)), respectively; or
(B) the limitation that was prescribed for loans originated
during the period beginning on July 1, 2007 and ending on
December 31, 2008, pursuant to section 201 of the Economic
Stimulus Act of 2008 (Public Law 110-185, 122 Stat. 619).
(2) Premium loan fee.--
(A) In general.--Notwithstanding any other provision of
law, the Federal Housing Finance Agency shall, by rule or
order, impose a premium loan fee to be charged by the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation with respect to mortgage loans made
eligible for purchase by the Federal National Mortgage
Association and the Federal Home Loan Mortgage Corporation by
a higher limitation provided under paragraph (1)(B), annually
during the life of the loan, of 15 basis points of the unpaid
principal balance of the mortgage, to achieve an estimated
$300,000,000 from the revenue raised from such fees.
(B) Premium loan fee structure.--The premium loan fee is
independent of any guarantee fees, upfront or ongoing,
charged to the borrower, and the premium loan fee shall not
be affected by changes in guarantee fees.
(3) Use of fees.--
(A) In general.--The fees imposed under paragraph (2) by
the Federal Housing Finance Agency shall be deposited in the
fund established under subparagraph (C), and shall be used to
pay for costs associated with maintaining loan limits
established under this section.
(B) Subject to appropriations.--Amounts in the fund
established under subparagraph (C) shall be available only to
the extent provided in a subsequent appropriations Act.
(C) Fund.--There is established in the United States
Treasury a fund, for the deposit of fees imposed under
paragraph (2), to be used to pay for costs associated with
maintaining loan limits established under this section.
(4) FHFA report on fees.--The Federal Housing Finance
Agency shall include in each annual report required by
section 1601 of the Housing and Economic Recovery Act of 2008
related to the period described in paragraph (2)(B) a section
that provides the basis for and an analysis of the premium
loan fee charged in each year covered by the report.
[[Page S6978]]
(c) Department of Veterans Affairs Loan Limit Extension.--
Section 501 of the Veterans' Benefits Improvement Act of 2008
(Public Law 110-389; 122 Stat. 4175; 38 U.S.C. 3703 note) is
amended, in the matter before paragraph (1), by striking
``December 31, 2011'' and inserting ``December 31, 2013''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$7,400,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. App. 1111), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$24,100,000.
National Railroad Passenger Corporation Office of Inspector General
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $19,311,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within Amtrak:
Provided further, That concurrent with the President's budget
request for fiscal year 2013, the Inspector General shall
submit to the House and Senate Committees on Appropriations a
budget request for fiscal year 2013 in similar format and
substance to those submitted by executive agencies of the
Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$99,275,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $135,000,000, of which $5,000,000
shall be for a multi-family rental housing program:
Provided, That in addition, $65,000,000 shall be made
available until expended to the Neighborhood Reinvestment
Corporation for mortgage foreclosure mitigation activities,
under the following terms and conditions:
(1) The Neighborhood Reinvestment Corporation (``NRC'')
shall make grants to counseling intermediaries approved by
the Department of Housing and Urban Development (HUD) (with
match to be determined by the NRC based on affordability and
the economic conditions of an area; a match also may be
waived by the NRC based on the aforementioned conditions) to
provide mortgage foreclosure mitigation assistance primarily
to States and areas with high rates of defaults and
foreclosures to help eliminate the default and foreclosure of
mortgages of owner-occupied single-family homes that are at
risk of such foreclosure. Other than areas with high rates of
defaults and foreclosures, grants may also be provided to
approved counseling intermediaries based on a geographic
analysis of the Nation by the NRC which determines where
there is a prevalence of mortgages that are risky and likely
to fail, including any trends for mortgages that are likely
to default and face foreclosure. A State Housing Finance
Agency may also be eligible where the State Housing Finance
Agency meets all the requirements under this paragraph. A
HUD-approved counseling intermediary shall meet certain
mortgage foreclosure mitigation assistance counseling
requirements, as determined by the NRC, and shall be approved
by HUD or the NRC as meeting these requirements.
(2) Mortgage foreclosure mitigation assistance shall only
be made available to homeowners of owner-occupied homes with
mortgages in default or in danger of default. These mortgages
shall likely be subject to a foreclosure action and
homeowners will be provided such assistance that shall
consist of activities that are likely to prevent foreclosures
and result in the long-term affordability of the mortgage
retained pursuant to such activity or another positive
outcome for the homeowner. No funds made available under this
paragraph may be provided directly to lenders or homeowners
to discharge outstanding mortgage balances or for any other
direct debt reduction payments.
(3) The use of Mortgage Foreclosure Mitigation Assistance
by approved counseling intermediaries and State Housing
Finance Agencies shall involve a reasonable analysis of the
borrower's financial situation, an evaluation of the current
value of the property that is subject to the mortgage,
counseling regarding the assumption of the mortgage by
another non-Federal party, counseling regarding the possible
purchase of the mortgage by a non-Federal third party,
counseling and advice of all likely restructuring and
refinancing strategies or the approval of a work-out strategy
by all interested parties.
(4) NRC may provide up to 15 percent of the total funds
under this paragraph to its own charter members with
expertise in foreclosure prevention counseling, subject to a
certification by the NRC that the procedures for selection do
not consist of any procedures or activities that could be
construed as an unacceptable conflict of interest or have the
appearance of impropriety.
(5) HUD-approved counseling entities and State Housing
Finance Agencies receiving funds under this paragraph shall
have demonstrated experience in successfully working with
financial institutions as well as borrowers facing default,
delinquency and foreclosure as well as documented counseling
capacity, outreach capacity, past successful performance and
positive outcomes with documented counseling plans (including
post mortgage foreclosure mitigation counseling), loan
workout agreements and loan modification agreements. NRC may
use other criteria to demonstrate capacity in underserved
areas.
(6) Of the total amount made available under this
paragraph, up to $3,000,000 may be made available to build
the mortgage foreclosure and default mitigation counseling
capacity of counseling intermediaries through NRC training
courses with HUD-approved counseling intermediaries and their
partners, except that private financial institutions that
participate in NRC training shall pay market rates for such
training.
(7) Of the total amount made available under this
paragraph, up to 4 percent may be used for associated
administrative expenses for the NRC to carry out activities
provided under this section.
(8) Mortgage foreclosure mitigation assistance grants may
include a budget for outreach and advertising, and training,
as determined by the NRC.
(9) The NRC shall continue to report bi-annually to the
House and Senate Committees on Appropriations as well as the
Senate Banking Committee and House Financial Services
Committee on its efforts to mitigate mortgage default.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,640,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. Such sums as may be necessary for fiscal year
2012 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or
previous appropriations Acts.
Sec. 402. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 403. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 404. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2012, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that:
(1) creates a new program;
(2) eliminates a program, project, or activity;
[[Page S6979]]
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include:
(A) a table for each appropriation with a separate column
to display the President's budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each appropriation both
by object class and program, project, and activity as
detailed in the budget appendix for the respective
appropriation; and
(C) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the Congress.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2012 from
appropriations made available for salaries and expenses for
fiscal year 2012 in this Act, shall remain available through
September 30, 2013, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole-source
contracts by no later than July 30, 2012. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole-source contract.
Sec. 408. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 409. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfield as defined in the Small Business Liability Relief
and Brownsfield Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 410. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 411. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his period
of active military or naval service, and has within 90 days
after his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his former
position and has not been restored thereto.
Sec. 412. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 413. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 10a-10c).
Sec. 414. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 415. None of the funds made available in this Act may
be used to purchase a light bulb for an office building
unless the light bulb has, to the extent practicable, an
Energy Star or Federal Energy Management Program designation.
Sec. 416. None of the funds made available in this Act may
be used to establish, issue, implement, administer, or
enforce any prohibition or restriction on the establishment
or effectiveness of any occupancy preference for veterans in
supportive housing for the elderly that:
(1) is provided assistance by the Department of Housing and
Urban Development; and
(2) is or would be located on property of the Department of
Veterans Affairs; or
(3) is subject to an enhanced use lease with the Department
of Veterans Affairs.
Sec. 417. None of the funds made available under this Act
or any prior Act may be provided to the Association of
Community Organizations for Reform Now (ACORN), or any of its
affiliates, subsidiaries, or allied organizations.
Sec. 418. Concurrent with the issuance of any notice of
funding availability or any other notice designed to solicit
applications for a program through which grants or credit
assistance are awarded through a competitive process, the
Secretary of Transportation and the Secretary of Housing and
Urban Development shall post on their Web sites information
about such program, including, but not limited to, the goals
of the program, the criteria that will be used in awarding
grants or credit assistance, and the process by which
applications will be selected for the award of a grant or
credit assistance: Provided, That concurrent with the public
announcement of grants or credit assistance to be awarded
through such competitive program, the Secretary of
Transportation and the Secretary of Housing and Urban
Development shall post on their Web sites information on each
applicant to be awarded a grant or credit assistance,
including, but not limited to, the name and address of the
applicant, the amount of the grant or credit assistance to be
awarded, the amount of financing expected from other sources,
and an explanation of how such award is consistent with
program goals.
Sec. 419. Notwithstanding section 701, none of the funds
made available by this Act may be used to purchase new
passenger motor vehicles, except for national security, law
enforcement needs, public transit, safety, and research:
Provided further, all agencies and departments funded by
divisions A, B, and C of this Act shall send to Congress at
the end of the Fiscal Year a report containing a complete
inventory of the total number of vehicles owned, permanently
retired, and purchased during Fiscal Year 2012 as well as the
total cost of the vehicle fleet, including maintenance, fuel,
storage, purchasing, and leasing.
Sec. 420. A person or entity that receives a Federal loan
using amounts made available under division A, division B, or
division C of this Act may not repay the loan using a Federal
grant or other award funded with amounts made available under
division A, division B, or division C of this Act: Provided
further, a grant or other award funded with amounts made
available under division A, division B, or division C of this
Act may not be used to repay a Federal loan.
This Act may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2012''.
Amend the title so as to read: ``An Act making consolidated
appropriations for the Departments of Agriculture, Commerce,
Justice, Transportation, and Housing and Urban Development,
and related programs for the fiscal year ending September 30,
2012, and for other purposes.''.
Mr. KOHL. Mr. President, I move to reconsider the vote.
Mr. REID. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 921
Mr. DURBIN. I ask unanimous consent that a title amendment to H.R.
2112, the text of which is at the desk, be agreed to.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The amendment is as follows:
Amend the title to read:
''An act making consolidated appropriations for the
Departments of Agriculture, Commerce, Justice,
Transportation, and Housing and Urban Development, and
related programs for the fiscal year ending September 30,
2012, and for other purposes.''
[[Page S6980]]
The PRESIDING OFFICER. The majority leader.
ORDER OF PROCEDURE
Mr. REID. Mr. President, I had a conversation with the Republican
leader. We have a very important briefing today at 3:30, and it will be
in the classified area of the Visitor Center. We are going to have
Secretary Burns, General Clapper will be there, the head of the Joint
Chiefs of Staff, Secretary Panetta will be there to talk about a number
of countries around the world on which we need to focus our attention.
I hope we have very good attendance at this meeting. It will be very
important that we have Senators listen to what these gentlemen have to
say, so I ask unanimous consent that we be in recess today from 3:30
until 4:30.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Mr. President, the experiment we have just completed on
these appropriations bills has worked out extremely well. One reason it
has worked out as well as it has is because of Senator Kohl. Senator
Kohl has been in the Senate more than two decades, and those of us who
have watched him know he doesn't spend a lot of time talking, but he
spends a lot of time getting things done, and this legislation was an
example of how good he is. Also, Senator Blunt--this is a new
experience for him, but he had been in the House for many years and was
part of their leadership and actually hit the ground running and has
been a great partner in helping us move this legislation forward. So I
congratulate both these fine Senators.
The PRESIDING OFFICER. The Senator from Wisconsin.
Mr. KOHL. Mr. President, upon passage of this bill, I want to take a
moment to thank my ranking member, Senator Blunt, for his guidance and
support throughout this process. He and his staff, Stacy McBride and
Mary Koskinen, were extraordinarily helpful to me and my staff as we
put this bill together. I also thank my staff--Galen Fountain, Jessica
Frederick, Dianne Nellor, Bob Ross, and Chad Metzler--for their
excellent work.
This is an austere bill. As I have stated before, almost every
category of funding is lower than last year and much lower than the
year before. We have had good debate on the floor about various
provisions in the bill, and we have taken many votes. The process has
been open and transparent. We have followed the regular order, and this
bill was considered on the Senate floor. We can now conference this
bill with the House and hopefully send it to the President shortly
after that.
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